end user license agreement
Last Updated: 15 January, 2023
This EULA is a legal agreement between you as an individual and Perpetual Insights LLC, of 22 Thorndal Circle, Darien, CT 06820, USA (“Company
” or “we
”) when you access our web-based platform at https://t3-diagnostic.bepepertual.com (the “Platform
”) and use the services provided through our platform which include accessing content and information available on our Platform (“Content
”) (together the “Services
BY ACCESSING AND/OR USING OUR PLATFORM OR SERVICES OR OTHERWISE COMMUNICATING YOUR ACCEPTANCE, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. PLEASE DO NOT PROCEED FURTHER IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
We reserve the right to change the terms of this EULA from time to time.
You will be assumed to have obtained permission from the owner of any device that is controlled but not owned by you to access our Platform or download any Content to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, our Platform and Content by you on any device, whether or not it is owned by you.
You represent and warrant that you (a) are at least 18 years of age, and (b) have not been previously suspended or removed from using the Platform.
To access certain areas and features within the Services, you must create an account. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and by restricting access to your account and your computer; (d) promptly notify the Company if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Access to Services
On the condition that you comply with this EULA, the Company hereby grants you a non-exclusive, non-transferable, revocable license to access the Services (including any Content therein) solely for the purpose of enabling you to use the Services in the manner permitted by these Terms. If the Company, in its sole discretion, elects to provide any upgrade that replaces or supplements the original Services, this license will govern any such upgrade unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Modification of the Services
The Company may review, improve, change, or discontinue (temporarily or permanently) the Services or any features, information, materials, or content on the Services at any time, with or without notice to you. If you no longer wish to use the Services following any such modifications, you may terminate these Terms.
The Services require the use of certain third party products and services (“Third Party Services”). Use of any Third Party Services is at your sole risk and will be governed by separate terms and conditions, separate privacy policies relating to the usage of data you may share through the Third Party Services in the course of using the Services, other applicable policies, and may include separate fees and charges.
The Company may display content from third parties through the Services or may provide information about or links to Third Party Services. Your interactions with any such third parties, and any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third parties. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such interactions or as the result of the presence of such third-party information made available through the Services.
fees and Payment Term
The use of some Services may be subject to fees as agreed between the Company and yourself or a Third Party.
acceptable & Restriction of service use
You are solely responsible for your conduct (and the conduct of anyone who uses the Services on your behalf) with respect to the Services, which you use at your own risk. Except as expressly permitted in writing by the Company, you will not do, and will not permit any third party to do, any of the following:
ownership and Reservation of rights
- rent, lease, lend, sell, sublicense, or create derivative works of the Services;
- distribute the Services or make the Services available over a network where it could be used by multiple devices at the same time;
- modify, disclose, decompile, reverse engineer, disassemble, attempt to derive the source code, underlying ideas, or algorithms of the Services or any part of the Services, except to the extent required by applicable law;
- remove, alter, or obscure any copyright, trademark, or other proprietary rights notice or labels on or in the Services;
- use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit the Company’s other users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services;
- use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any activity that violates these Terms;
- attempt to gain unauthorized access to the Services or their related systems or networks;
- use the Services to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the rights of the Company or any third party;
- impersonate or use the Services by misrepresenting your affiliation with a person or entity;
- build a competitive product or service, or copy any features or functions of the Services;
- disclose to any third party any performance information or analysis relating to the Services; or
- cause or permit any third party to do any of the foregoing. If you violate (or are alleged to have violated) any of the foregoing restrictions, your license to use the Services will immediately and automatically terminate, and you may have infringed the rights of the Company, which may subject you to prosecution and damages.
The Company reserves all rights not expressly granted in these Terms. Except for the license expressly stated in these Terms, you are not granted any rights in or to the Services by implication or estoppel, and all rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by the Company.
The Company reserves all right, title, and interest to and in all information, materials, and content (including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content) (collectively “Content”). The Content includes any information, videos, or images delivered by the Company via a Third Party Service in the course of providing the Services.
The Content is confidential, and you may not disclose the Content that you have received in the course of the Services or otherwise outside your own organization. The Content is protected in all forms, media, and technologies now known or later developed.
The Company name, trademarks, logos, and any other Company product, service name, or slogan included in the Services are property of the Company and may not be copied, imitated, or used (in whole or in part) without the Company’s prior written consent. The look and feel of the Services, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of the Company and may not be copied, imitated, or used (in whole or in part) without the Company’s prior written consent.
All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Services (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third Party Trademarks is solely for the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by the Company and its licensors with such company or an endorsement or approval by such company of the Company or its licensors or their respective products or services.
You agree not to submit any feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray us or the Services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use any company marks or other proprietary graphic of the Company to link to the services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the content of any text or the layout/design of any page or form on the Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary rights of the Company or any third party.
suspension and termination
The Company may suspend your license or subscription to access or use the Services or terminate these Terms at any time, with or without cause, immediately upon notice to you. You may terminate these Terms by cancelling your account through the Services. The Company reserves the right but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination, including by creation of a different account. The Company may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the Services is suspended.
Your use of the services is at your sole discretion. The services are provided on an “as is” and “as available” basis. The Company disclaims any warranties and representations (express or implied, oral or written) with respect to these terms, the services, the Content, and third-party trademarks, whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any warranties of merchantability, fitness for any purpose, non-infringement and condition of title.
To the fullest extent permitted by applicable law, the company does not warrant, and disclaims all liability for a) the completeness, accuracy, availability, timeliness, security or reliability of the service or any Content; b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the service or any Content; c) the deletion of, or the failure to store or to transmit, any communications maintained by the service; d) whether the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and, e) the content and nature of any information or advice you receive from coaches via the services.
You acknowledge that you are solely responsible for your use of any information or advice received in the course of using the services from the Company and/or its representatives. No advice or information, whether oral or written, obtained from the Company or through the service will create any warranty not expressly made in these terms.
You acknowledge that you are solely responsible for the security of the device(s) with which you access the system. Any intrusion resulting from a phishing attack, breaching of your password, and any other security risks promulgated via the device or method that you use to access the platform is not the responsibility of the platform provider or other users of the platform, who are not liable for any damage or loss suffered by you.
At your sole expense, you will defend, indemnify and hold the Company and its Representatives to not be liable in the case of any and all actual or threatened suits, actions, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of or resulting from (a) your use of the Services or the use of the Services by a third party accessing your account, including any infringement of rights of third parties, (b) any harm to your computer system, loss of data, or other harm that results from changes to the Services such as enhancements or upgrades to the Services, or (c) your breach of these Terms.
limitation of liability
In no event will the Company or its representatives be liable to you for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever arising out of or relating to these terms or the Company intellectual property, however caused, regardless of the theory of liability - contract, warranty, tort (including negligence, whether active, passive or imputed, or emotional distress), product liability, strict liability or other theory - even if the company has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
Further, in no event will the Company or its representatives total liability arising out of or related to these terms exceed the greater of US$1000 or the amount you paid to the Company during the subscription period (whichever total is lower) within which the damages arose.
Please read the following provisions carefully because they require you and Perpetual Insights LLC to arbitrate disputes and limit the manner in which both parties can seek relief.
You and the Company will arbitrate any dispute, claim, or controversy arising from or related to these Terms or the Services, except that you nor the Company is required to arbitrate any dispute in which either party seeks equitable and/or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade names, or patents.
Arbitration prevents you and the Company from suing in court or from having a jury trial. Arbitration will be conducted confidentially by the American Arbitration Association in the State of Connecticut pursuant to the Commercial Arbitration Rules thereof, by a single arbitrator. Except as expressly provided in these Terms, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court. The arbitrator will render a written opinion including findings of fact and law, and the award and determination of the arbitrator will bind the parties and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The parties will equally share the expenses of the arbitration unless the arbitrator determines apportion fees and expenses differently.
To the fullest extent permitted by applicable law, whether the dispute is heard in arbitration or in court, no arbitration or claim under these terms will be joined to any other arbitration or claim, (except counterclaims arising out of the same transaction) including any arbitration or claim involving any other current or former user of the Services, and neither you nor Perpetual Insights LLC will commence against the other a class action, class arbitration or other representative action or proceeding.
Governing Law and Dispute Resolution
These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, United States of America. The courts located in Connecticut, will have exclusive jurisdiction over any suit in connection with the Services or these Terms that is not subject to arbitration, and you and the Company hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. These Terms and your access to or use of the Services will be governed by, construed in accordance with, and enforced under the laws of Connecticut without resort to its conflict of law provisions.
You may not assign, delegate or transfer these Terms or any right, title, interest or obligation hereunder without the prior written consent of the Company. Any attempted or purported assignment, delegation or transfer in violation of the foregoing will be null and void and without effect. The Company may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees and other successors in interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.
You agree to receive electronically all current and future notices, disclosures, communications and information and that the aforementioned electronic communications satisfy any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received on the day of receipt as evidenced by such email.
The Company will not be liable for any loss or damage arising from any event beyond its reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
Headings of sections are for convenience only and will not be used to limit or construe such sections.
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law or public policy, that provision shall be deemed severed and all other provisions of these Terms will remain in full force and effect. Upon such determination that any provision is invalid, illegal or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Notwithstanding any terms to the contrary in these Terms, the following sections will survive any termination of these Terms:
- Acceptable and Restriction of Service use
- Ownership and Reservation of Rights
- Suspension and termination
Perpetual Insights LLC makes It a priority to protect any information it collects from you. To learn more click here for US
and here for EU
With enquiries regarding this EULA and associated terms and conditions, please contact us:
Subject: t3 Diagnostic terms
Attention: Compliance Office
Perpetual Insights LLC
22 Thorndal Circle, Darien, CT 06820, USA