Latest update: 15 December 2023
1.1 "Services" refers to the products, software, tools, and other services provided by Perfection.DEV, including but not limited to scripts, APIs, output from APIs, content, component, section and layout design, navigation/overview, deep links, collaboration tools and other tools and services delivered as part of Perfection.DEV's products.
1.2 "User" or "You" refers to the individual or entity that accesses or uses the Services, whether as a guest or a registered user.
1.3 "Content" refers to all information, data, text, graphics, images, or other materials generated, provided, or made available through the Services by Perfection.DEV or Users.
1.4 "Subscription" refers to the paid plan or package that grants the User access to specific features and functionalities of the Services.
1.5 "Terms" refers to these Terms of Service, including any additional terms, policies, or guidelines incorporated by reference herein.
1.6 "Perfection.DEV", "We", "Us", or "Our" refers to Perfection.DEV, the company providing the Services.
1.7 "Website" refers to the website operated by Perfection.DEV, including all subdomains and related domains.
1.8 Interpretation: In these Terms, unless the context requires otherwise, the singular includes the plural and vice versa; references to sections or clauses are references to sections or clauses of these Terms; and references to a party include that party's successors and permitted assigns.
1.9 The heads and subheadings in this Agreement are for convenience only and shall not affect the interpretation of the provisions under them.
2.1 Acceptance: By accessing or using the Services, including browsing the Website, you agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to these Terms, you must not access or use the Services.
2.2 Updates and Changes: Perfection.DEV reserves the right to update, modify, or replace these Terms at any time at its sole discretion. Any such changes will be effective immediately upon posting on the Website or otherwise making them available to you. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page regularly to take notice of any changes, as they are binding on you.
2.3 Additional Agreements: Certain features or functionalities of the Services may be subject to additional agreements, guidelines, or rules, which will be posted or provided at the relevant time. You must comply with such additional agreements in addition to these Terms. In the event of a conflict between these Terms and any additional agreements, the additional agreements will control with respect to the specific features or functionalities.
2.4 Eligibility: You represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are accessing or using the Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2.5 Restrictions: The Services are intended solely for Users who are not prohibited by applicable law from accessing or using the Services. By accessing or using the Services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Services.
3.1 Registration: To access certain features or functionalities of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security: You are responsible for maintaining the confidentiality of your account password and for any activities that occur under your account. It is of utmost importance that you follow these security guidelines:
3.3 Account Restrictions: You may not use another User's account without permission. Perfection.DEV reserves the right to suspend or terminate your account and refuse any and all current or future use of the Services if it suspects unauthorized or improper use.
3.4 Compliance with Usage Guidelines: You must use the Services in accordance with Perfection.DEV's acceptable use policies, guidelines, and any applicable laws and regulations. Any misuse or abuse of the Services may result in termination or suspension of your access to the Services.
3.5 Restrictions: You shall not: (a) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Services; (b) use the Services for any purpose that is illegal or prohibited by this Agreement; (c) exploit any part of the Services for commercial purposes without Perfection.DEV's express consent; (d) use the Services in a manner that could damage, disable, overburden, or impair Perfection.DEV's servers or networks.
3.6 Third-Party Services: If you choose to access or use third-party services, including through the Services, you do so at your own risk and subject to the terms and conditions of such third-party services.
3.6 Third-Party Services: If you choose to access or use third-party services, including through the Services, you do so at your own risk and subject to the terms and conditions of such third-party services. It is essential to understand the following:
3.7 Account Termination: You may terminate your account at any time by contacting Perfection.DEV's support team. Upon termination, you may lose access to certain features or functionalities of the Services, and Perfection.DEV shall have no liability for such loss.
If you terminate your account before the expiration of your annual subscription period, please note the following:
4.1 Ownership: All intellectual property rights in and to the Services, including but not limited to scripts, APIs, output from APIs, content and layout design tools, navigation/overview, deep links, collaboration tools, and other tools and services delivered as part of Perfection.DEV's products, are owned by Perfection.DEV or its licensors. Except as expressly provided herein, no license or right, express or implied, is granted to any person under any intellectual property right.
4.2 Restrictions: You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third-party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners.
4.3 User-Generated Content: You retain all rights in, and are solely responsible for, the Content you create, modify, or upload using the Services. By using the Services, you grant Perfection.DEV a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content solely for the purposes of operating, developing, providing, and using the Services.
4.4 Feedback: If you provide Perfection.DEV with any feedback or suggestions regarding the Services, you hereby assign to Perfection.DEV all rights in the feedback or suggestions and agree that Perfection.DEV shall have the right to use such feedback or suggestions in any manner it deems appropriate without any obligation to you.
4.5 Infringement: If you believe that any Content or other material available through the Services infringes upon any copyright or other intellectual property right you own or control, you may file a notification of such infringement with Perfection.DEV's designated agent as set forth in the applicable copyright laws.
5.1 Definition: "Confidential Information" refers to all information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, business plans, strategies, customer lists, pricing, technology, and information pertaining to business operations and proprietary information.
5.2 Obligations: Both parties agree to hold each other's Confidential Information in strict confidence and not to disclose such information to any third parties or use such information for any purpose other than as required to perform under these Terms. The receiving party shall take all reasonable precautions to prevent any unauthorized disclosure of the disclosing party's Confidential Information, including, without limitation, disclosing Confidential Information only to its employees, contractors, and agents who need to know such information and who are bound by obligations of confidentiality.
5.3 Exceptions: Confidential Information does not include information that: (a) is or becomes generally known to the public without breach of any obligation owed to the disclosing party; (b) was known to the receiving party prior to its disclosure by the disclosing party without breach of any obligation owed to the disclosing party; (c) is received from a third party without breach of any obligation owed to the disclosing party; or (d) was independently developed by the receiving party without reference to or use of the disclosing party's Confidential Information.
5.4 Return or Destruction: Upon termination of these Terms or upon the disclosing party's request, the receiving party shall promptly return or, at the disclosing party's request, destroy all copies of the disclosing party's Confidential Information in its possession or control within 30 days from the effective date of termination. The receiving party shall provide written certification of compliance with this obligation upon request.
5.5 Survival: The obligations of confidentiality set forth in this section shall survive the termination or expiration of these Terms for a period of five (5) years.
6.1 Commitment to Privacy: Perfection.DEV is committed to protecting the privacy and security of User data. All personal data provided to or collected by Perfection.DEV through the Services is processed in accordance with applicable data protection laws and regulations.
6.2 Privacy Policy: All personal information that you provide to us or that we collect through the Services is governed by our Privacy Policy. By using the Services, you consent to the collection, use, disclosure, and other processing of your personal information as described in the Privacy Policy.
6.3 Data Security: Perfection.DEV implements and maintains reasonable and appropriate technical and organizational security measures designed to protect User data against unauthorized access, disclosure, alteration, or destruction.
6.3 Data Security: Perfection.DEV implements and maintains reasonable and appropriate technical and organizational security measures designed to protect User data against unauthorized access, disclosure, alteration, or destruction. While we take these measures to safeguard User data, it is essential for Users to also play a role in data security. Please refer to Section 6.4 for User responsibilities in maintaining data security.
6.4 User Responsibilities:
6.5 Data Breaches:
6.6 Data Retention: Perfection.DEV retains User data for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. After such time, User data will be either deleted or anonymized.
7.1 No Warranties: The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Perfection.DEV makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
7.2 No Liability for Content: Perfection.DEV does not warrant, endorse, guarantee, or assume responsibility for any content, information, or materials provided by Users or third parties through the Services. You acknowledge and agree that Perfection.DEV is not responsible or liable for any errors, inaccuracies, or omissions in such content.
7.3 No Liability for Third-Party Services: Perfection.DEV is not responsible for the availability or content of third-party services that may be accessed or used in connection with the Services. Your use of such third-party services is at your own risk and subject to the terms and conditions of such third parties.
7.4 Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such jurisdictions, Perfection.DEV's liability shall be limited to the greatest extent permitted by law.
7.5 User Responsibilities: You are solely responsible for your use of the Services, including compliance with applicable laws, rules, and regulations, and for any content you create, upload, or share through the Services.
8.1 Indemnity Obligation: You agree to indemnify, defend, and hold harmless Perfection.DEV, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or related to: (a) your use of the Services; (b) any violation of these Terms; (c) any content or information you provide, create, upload, or share through the Services; (d) your violation of any rights of another, including but not limited to intellectual property rights; or (e) any unauthorized or improper use of the Services.
8.2 Cooperation: You agree to cooperate with Perfection.DEV in the defense of any claim and to allow Perfection.DEV to assume the exclusive control, at your expense, of the defense and settlement of any matter subject to indemnification by you.
8.3 Limitation: Perfection.DEV's indemnification rights under this Section 8 are in addition to any other rights or remedies it may have under these Terms or applicable law.
9.1 No Consequential Damages: To the fullest extent permitted by applicable law, Perfection.DEV, its affiliates, officers, directors, employees, agents, licensors, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or related to your use or inability to use the Services, regardless of whether such damages are based on contract, tort, warranty, statute, or otherwise.
9.2 Cap on Liability: Perfection.DEV's total liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the amount paid by you for the Services during the twelve (12) months immediately preceding the event giving rise to the claim.
9.3 Exceptions: The limitations set forth in this Section 9 shall not apply to liability resulting from Perfection.DEV's gross negligence or willful misconduct.
9.4 Basis of the Bargain: The limitations of liability set forth in this Section 9 reflect an informed, voluntary allocation of the risks between the parties and form an essential basis of the bargain between you and Perfection.DEV.
9.5 Jurisdictional Limitations: Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, Perfection.DEV's liability shall be limited to the fullest extent permitted by applicable law.
10.1 Term: These Terms commence on the date you first accept them or use the Services and continue until terminated by you or Perfection.DEV as described below.
10.2 Termination for Convenience: You may terminate these Terms at any time by discontinuing your use of the Services and closing your account. Perfection.DEV may terminate these Terms at any time without cause, upon reasonable notice to you.
10.3 Termination for Cause: Perfection.DEV may terminate these Terms immediately, without notice, if you breach any of the terms or conditions of these Terms.
10.4 Effect of Termination: Upon termination of these Terms for any reason:
10.5 Survival: Sections 4 (Intellectual Property Rights), 5 (Confidentiality), 7 (Warranties and Disclaimers), 8 (Indemnification), 9 (Limitation of Liability), and 14 (Miscellaneous Provisions) shall survive any termination or expiration of these Terms.
11.1 General: The Services may contain links to or integrations with third-party websites, products, services, or other technologies (collectively, "Third-Party Services"). These Third-Party Services are not under Perfection.DEV's control, and Perfection.DEV is not responsible for their content, functionality, legality, or any other aspect.
11.2 No Endorsement: The inclusion of any link or integration does not imply endorsement by Perfection.DEV of the Third-Party Services. You acknowledge that Perfection.DEV makes no representation or warranty about the safety, quality, accuracy, or suitability of the content or services provided by Third-Party Services.
11.3 Your Responsibility: You are responsible for your interactions and transactions with Third-Party Services that are not integral to the core functionality of our platform. This includes compliance with any applicable terms, conditions, policies, or requirements of such Third-Party Services. While we strive to ensure the seamless operation of our services, please note that certain third-party services, such as email confirmation services, are essential to the functioning of our platform. As such, your use of these integral third-party services is an inherent part of your use of our platform, and any issues or concerns related to them should be directed to us for resolution.
11.4 Data Sharing with Third-Party Services: If you choose to enable integrations with Third-Party Services, you may be allowing those services to access your data and information within the Services. You are solely responsible for understanding and agreeing to the terms and privacy policies of the Third-Party Services regarding how they collect, use, and share your data.
11.5 Disputes with Third-Party Services: Any dispute you have with a Third-Party Service is directly between you and that third party, and Perfection.DEV is not obligated to become involved. You release Perfection.DEV from all claims, demands, and damages arising out of disputes with Third-Party Services.
12.1 Right to Modify Terms: Perfection.DEV reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, Perfection.DEV will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Perfection.DEV's sole discretion.
12.2 Notification of Changes: Perfection.DEV may notify you of changes to these Terms by posting them on the Website or through other reasonable means of communication. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes.
12.3 Changes to Services: Perfection.DEV reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, with or without notice, at any time. Perfection.DEV shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
12.4 Your Acceptance: By continuing to access or use the Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Services.
13.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law principles.
13.2 Jurisdiction: You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts located in Copenhagen, Denmark. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
13.3 Alternative Dispute Resolution: If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting Perfection.DEV. If a dispute is not resolved within 60 days of submission, either party may bring a formal proceeding.
13.4 Waiver of Jury Trial: You and Perfection.DEV agree to waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Instead, you and Perfection.DEV elect to have claims and disputes resolved by arbitration.
13.5 Class Action Waiver: You and Perfection.DEV agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
14.1 Severability: If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14.2 Waiver: No waiver by Perfection.DEV of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Perfection.DEV to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14.3 Entire Agreement: These Terms, together with any additional agreements or terms incorporated by reference, constitute the entire agreement between you and Perfection.DEV with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
14.4 Notices: All notices, requests, consents, claims, demands, waivers, and other communications under these Terms must be in writing and addressed to Perfection.DEV at the address set forth on the Website or at such other address that may be designated by Perfection.DEV in writing. Any notices sent by email shall be deemed received on the date of transmission.
14.5 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Perfection.DEV's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Perfection.DEV may freely assign or transfer these Terms without restriction.
14.6 Force Majeure: Perfection.DEV shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, 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.
14.7 Contact Information:
If you have any questions about these Terms or the Services, please contact Perfection.DEV at [email protected].