These Terms of Service ("Terms") govern your access to and use of the services, including our various websites, APIs, email notifications, and applications (the "Services" or "PerfBeacon"), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). PerfBeacon is owned by Max Rozen, Sydney - Australia. (referred to as "I", "Me", "Our" or "We"). As a customer of this service you're a "User" or "You" according to this agreement. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
We reserve the right to update and change these Terms of Service without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://perfbeacon.com/terms
Violation of any of the terms below will result in the termination of your Account. While PerfBeacon prohibits such conduct and Content on the Service, you understand and agree that PerfBeacon cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Registration and Passwords
- You may be required to create an account with PerfBeacon in order to access certain Services. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms.
- You are responsible for safeguarding the password that you use in association with your account and for any activities or actions performed under your account. We recommend that you use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and that you logout from your account at the end of every session. PerfBeacon cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You agree to notify PerfBeacon immediately at email@example.com of any actual or suspected unauthorized use of your account or any other breach of security known by you.
- Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like, and invite logins into an organisation to manage shared resources.
- You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
- As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your PerfBeacon account, which you may not be able to opt-out from receiving.
Payment and Refunds Terms
- The Service is offered with a 14-day free trial. You will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your organisation will be frozen and inaccessible until payment is made.
- There will be no refunds or credits for partial months of service.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities.
- The credit card that you provided will automatically be charged the new rate on your next billing cycle when your billing status changes.
- If you switch a plan to another one with different billing cycle (e.g., from a monthly plan to a yearly plan), the billing date becomes the date of the switch. By default, PerfBeacon prorates subscription costs in this case.
Users may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that we shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. We, in its sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt via email to warn the account owner prior to suspension.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by visiting your account page on app.perfbeacon.com.
- All of your content will be immediately be inaccessible from the Service upon cancellation. This information can not be recovered once it has been permanently deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again.
- We, in its sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.
- We will terminate your account after 6 months since it has been deactivated due to no successful payments to the Service.
Modifications to the Service and Prices
- We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the PerfBeacon site or the Service itself.
- We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided via email.
- You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not crack the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by us.
- We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer will result in immediate account termination.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and us and govern your use of the Service, superceding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.