User Terms of Service | Perk

1. Introduction and Acceptance

Welcome to Perk! These User Terms of Service ("Terms") constitute a legally binding agreement between you and Perk Infrastructure LLC, a Delaware limited liability company ("Perk," "we," "us," or "our").

By accessing, downloading, or using the Perk mobile application, website, or any related services (collectively, the "Platform"), you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Platform.

Perk operates a two-sided marketplace connecting students with local businesses offering exclusive discounts, deals, promotions, and perks.

2. Eligibility

To use the Perk Platform, you must:

Be at least 18 years of age
Be either an enrolled student at a participating university or a member of the general public
Have the legal capacity to enter into a binding agreement
Be at least 21 years of age to access, view, or redeem any alcohol-related perks or promotions

Student Verification: To access student-exclusive deals, you must verify your student status using a valid university email address ending in .edu or other verification methods we may require.

3. Account Registration

Account Creation: To access certain features, you must create an account by providing accurate, complete, and current information.

Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use.

Account Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, abuse of the Platform, or for any other reason at our sole discretion.

4. The Perk Platform

Marketplace Description: Perk is a platform that facilitates connections between users and local businesses. Perk is NOT a party to any transactions between users and businesses. All deals, promotions, discounts, and perks are offered directly by individual businesses.

Deals and Promotions: Business partners create and manage their own deals. Deals may include discounts, happy hour specials, limited-time offers, and exclusive promotions. All deals are subject to the terms and conditions set by the individual business.

Redemption: To redeem a perk, you may be required to present proof of redemption through the Perk app, including but not limited to QR codes, NFC verification, visual confirmation, or GPS-based geofencing.

PerkPass Loyalty Program: PerkPass is a digital loyalty program that tracks your redemptions and unlocks additional benefits as you use the Platform. PerkPass benefits are subject to change and are not guaranteed.

Location Services: Certain features of the Platform require access to your device's location services to show nearby deals and verify redemptions. You can control location permissions through your device settings.

No Franchise or Agency: Nothing in these Terms or your use of the Platform creates a franchise, joint venture, agency, fiduciary, or employment relationship between you and Perk. Perk is a technology platform only and is not a party to any transaction between users and businesses.

5. User Conduct

You agree NOT to:

Engage in fraud, misrepresentation, or deception in connection with the Platform
Spoof, manipulate, or falsify your GPS location to fraudulently access or redeem perks
Use bots, scrapers, automated tools, or any technology to access the Platform without authorization
Create multiple accounts to circumvent redemption limits or abuse promotions
Resell, transfer, or commercially exploit perks without authorization from the business
Interfere with or disrupt the Platform's operation or servers
Violate any applicable laws or regulations
Post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable content

6. Intellectual Property

Ownership: Perk owns all right, title, and interest in and to the Platform, including all software, technology, trademarks, logos, and content (excluding user-generated content and business partner content).

Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.

User Content License: By posting reviews, ratings, photos, or other content on the Platform, you grant Perk a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, distribute, and display such content in connection with the Platform and our business operations.

DMCA Compliance: If you believe content on the Platform infringes your copyright, please send a DMCA takedown notice to legal@perkapp.co.

7. Privacy and Data

Your use of the Platform is subject to our Privacy Policy, which describes how we collect, use, and protect your information.

8. Third-Party Services

The Platform may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their own terms and conditions.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do NOT guarantee:

The accuracy, completeness, or reliability of any deal, business information, or content
That businesses will honor their posted deals or promotions
Uninterrupted, secure, or error-free access to the Platform
The quality, safety, legality, or availability of any products or services obtained through business partners
That perks will be available at all times or that inventory/redemption limits will not apply

10. Alcohol Policy

Some business partners on the Platform may offer perks, promotions, or deals related to alcoholic beverages. By using the Platform, you acknowledge and agree to the following:

Age Requirement: You must be at least 21 years of age to view, save, or redeem any alcohol-related perk. By accessing alcohol-related content, you represent and warrant that you are at least 21 years old.
Business Responsibility: All alcoholic beverages are sold, served, and provided exclusively by independent business partners. Each business is solely responsible for verifying your age and complying with all applicable liquor laws and regulations.
No Liability: Perk does not sell, serve, or deliver alcohol. Perk is not responsible for any injury, damage, or loss arising from the consumption of alcoholic beverages obtained through a business partner promotion.

PERK INFRASTRUCTURE LLC SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LIABILITIES ARISING FROM THE SALE, SERVICE, OR CONSUMPTION OF ALCOHOLIC BEVERAGES AT ANY BUSINESS PARTNER LOCATION.

For complete details, see our Alcohol Policy.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PERK INFRASTRUCTURE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL ARISING FROM YOUR USE OF THE PLATFORM OR ANY TRANSACTIONS WITH BUSINESS PARTNERS.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT OF FEES YOU PAID TO PERK IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Perk Infrastructure LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from: (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of any rights of another party, or (d) any fraudulent, illegal, or abusive conduct.

13. Dispute Resolution

Informal Resolution (Mandatory First Step): Before initiating any formal dispute resolution, you agree to first contact us at legal@perkapp.co and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If informal resolution fails, any dispute arising from or relating to these Terms or the Platform shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Delaware.

CLASS ACTION WAIVER: YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Either party may seek preliminary injunctive relief in a court of competent jurisdiction if necessary to prevent irreparable harm pending arbitration.

14. Governing Law

These Terms and any disputes arising from or relating to the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on the Platform and/or sending you an in-app notification. Your continued use of the Platform after the effective date of the updated Terms constitutes acceptance of the changes.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Perk regarding the Platform.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17. App Store Terms

If you download or use the Perk mobile application through the Apple App Store, you acknowledge and agree that:

These Terms are between you and Perk Infrastructure LLC only, and not with Apple Inc. Apple has no obligation to furnish any maintenance or support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
Apple is not responsible for addressing any claims relating to the App or your possession and use of the App, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights.
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

18. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, please contact us at:

Email: legal@perkapp.co
Legal Entity: Perk Infrastructure LLC
Jurisdiction: Delaware, United States