Terms of Service

1. Description of Service

PerchHQ is an AI-powered outreach platform designed to help content creators connect with brands for partnerships. Our services include:

• Brand contact databases
• AI-generated pitch emails
• Pipeline management tools

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use PerchHQ. By using the App, you represent and warrant that you meet these requirements.

3. Account Registration

To use certain features of the App, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions and Payments

PerchHQ offers both free and paid subscription tiers. Paid subscriptions are processed through Apple's App Store.

• Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period
• Cancellation takes effect at the end of the current billing period
• No refunds are provided for partial subscription periods
• Refund requests are handled by Apple in accordance with their App Store policies

5. User Conduct

You agree not to:

• Use the App for any unlawful purpose
• Send spam or unsolicited communications through the platform
• Misrepresent your identity or credentials
• Attempt to gain unauthorized access to any portion of the App
• Reverse engineer or attempt to extract the source code
• Scrape or harvest contact data for use outside the App
• Share your account credentials with others

You are accountable for all communications sent through the platform.

6. AI-Generated Content

PerchHQ uses artificial intelligence to generate pitch suggestions and other content. You acknowledge that:

• AI-generated content is provided as a starting point and suggestion only
• You are responsible for reviewing and editing all content before sending
• We do not guarantee any specific results from using AI-generated pitches
• The quality and appropriateness of AI-generated content may vary

7. Intellectual Property

The App and its original content, features, and functionality are owned by WhatMatters and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of any content you create using the App.

8. Disclaimer of Warranties

The App 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 warrant that:

• The App will be uninterrupted or error-free
• Defects will be corrected
• The App is free of viruses or other harmful components
• The results from using the App will meet your expectations

9. Limitation of Liability

To the maximum extent permitted by law, WhatMatters shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total liability for any claims under these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless WhatMatters and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the App or violation of these Terms.

11. Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the App shall be resolved through binding arbitration in Austin, Texas. You agree to waive any right to participate in class action lawsuits or class-wide arbitration.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on the App and updating the effective date. Your continued use of the App after such changes constitutes acceptance of the new Terms.

13. Termination

We may terminate or suspend your account and access to the App immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.

14. Contact Information

If you have any questions about these Terms, please contact us at randy@whatmatters.so.