1. Acceptance
These Terms of Use ("Terms") govern your access to and use of performicy.com and related public web pages operated by Performicy Technologies Inc. ("Performicy," "we," "us," or "our"). By using this website, you agree to these Terms. If you do not agree, do not use the website.
Client projects and paid services are governed by the applicable proposal, statement of work, service agreement, or other written contract. If that contract conflicts with these Terms, the contract controls for those services.
2. Website information
This website provides general information about Performicy and our services. Website content is not a binding offer, professional advice, or a guarantee of any particular result. A business relationship is created only when Performicy and the client enter into an applicable written agreement.
3. Permitted use
You may use this website for lawful informational and business purposes. You must not:
- use the website in a way that violates applicable law or another person's rights;
- attempt to gain unauthorized access to accounts, systems, data, or infrastructure;
- introduce malware or interfere with the website's security, availability, or operation;
- scrape, crawl, or use automated means in a manner that imposes an unreasonable load;
- misrepresent your identity or submit information you are not authorized to provide; or
- copy, modify, or exploit website content except as permitted by law or with our written permission.
4. Intellectual property
The website and its original content, branding, graphics, design, software, and other materials are owned by Performicy or our licensors and are protected by intellectual property laws. Performicy and associated names and logos may not be used without our prior written permission.
Client names, logos, screenshots, and other third-party materials displayed in portfolio or case-study content remain the property of their respective owners and are used with permission or as otherwise permitted by law.
5. Submissions and feedback
You are responsible for information you submit through the website and represent that you have the right to provide it. Do not send confidential information until appropriate confidentiality arrangements are in place.
If you submit feedback, you permit us to use it to evaluate and improve our services. We will publish your name, company, comments, or testimonial only where you give permission or we otherwise have a lawful basis to do so.
6. Third-party services and links
The website may link to or use third-party websites, platforms, and services. Their terms and privacy practices apply to their services. We do not control and are not responsible for third-party content, availability, security, or practices. A link does not necessarily mean we endorse the third party.
7. Privacy
Our Privacy Policy explains how we handle personal information and forms part of these Terms.
8. Disclaimer
To the maximum extent permitted by law, the website is provided "as is" and "as available." Performicy disclaims all representations, warranties, and conditions, express, implied, statutory, or collateral, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and security. We do not warrant that the website will be uninterrupted or error free.
Nothing in these Terms excludes a warranty, condition, right, or remedy that cannot lawfully be excluded.
9. Limitation of liability
To the maximum extent permitted by law, Performicy and its directors, officers, employees, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity, arising from or related to use of or inability to use this website.
To the maximum extent permitted by law, our aggregate liability arising from or related to the public website will not exceed CAD $100. This limitation does not apply where liability cannot lawfully be limited.
10. Indemnity
To the extent permitted by law, you agree to indemnify and hold Performicy harmless from third-party claims, losses, and reasonable costs arising from your unlawful use of the website, your violation of these Terms, or your infringement of another person's rights.
11. Availability and changes
We may modify, suspend, or discontinue any part of the website and may update these Terms from time to time. Updated Terms take effect when posted, unless a later date is stated. Your continued use after an update means you accept the revised Terms.
12. Governing law
These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Subject to any rights you may have under mandatory law, the courts located in Ontario have exclusive jurisdiction over disputes concerning these Terms or the website.
13. General
If a provision is found unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy, are the entire agreement regarding use of the public website.
14. Contact us
Performicy Technologies Inc.
Ontario, Canada
contact@performicy.com