Terms & Conditions

1. Use of Service

By accessing or using the Performalytic website, you agree to comply with and be bound by these Terms & Conditions. If you do not agree with any part of these terms, you must not use our website or services. We reserve the right to update or modify these terms at any time without prior notice. Continued use of the site after changes constitutes acceptance of the new terms.

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the site. Prohibited behavior includes harassing or causing distress to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our site.

We grant you a limited, non-exclusive, non-transferable license to access and use the website for your internal business or personal use. You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any content without our prior written consent.

2. Intellectual Property

All content, materials, trademarks, service marks, logos, and intellectual property displayed on this website are the property of Performalytic or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. This includes, but is not limited to, text, graphics, images, videos, data compilations, software, and documentation.

Nothing in these Terms & Conditions grants you any right, title, or interest in our intellectual property. You may not use any of our trademarks or brand features without our express written permission. Unauthorized use of any content may violate copyright, trademark, and other applicable laws and could result in legal action.

If you believe that any content on our website infringes upon your intellectual property rights, please contact us immediately with a detailed description of the alleged infringement, and we will investigate and take appropriate action.

3. Limitation of Liability

To the fullest extent permitted by applicable law, Performalytic and its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:

• Your use or inability to use our website or services
• Any unauthorized access to or alteration of your transmissions or data
• Any statements or conduct of any third party on our platform
• Any errors, omissions, or inaccuracies in the content provided

Our total liability for any claims arising under these terms shall not exceed the amount paid by you, if any, for accessing our website or using our services in the twelve (12) months preceding the claim. This limitation of liability applies regardless of the legal theory on which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

4. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms.

Any disputes arising out of or relating to these terms, your use of the website, or our services shall be resolved exclusively in the state or federal courts located in Chicago, Illinois. You consent to the personal jurisdiction of such courts and waive any objection to venue in those courts.

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The failure of Performalytic to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

5. Contact

If you have any questions, concerns, or requests regarding these Terms & Conditions, please contact us using the information below. We aim to respond to all inquiries within one business day.