1. Introduction

Welcome to PerksNow. These Terms of Service ("Terms") govern your use of our platform, including any content, functionality, and services offered on or through the PerksNow website or mobile application (collectively, the "Service"). By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service.

2. Eligibility

To use the Service, you must be at least 18 years old and have the legal capacity to enter into a binding contract. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

To access certain features of the Service, you may be required to create 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. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. User Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service to:

• Violate any applicable laws or regulations;

• Infringe upon the intellectual property rights of others;

• Transmit any harmful or disruptive code, such as viruses or malware;

• Engage in any activity that could damage, disable, or impair the Service;

• Harass, abuse, or harm other users or individuals.

5. Content Ownership and Use

All content provided on the Service, including text, graphics, images, videos, and software, is the property of PerksNow or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may use the content for personal, non-commercial purposes only. You agree not to reproduce, distribute, modify, or create derivative works based on the content without the express written permission of PerksNow.

6. User-Generated Content

You may submit or upload content, such as comments, reviews, and other materials, to the Service ("User-Generated Content"). By submitting User-Generated Content, you grant PerksNow a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, and display the User-Generated Content for the purposes of operating and improving the Service.

7. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose information about you. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

8. Payments and Subscription

Certain features of the Service may require payment. By subscribing to these features, you agree to pay the applicable fees and taxes. All payments are non-refundable, except as required by law. We reserve the right to change our fees and billing methods at any time.

9. Revenue Sharing

As part of our commitment to rewarding our community, PerksNow shares a certain percentage of its revenue with users based on their accrued points from engagement. The specifics of this revenue-sharing model are outlined in our Rewards Policy, which is incorporated into these Terms by reference.

10. Termination

PerksNow reserves the right to suspend or terminate your account and access to the Service at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may terminate your account at any time by contacting customer support.

11. Disclaimers

The Service is provided on an "as-is" and "as-available" basis. PerksNow disclaims all warranties, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. PerksNow does not warrant that the Service will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the fullest extent permitted by law, PerksNow and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, even if PerksNow has been advised of the possibility of such damages. Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid to PerksNow for the Service in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless PerksNow and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your use of the Service or your violation of these Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PerksNow is headquartered, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the jurisdiction where PerksNow is headquartered.

15. Changes to These Terms

PerksNow reserves the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on the Service and updating the "Last Updated" date at the top of this page. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

16. Miscellaneous

• Entire Agreement: These Terms, along with our Privacy Policy and Rewards Policy, constitute the entire agreement between you and PerksNow regarding the use of the Service.

• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• Waiver: No waiver 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 PerksNow to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Contact Us

If you have any questions about these Terms or the Service, please contact us at [email protected].