Updated on November 3, 2021
1. Acceptance of the Terms and Conditions
1.1. Cyberlabs Products and Technological Services S.A. and its affiliates (hereinafter referred to as the “Company”, “we”, “we” or “our”), provides and makes available this website (located at https://www.getperse.com) (together with its subdomains, Content and trademarks, the “Site”), the use of which is subject to these terms and conditions of use (“Terms”). Please read these Terms carefully. By accessing, browsing, or using the Site, you acknowledge that you have read, understood and agreed to these Terms. If you do not accept these Terms, you must not access, browse, or use the Site.
1.2. You understand and agree that we may change these Terms at any time without notice. You may read an updated copy of these Terms at any time on the Site. The revised Terms will become effective at the time of posting. Access to and use of the Site after that date will constitute your acceptance of the revised terms and conditions. If we make any material changes to these Terms, we will update you in accordance with applicable legal requirements. If any changes to these Terms are not acceptable, you must stop accessing, browsing and/or using the Site.
2. Use of the Site
2.1 The content of this Site, including, but not limited to, text, graphics, images, software information, including that posted or provided by third parties (“Content”), is protected by national and international intellectual property laws and treaties. Unauthorized use of the Content may result in infringement of copyrights, trademarks, and other laws. Rights to the Content are exclusive, and therefore you will not use, copy, or display the Content except as permitted in these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense or modify the Content, or reproduce, display, publicly perform, make a derivative version of, distribute or use the Content in any way for any public or commercial purpose. The use or publication of any Content on any other site or in a networked computer environment for any purpose is expressly prohibited.
2.2 The trademarks used and displayed on this Site are registered and unregistered trademarks or service marks of the Company. Other names, products and services located on the Site may be trademarks or service marks of third parties. Nothing on this Site or these Terms shall be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Site without the prior written consent of the Company or third-party trademark owner, and as applicable, specifically for each use, unless otherwise permitted. Trademarks may not be used to disparage the Company or third parties, the products or services of the Company or third parties, or in any way (using a commercially reasonable judgment) that may damage the image of the trademarks. Use of any trademarks as part of a link to or from any website is prohibited without the prior written consent of the Company. All goodwill generated from the use of any brand of the Company will inure solely to the beneficiary of the Company.
2.3 License and Prohibited Conduct. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Site only for your own internal, personal, or non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Site. We may revoke this license at any time, in our sole discretion, including due to violation of these Terms. Upon any such revocation, your right to access/and or use the Content and the Site will automatically terminate, and you must promptly destroy all materials downloaded or otherwise obtained from the Services, including any Content, as well as all copies of such materials, whether made in accordance with these Terms or otherwise.
As part of this license, in using the Site, you agree not to:
(a) take any action that imposes an excessive load on the infrastructure of the Site,
(b) use any device, software or routine to interfere with or attempt to interfere with the proper functioning of the Site or any activity being conducted on the Site, including by posting or transmitting material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment (including without limitation any time bomb, virus, malware, software lock, worm, self-destruction, drop-device, malicious logic, Trojan horse, trap door, “disabling,” “lock out,” “metering” device or any malicious code);
(c) attempt to decipher, decompile, disassemble, scrape, monitor, index, or reverse engineer any of the software that makes up the Site,
(d) delete or alter any material posted on the Site by the Company or any other person or entity,
(e) frame or link to any of the materials or information available on the Site,
(f) post any Content that: (1) harasses, abuses, or threatens any other person, or that contains obscene content; (2) is false, misleading, or inaccurate; (3) degrades or discriminates against others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or any other classification; (4) is indecent, offensive, harassing, violent, hateful, inflammatory, unlawful, harmful, tortious, defamatory, libelous, or invasive of another’s privacy; (5) promotes sexually explicit or pornographic material, violence, or any illegal acts; (6) infringes the legal rights of any person or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms; or (7) gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case;
(g) use the Site for benchmarking, or to compile information for a product or service;
(h) breach the restrictions in any robot exclusion headers of the Site, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site; or
(i) interfere with any other party’s use and enjoyment of the Site.
2.4 The Site may contain links to third-party websites (“External Sites”). These links are provided only as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of the External Sites is developed and provided by others. You should contact the site administrator or webmaster for these External Sites if you have any concerns about these links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and make no representations about the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You should also review the applicable terms and privacy policies of such sites.
2.5 Certain elements of the Site are protected by laws relating to intellectual and competitive property and other state and federal laws and may not be copied or imitated in whole or in part by any means, except as expressly permitted by Section 2.1 of these Terms. No content on this Site may be retransmitted without the express written consent of the Company in each instance.
3. Limitation of Liability and Warranty Disclaimer
3.1 The Company, its affiliates, their respective directors, directors, employees, agents, suppliers, or licensors (“Company Parties”) make no warranties or representations about the Content, including but not limited to its accuracy, reliability, completeness, timeliness or reliability. The Company Parties shall not be subject to liability for the truth, accuracy or completeness of the Content or any other information transmitted to you, or for any errors, omissions, delays or interruptions in the data or flow of information on the Site for any reason. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK.
The Company Parties do not warrant that the Site will operate error-free, or that the Site or its Content are free from computer viruses or similar malicious or destructive material. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR YOU TO REPAIR OR REPLACE EQUIPMENT OR DATA, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR SUCH COSTS. The Site and the Content are provided “as is” without any warranty, representation, condition, or guarantee of any kind, either expressed, legal or implied, including but not limited to any implied warranties, representations, conditions, or guarantees of quality, merchantability, fitness for a particular purpose, title or non-infringement, all of which are disclaimed.
3.2 To the fullest extent permitted by law, in no event shall the Company Parties be liable to you or any other person for any damages, whether direct, indirect, special, incidental, consequential, punitive or otherwise (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the Site, any Content, information, or recommendations appearing on the Site, whether or not the Company has been advised of the possibility of such damages and whether based on upon warranty, contract, tort (including negligence), civil liability, strict liability, violation of statute, or otherwise. In any event, our aggregate liability will not exceed the amount paid by you for access to the Site in last twelve (12) months, or $100, whichever is more.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages as provided for in this Section. Accordingly, some of the limitations herein may not apply to you. If you are a New Jersey resident, or a resident of another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.
You agree to defend, indemnify, and disclaim the Company Parties against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees arising out of or arising out of your violation of these Terms or your access to, use or misuse of the Content or Site. The Company shall provide reasonable notice to you of any claim, process, or procedure. The Company reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In this case, you agree to cooperate with any reasonable requests that help the Company’s defense of such matter.
5. Termination of Terms
5.1 The Company reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms and your access to all or any portion of the Site or Content at any time and for any reason, without notice or liability, as well as to alter, suspend or discontinue all or any portion of the Site or Content at any time without notice or liability.
6. The User Must Comply with Applicable Laws
6.1 You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, relating to your access to and use of the Site and Content.
6.2 You expressly agree to comply with such restrictions and not to export or re-export any Content to countries or persons prohibited by the export control laws of the United States and your country. By downloading the Content, you expressly agree that you are not in a country where such export is prohibited or that you are a person or entity to which such export is specifically prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction in relation to the import, export, or re-export of the Content.
7. U.S. Government Restricted Rights
The Content is provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR § 52.227-19 and 48 CFR § 252.227-7013 or its successor. Use of the Site or Content by the U.S. government constitutes recognition of our rights to own the Site and Content.
8.1. If any provision of these Terms is held invalid by any court that has competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. The Company’s failure to act or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against the Company unless it is made in writing, and no waiver will be construed as applying to any subsequent issue.
8.2. Except as expressly agreed by the Company and you, these Terms constitute the entire agreement between you and the Company in relation to the Site, and exceed all prior or contemporaries, written or oral agreements between the parties.
8.3. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by the Company without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns.
8.4 Force Majeure. Under no circumstances shall the Company Parties be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
8.5 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
8.6. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms.
8.7. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical form.