Terms of Service

Welcome to Perfect Form (“Company,” “us,” “our,” “we”). The Services (defined below) are provided to you subject to the following terms and conditions (these “Terms”), which constitute a legal agreement between you and us.

1. Services

1.1 We operate the website PerfectForm.com and the services related thereto (collectively, the “Services”). By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms. If you are an individual using the Services on behalf of a company, your agreement to these Terms shall also act to bind the company on whose behalf you are using the Services.

1.2 The Services may be used only by those that have reached the age of majority and only for legal purposes. Minors are not permitted to use the Services.

1.3 The Services may not be used by anyone residing in any country or jurisdiction whose use of the Services would be contrary to such country’s or jurisdiction’s laws or regulations or would otherwise require any registration or other form of proactive compliance action by us that is not applicable in the United States. Additionally, the Services may not be used for any illegal purpose.

2. Nature of the Services

2.1 The Services do not include legal or tax advice. To the extent you have a legal or tax question as you use the Services, you should consult a lawyer or tax professional.

2.2 The Services assume that all information being provided by you on behalf of yourself and your company is true, correct and complete, that you are authorized to provide such information to us and that you are authorized to file Beneficial Ownership Information Reports on behalf of yourself and your company. We do not confirm the accuracy or completeness of information provided, and any liability incurred as a result of you providing false or incomplete information shall be borne by you. By using the Services, you represent and warrant that all information submitted to us is true, correct and complete and you covenant that you shall notify us immediately of any mistakes made in the information provided to us, in which case we shall use commercially reasonable efforts to mitigate the effect any such mistakes may have caused. You also represent and warrant that you are authorized to provide the information disclosed to us and that you are authorized to file Beneficial Ownership Information Reports on behalf of yourself and your company.

3. Account Access Protection

3.1 By using the Services, you may be given password protected access to a customized client portal (the “Portal”). You hereby agree to keep your password to the Portal confidential, sharing it only with those whom you have authorized to access your account. You shall use commercially reasonable efforts to notify Company as soon as reasonably practicable if you discover access to your account has or may have been compromised.

4. Payment Information

4.1 Upon placing an order for Services, you authorize us to collect payment from your chosen payment provider. Although we don’t anticipate it happening, if a mistake or error occurs in the amount you have been charged, we reserve the right to correct such mistake or error, whether prior to or after receiving payment.

4.2 You shall update your payment information on file with us at all times for so long as you are receiving any subscription services from us. If at any time we discover that your payment information is not accurate or current, we will use commercially reasonable efforts to obtain from you updated payment information, and if we are not successful we reserve the right to suspend or terminate your account with us.

4.3 If you have any annual subscriptions with us, we will provide you email notice (the “Renewal Notice”) of the upcoming subscription renewal date (the “Renewal Date”) at least 30 days prior to the Renewal Date. If you do not unsubscribe from the applicable subscription prior to the Renewal Date, such subscription shall renew on the Renewal Date for the subscription period set forth in the Renewal Notice. Each subscription shall renew at the existing rate, unless we set forth an updated subscription amount in the Renewal Notice, in which case the applicable subscription shall renew at such updated rate. If you cancel a subscription, such cancellation shall take effect on the day after the end of the current subscription period, and your access to the Services shall continue until the end of the current subscription period. We do not offer full or partial refunds, including, but not limited to, for cancellations that occur during the middle of a subscription period or in the event we terminate your access to the Services as a result of your breach of these Terms.

5. Intellectual Property

5.1 All intellectual property related in any way to the Services shall remain the sole property of Company, including but not limited to software tools, interface designs and layouts, documentation, know-how, databases, source code, website designs and graphics. You agree not to use, reproduce or distribute any of our intellectual property without the express prior written consent of Company.

6. Software Updates

6.1 We are continuously seeking to improve our clients’ experience and therefore must reserve the right to update, modify, maintain and fix any aspect of the Services at any time without notice to you. We will use commercially reasonable efforts to mitigate any inconvenience caused to you, but we are not liable for any loss, cost or damage caused as a result of the foregoing.

7. Amendments

7.1 We may update these Terms from time to time, and any such updates shall become effective 10 days after such updates are posted to our website, without the requirement that we send notice to you. Please review these Terms, as they may be updated, from time to time, to ensure your continued agreement.

8. Term

8.1 These Terms shall remain in full force and effect for so long as you continue to use the Services. We reserve the right to terminate your access to the Services temporarily or permanently if at any time you are in breach of these Terms.

9. Limitations of Liability

9.1 We shall in no event be liable for any loss, costs or damages beyond direct damages, which includes, without limitation, direct or indirect consequential, special, exemplary, incidental or punitive damages.

9.2 Our ability to provide the Services is reliant upon certain individuals providing information needed to complete Beneficial Ownership Information Reports, including beneficial owners and company applicants. We will use commercially reasonable efforts to obtain all required information from all applicable individuals, but we are not liable for any loss, costs or damages as a result of any individual from whom information is required failing to cooperate with our requests for information.

10. Governing Law

10.1 These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflicts of laws principles. Any legal action brought by either party hereunder shall be commenced in the state and federal courts located in Mecklenburg County, North Carolina, and the parties hereto hereby waive all lack of personal jurisdiction defenses and forum non conveniens defenses with respect thereto.

11. Miscellaneous

11.1 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

11.2 By using the Services, you acknowledge that you have read these Terms and agree to be bound by them.

11.3 These Terms constitute the entire agreement between you and us and supersede any other communications between you and us either prior to or after the date hereof. If any of these Terms are at any point deemed unlawful or unenforceable, the remainder of these Terms shall remain in full force and effect.

11.4 Our failure to enforce any of these Terms against you or anyone else shall not be construed as a waiver of any of these Terms, and we reserve the right to enforce these Terms at any point in the future.

11.5 We may assign any or all of our rights or obligations related to the Services at any time without prior notice.