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Last updated: 02 May, 2025
Welcome and thank you for your interest in Peri. These legally binding Terms and Conditions (“Terms”) govern your purchase and use of the Peri wearable device (“Device”), the Peri mobile application (“App”), the Peri subscription services used in conjunction with the Peri device(“Subscription” or “Membership”), our website www.myperi.co(“Website”), and any other peripherals, accessories or related services(collectively, the “Services”). The software, text, graphics, images, video, audio, data, and other technology and material are made available to you through the Services (collectively referred to as the “Content”). The Services and Content are provided by identifyHer Ltd, a company incorporated in Ireland with a U.S. subsidiary incorporated in Delaware. In these Terms we refer to ourselves as ‘identifyHer” or “Peri” or “us” or “our” or “we” and we refer to you as “you” or “your” or “Customer”. In this agreement, “Peri” and “Customer” are referred to as a “Party” and collectively as the “Parties”.
Please read the following Terms carefully before using the Services offered by Peri as they cover important information about the services provided to you and any charges we will bill you. By purchasing, accessing, or using the Services in any manner, you acknowledge that you have read, understand and agree to be bound by these Terms and the Peri Privacy Policy (www.myperi.co/privacy-policy)(the “Privacy Policy”) which is incorporated into this agreement by reference. You represent and warrant that you have the right, authority and capacity to accept and agree to these Terms and are of sufficient legal age in your jurisdiction or residence to enter into these Terms, and to purchase and use the Product. If you do not meet these criteria or do not accept or agree with these Terms, you are not authorised to purchase and must not use the Services.
We reserve the right to modify these Terms at any time and such modifications will be effective upon posting such modifications to the Services, as applicable. Please review the Terms each time prior to making a purchase. Every time you order Services, the Terms in force at that time will apply between you and Peri. If you have any questions regarding these Terms, you can contact Peri at www.myperi.co/support.
1.1 INTRODUCTION
The Peri Membership includes the wearable device, two interchangeable batteries, a battery charger, a USB cable and 20 adhesive patches. Additional adhesives, accessories or replacement batteries or chargers can be purchased from the Peri website. In addition, you have access to the Peri app which provides personalized information on the number of hot flushes and night sweats you experience, your sleep quality, your anxiety level, your menstrual cycle and step count. We provide insights and encouragement about these symptoms to help you better understand the changes that happen to your body during perimenopause and allow you to make informed decisions about how you decide to manage those symptoms. The Services and Content include proprietary and third party advanced technologies, such as artificial intelligence, machine learning systems, and similar technology and features(together, “AI Technology”), including third party large language models (“LLM”).
1.2 LICENSE GRANT
Subject to this Agreement and your Membership, we grant to you a non-exclusive, non-sublicensable and non-transferable limited license to (i) access and use (i.e., to download and display locally) the Content and the software and applications made available through the Services solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any thirdparty right.
You shall not use the Content or Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any third-party to: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Mobile App component of the Services, in whole or in part; or (iii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person(including but not limited to web scraping, data harvesting tools or automated bots), or that otherwise violates any law, regulation, or other legal requirement.
You will not export or re-export, directly or indirectly, the products or services, or any technical information related thereto, to any destination or person prohibited or restricted by applicable law, including, without limitation, U.S. export control laws and regulations.
If you are purchasing a gift for which agreement to these Terms is necessary in order to use a Product, the recipient of the gift will be required to review and agree to our Terms before being permitted to use Product or the applicable Membership and related services.
Except for the limited license to access the Site and Mobile App identified above, you acknowledge that nothing contained in this Agreement shall be construed as granting or conferring, by implication, estoppel, or otherwise, any right, title, or interest to any intellectual property, including any (i) inventions (whether patentable or not in any country), patents, patent applications, invention disclosures, improvements, trade secrets, proprietary information, know how, information, or technical data; (ii) copyright protected works, copyright registrations, mask works, mask work registrations, or applications in the United States or any foreign country; (iii) trademarks, trademark registrations, service marks, logos, or applications therefore in the United States or any other country; (iv) trade secrets; or (v) any other tangible or intangible proprietary rights anywhere in the world.
You represent and warrant that you are at least 18 years of age and have the legal authority to accept this Agreement. You alone are responsible for your activities and interaction with the Services.
Although the www.myperi.co online store is accessible worldwide, the Products offered on the Store are not designed and tested for use in all countries. If you choose to access the Store and/or use the Products, you choose to do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Store, the Products, and any related services are not designed for use in all countries and some or all of the features of the Store, Products, and any related services may not work or be appropriate for use in all countries.
You acknowledge and agree that Peri may modify, update, and otherwise change the Services at any time and in its sole discretion.
You acknowledge and agree that at times the Services may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii)periodic maintenance procedures or repairs which Peri may undertake from time to time without notice to you; or (iii) causes which are beyond the control of Peri or which are not reasonably foreseeable.
Notwithstanding anything to the contrary in this Agreement, Peri may temporarily suspend access to the Services provided to you and any other third-party for security purposes, to prevent illegal or fraudulent activity, to comply with the requests of any legal agency or government entity, or if you violate the Agreement or the Privacy Policy.
Peri may from time to time and in its sole discretion engage other service providers to assist in the performance of the Services, such as web hosting providers, payment processors, and other third-parties. You shall abide by the Terms of Use and other requirements associated with the services provided by such third-parties in connection with the Services.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but maybe assigned by us without restriction, provided such assignment does not affect your rights under these Terms. These Terms will inure to the benefit of our successors and permitted assigns.
1.3 INTENDED PURPOSE
Peri provides the Services for you to track your symptoms and other wellness-related information. The Services and any results or content displayed via the Service, do not provide medical advice and are not intended to be a substitute for (i) advice from your doctor or other medical professionals, or any diagnosis or treatment or (ii) a visit, call or consultation with your doctor or other medical professionals. The Services do not and are not intended to treat or prevent any medical condition. All content available through the Services is for general informational purposes only. Use of the Services, or communication with us via the internet, email or other means does not create any doctor-patient relationship. If you have any health-related questions, please call or see your doctor or other healthcare professional. You should never disregard medical advice or delay in seeking medical advice because of any content presented on the Services, and you should not use the Services, or any Content on the Services for diagnosing or treating a health problem. You should always consult a qualified and licensed medical professional prior to beginning or modifying and diet, exercise, or medication. A change in any of these factors, carry certain inherent and significant risks of bodily harm, injury or death and that you voluntarily assume all known and unknown risks.
1.4. FORCE MAJURE
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
1.5. GOVERNING LAWS
1.5.1. US Governing laws. These Terms and any dispute or claim arising out of or related to them(including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the use of the Services shall be instituted exclusively in the state or federal courts located in the State of Delaware, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
1.5.2. Notice for California Members. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
2.1 REGISTRATION
In order to use the Membership, you must order and pay for Peri, and create an account (“Account”). The purchase of Peri comes with a commitment to a 12-month Membership fee that can be paid monthly or for the entire year. To continue using Peri after 12-month,you must continue to subscribe and pay any applicable subscription fees(“Membership Fees”) as and when due. You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use as a username (i) a name of another person with the intent to impersonate that person or (ii) a name subject to any rights of a person other than yourself without appropriate authorization. You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. Peri will not be liable for any loss or damage arising from your failure to comply with this Section.
2.2 ORDERS AND PAYMENT OFFEES
2.2.1. Fees and pricing. You agree to pay all fees for (i) the one time purchase of the Services during the purchase and payment process; (ii) the non-refundable Initial Membership Fee for Content that can be paid as a monthly subscription or in full at the time of purchase and (iii) subsequent Membership fees after12-months to continue using the Content and Services. Any payment terms presented to you in the process of obtaining your Membership, including applicable taxes and other charges, are deemed part of this Agreement and are incorporated herein by reference. Prices are stated in the applicable currency based on your selected location. Your total price for Products will include the price of the Products in your order plus any applicable sales tax and shipping charges, less any discounts offered. We reserve the right to change prices at any time, but changes will not affect any order for Products you have already placed prior to the change in price. We do not provide price protection or refunds in the event of a price drop or promotional offering. In the event that a Product is listed at an incorrect price on the Store due to typographical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for the Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we will promptly issue a credit to your credit or debit card account in the amount of the incorrect price paid.
2.2.2 Availability. All Products offered on the www.myperi.co online store are subject to availability. We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue offering certain Products without prior notice. To the extent permitted under applicable laws, we make no representations, warranties, or conditions as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for any Products available through the www.myperi.co online store. Such information and the availability of any Product (including, without limitation, the validity of any coupon or discount) are subject to change at any time without notice. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see on the Store will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to understand and comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Product.
2.2.3. Payment. We may collect payments from you directly or we may use a third-party payment processor ( “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for your Membership. The processing of payments by a Payment Processor will be subject to the terms, conditions and privacy policies of such Payment Processor in addition to this Agreement. We are not responsible for any errors by a Payment Processor. By choosing to purchase a Membership, you agree to pay us, either directly or through a Payment Processor, all Membership Fees and other charges (including any applicable taxes and charges) at the prices then in effect and in accordance with the applicable payment terms and you authorize us, through a Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using your selected Payment Method. We reserve the right to correct any errors or mistakes that we or a Payment Processor make even if we or a Payment Processor have already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through a Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Membership may be suspended or cancelled. You must resolve any problem we encounter in relation to the payment method you provide in order to proceed with your Membership. If you accept a promotional offer or make changes to your Membership, the Fees, taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable taxes.
2.2.4 Resale and Title transfer. Purchases made on the www.myperi.co online store are intended for end users only and are not authorized for resale. We reserve the right to refuse or cancel your order if we suspect you are purchasing Products for resale. Title for Products purchased from the Store passes to the purchaser at the time of delivery by Peri, but Peri and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
2.2.5. Recurring Billing. The Membership payment terms may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Membership Fees have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges(eg. monthly or annually, depending on your subscription) without further authorization from you, until you provide notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before we reasonably could act to terminate your authorization or change your payment. To change your payment method, go to Account Settings at www.myperi.co/account.
2.2.6. Current Billing Information. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such a s a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is cancelled(eg. for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of you user name of password. Changes to such information can be made at Account Settings at www.myperi.co/account. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any subscription fees under your billing account unless you have terminated your subscription as set forth above.
2.2.7. Auto-Renewal. The Membership will be automatically extended for (i) successive monthly renewal periods in the event you have purchased a monthly Membership or (ii) successive 12 month periods in the event you have purchased either an annual Membership. In the case of an annual or 24-month Membership, we will notify you by email at least thirty (30) days prior to such automatic extension taking effect. To change or terminate your Membership, go to Account settings at https://app.myperi.co. If you terminate your Membership, you may continue to use your Membership until the end of your then-current term and your Membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Membership Fee paid for the then-current subscription period. If you do not want to continue to be charged on a recurring basis, you must cancel or terminate your Membership before the end o the then-current term. Your Membership cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, Peri will not refund any amounts that you have already paid.
2.2.8. Reaffirmation of Authorization. Your non-termination or continued use of your Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance or as otherwise described when you initially selected to purchase the Subscription.
2.2.9. Preorders: Paid Services may include pre-ordered Products that will be produced for you in the future (“Pre-Order”). You will be charged a Pre-Order fee when placing your Pre-Order. The actual date for shipping any accepted Pre-Order will depend on a variety of factors, including but not limited to, the date of payment of your Pre-Order fee and Peri’s manufacturing schedule. There is no shipping date guarantee for Pre-Orders.
2.2.10. Fee adjustment: We reserve the right to adjust the Fees for our Services and Content, or any features or parts thereof, at any time. In the event of such a change, Peri will provide notice to you via the email address associated with your accountant least thirty (30) days in advance of the effective date of the change. Your continued use of the Services and Content indicates your acceptance of any changes to the Fees. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law.
2.2.11. Promotions or free trials: From time to time, we may offer promotions or free trials of certain Services or Content for specified periods of time without payment or with reduced payment. Prior to starting your free trial we will notify you of the applicable Services fees or Membership fees that will be charged at the expiration of your free trial. Unless you cancel your Subscription prior to the end of your free trial, when your free trial ends, we or our third-party payment processor will bill your designated payment method on a recurring basisf or your Subscription fee, plus any applicable taxes and other charges, for as long as your Membership continues. You must cancel your Membership before the end of your free trial period to avoid any charges.
2.3 CANCELLATION OR TERMINATION
Unless otherwise prohibited bylaw, and without prejudice to Peri’s other rights or remedies, Peri shall have the right to immediately terminate (i) your Membership if you breach any of the terms of this Agreement and (ii) any of the Services, in our sole discretion at any time. Provided that you are not in breach of this Agreement, we will provide you with a pro rata refund of any Membership Fee paid by you in advance reflecting the period where you did not benefit from the terminated Services as a result of such termination.
You must maintain an active Membership to continue using the Services. This Agreement and your Membership may be renewed for additional Membership periods pursuant to the Membership purchased. If you do not maintain an active Membership and pay all Membership Fees when due, this Agreement shall terminate.
If you have obtained a free Membership, Peri reserves the right at any time to modify or discontinue, temporarily or permanently, such free Membership, your Account and your access to the Services with or without notice. Unless modified or discontinued by Peri in its sole discretion, your free Membership shall continue until the end of the applicable free Membership period, or until you cancel or upgrade to a paid Membership.
Unless otherwise stated, all Membership Fees are non-refundable, even if you stop using the Services. Your Membership will begin once you connect your Peri device, or thirty (30) days after delivery of your Peri Device, whichever is soonest. If you do not activate your Peri Device and Peri no longer supports the generation of product purchased, the Membership purchased will be forfeited. In the case of a monthly Membership, you authorize Peri to charge your credit card after each one (1)month pre-paid period ends and you may only cancel your monthly Membership after your initial commitment period of twelve (12) months ends. In the case of annual Memberships, the initial non-refundable Membership Fee covers the first 12 months of your Membership (“Initial Membership Fee”), respectively. The Initial Membership Fee also covers the cost of your Peri device, and you will retain ownership of your Peri device after you stop or cancel your Membership and after payment of the Initial Membership Fee.
If any Membership Fees due are outstanding, your Account will go into an inactive state. In this inactive state, you will be unable to upload data from your Peri device. You will, however, still be able to access any historical data, that is, data which is uploaded prior to your Account entering into an inactive state. Upon appropriate payment, your Account will be reactivated, and you will be able to utilize the full functionality of the Membership and your Peri device.
Upon cancellation or termination, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content, will no longer be available to you through the Services.
3.1 WARRANTY
This limited product warranty(“Warranty”) is provided only to the original purchaser of this product (“you”)and is not transferable. Proof of purchase is required to make a claim under this Warranty. identifyHer Ltd warrants that this product [including the wearable device, two interchangeable batteries, a charging cradle and charging accessories], will be free from defects in materials and workmanship under normal use for a period of 1 year from the date of purchase for purchasers in the United States and Canada. During the warranty period, if the product is found to be defective in materials or workmanship under normal use, identifyHer Ltd will, at its option, repair or replace the product free of charge. Replacements maybe new or refurbished units, and repaired products may contain new or refurbished parts. In the event of a defect or malfunction, these are your sole and exclusive remedies.
This Warranty does not cover:
· Lost Peri Devices(s) and Batteries or Charger(s)
· Normal wear and tear (including cosmetic damage such as scratches, dents, or discoloration). Consumable parts such as batteries, unless the defect is caused by a materials or workmanship issue.
· Damage or failure through misuse or malfunction, normal wear and tear, improper or negligent use, improper or abnormal use, or any use contrary to instructions provided by Peri;
· Damage or failure due to accident, acts of God, unauthorized commercial use, abuse, neglect, theft, unusual atmospheric conditions;
· Any unauthorized modification, tampering or repair to the Peri Device, Battery or Charger Damage caused by using any part or component that has not been approved by Peri or was not originally intended for, or compatible with, the Peri device, batteries, charger or accessories.
· Any alteration of the factory model name and/or serial number. This Lifetime Warranty gives the purchaser specific legal rights. You may also have other rights which vary from state to state that may result in the change of this Lifetime Warranty.
· Software issues, including bugs, errors, or software incompatibility.
To make a claim under this Warranty, please contact Peri Customer Support at support@myperi.co. You will be asked to provide proof of purchase showing the date of purchase, a description of the defect and photos or videos, if requested. identifyHer Ltd will determine whether the product is covered under this Warranty and provide you with next steps. You are responsible for the cost of shipping the product to our service center, but we will cover the cost of shipping a repaired or replacement product back to you.
3.2 LIMITATIONOF LIABILITY
To the fullest extent permitted by applicable law, identifyHer Ltd, its affiliates, and its suppliers shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use or inability to use this product, including but not limited to damages for loss of profits, data, business, or goodwill, even if identifyHer Ltd has been advised of the possibility of such damages.
In no event shall identifyHer Ltd’s total liability for all claims arising from or related to this product exceed the amount you paid for the product. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, identifyHer Ltd’s liability will be limited to the maximum extent permitted by applicable law. This limitation of liability does not apply to death or personal injury caused by identifyHer Ltd’s negligence, liability for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited bylaw.
3.2.1 Legal Rights by Jurisdiction
This Warranty and Limitation of Liability give you specific legal rights. You may also have other rights under applicable consumer laws in your jurisdiction, which this Warranty and Limitation of Liability do not override. In particular:
United States: Certain states, including New Jersey, do not allow limitations on implied warranties or the exclusion of incidental or consequential damages. In these states, our liability will be limited to the maximum extent permitted by law.
Canada: Residents of Quebec have specific rights under the Consumer Protection Act that may apply to this product. This Warranty and Limitation of Liability are intended to comply with those protections.
3.3 RETURN POLICY
If you are unhappy or unsatisfied with your Peri Device or the Services you may cancel your Membership and return your Peri Device (at your own cost) for any reason within thirty (30) days of receipt of your Peri Device. To request a standard return, you must contact Support at support.myperi.co at which point a return shipping label will be provided to you. Once you have requested your return, you are eligible for a refund of the Initial Membership Fee, less return shipping costs, as long as the Peri Device is received within thirty (30) days from the date you requested the return. To cancel your Membership within the thirty (30) days of receipt of the Peri Device in order to receive your refund, you must return the Peri Device in the manner described above. If you do not return the Peri Device within that 30-day period, the refund will not be applied. Peri will not at any time issue a refund for purchases made from an Authorized Reseller or any other third-party retailer or any other third-party marketplace.
Once a return is requested, Peri will cancel the Account associated with the return. For the sake of clarity, you will not be able to use the Account associated with the Peri Device that was returned. Once a Peri Device is returned, we reserve the right to refurbish the Peri Device for sale or for the Peri Device to be sold as a replacement Peri Device.
3.4 INDEMNITY
You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your User Content, (ii) your breach of this Agreement, (iii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, or (iv) your violation of law. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
4.1 USER RESPONSIBILITIES
You acknowledge that you are solely responsible and liable for your use of the Services, directly or indirectly, including understanding whether such access or use is permitted by or in violation of this Agreement. You are further solely responsible for compliance with all applicable laws relating to your use of the Services. You shall further use the Services solely for lawful purposes, and shall conduct all business through the Services in accordance with all applicable laws and regulations, including but not limited to all applicable federal and state laws and regulations governing the offer and sale of securities, money laundering, and counter-terrorism.
You alone are responsible for ensuring and maintaining that you are able to access and use the Services, including by securing your own compatible hardware, Mobile App, internet access, security Mobile App, backup devices or services, and any other requirements. Peri shall have no responsibility to provide any additional Mobile App or hardware. You further agree that Peri shall have no responsibility for any data loss or other damage or loss suffered in connection with your use of the Services, including any failure to provide adequate security or backup devices or services.
You are responsible for ensuring Peri has accurate and current information for your Customer account, including current contact and payment information. You are further responsible for regularly reviewing the associated Customer email account for any communications from Peri.
If you are provided with a username, password, credentials file, or any other piece of information as part of any security procedure (“Credentials”), you must treat such information as confidential, and must not disclose Credentials to any other person or entity. You acknowledge that your account and Credentials are personal to you, and further agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You shall notify Peri immediately of any unauthorized access to or use of your Credentials or any other breach of security. Peri has the right to disable any username, password, credentials file, or other identifier at anytime, whether chosen by you or provided by Peri.
Peri shall make commercially reasonable efforts to provide adequate support services for the Services. Notwithstanding the foregoing, this Agreement does not entitle you to any guaranteed level, availability, or turnaround time of support services for the Services.
4.1 USER PROVIDED CONTENT
The Services may include functionality to permit the submission of your Content, whether manually at the direction of users of the Services or automatically in accordance with your Account settings (“User Content”) and the hosting, sharing, and/or publishing of such User Content. You warrant and represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User Content includes, without limitation, any user profile information you submit and make publicly available, any information collected by the Peri Device, including, without limitation, statistics and measurements, symptom information, menstrual cycle &activity scores generated through the use of the Services, and any information submitted by you in the “Journal” and recorded through the Services. You shall be solely responsible for User Content you submit or allow to be collected. In connection with any User Content you submit, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement; and (ii) you have the express specific, informed and unambiguous consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement. By submitting the User Content to us, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to edit, modify, truncate, aggregate, use, reproduce, distribute, prepare derivative works of, modify, display, perform, publish and otherwise commercially exploit all or any portion of the User Content in connection with our provision of the Services and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels and sharing the User Content with social media platforms (i.e., posting User Content to Twitter or Facebook if enabled in your Account’s sharing settings) with our business partners and licensees for informational and analytical purposes.
4.2 AI CONTENT
a. AI Technology is new and evolving. Some AI Technology, including third party LLM made available through the Services will provide you with content, data, or other information through the Services (“Insights”).
b. You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Agreement, there are numerous limitations that apply with respect to AI Technology and the Output it generates, including that (i) it may contain errors or misleading information and may not be accurate or reliable; (ii) AI Technology is based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content; (iii) AI Technology can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense; (iv) AI Technology does not have emotions and cannot understand or convey emotions in the way humans can, which can result in Insights that lacks the empathy and emotion that humans are able to convey; (v) AI Technology can perpetuate biases that are present in the data used to train them, which can result in Insights that is discriminatory or offensive; (vi) AI Technology can struggle with complex tasks that require reasoning, judgment and decision-making; (vii) AI Technology require large amounts of data to train and generate content, and the data used to train AI Technology may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Insight; and (viii)AI Technology-generated Insights can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.
c. You will use independent judgement and discretion before relying on or otherwise using the Insights. Insights are for informational purposes only and are not a substitute for advice from a qualified professional.
d. Peri bears no liability to you or anyone else arising from or relating to your use of AI Technology.
4.4 CHANGES TO SERVICES
The Services may change overtime. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services, but this is not always practical. Similarly, we reserve the right to remove any Content or User Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed Content or User Content in violation of this Agreement), in our sole discretion, and without notice.
4.5. COMMUNICATIONS, DATAPROTECTION AND INTELLECTUAL PROPERTY
4.5.1. Data Protection. By placing an order for Products, you agree and understand that Peri may store, share, process and use data collected from your online order for the purposes of processing the order. Peri will process your information in accordance with our Privacy Policy (www.myperi.co/privacy).Peri works with other companies that help Peri provide Products to you, such as freight carriers and credit card processing companies, and you direct Peri to share certain information with these companies for this purpose. Peri may also collect and process information regarding your usage of the Services. You consent to Peri’s collection and use of such information, as well as the sharing of such information with third-party service providers for purposes of providing, marketing, and improving the Services, and any other reason described in the Privacy Policy. All personal information collected by Peri is treated in accordance with the Privacy Policy.
4.5.2. Communications. You are communicating with Peri electronically when you use the www.myperi.co online store, use our mobile application, use the AI Chatbot for support or send an email to Peri. By agreeing to the terms and conditions in this Agreement and providing your contact information to Peri, you also give your express consent to allow Peri, its affiliates, and agents to contact you from time to time. Your consent means you agree to be contacted by Peri and its service providers via email, text message, or other means for any purpose, including but not limited to notifications related to the Services and your account, subscriptions, purchases, available upgrades, billing and payment processing issues, and telemarketing communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Peri disclaims all liability under this Agreement for any information you provide to Peri that may constitute electronic patient health records or similar information supplied by you, notwithstanding anything to the contrary in this Agreement or as otherwise required by any applicable federal, state, or international laws, rules, or regulations.
4.5.3 Notifications. Peri may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Account, or posting of such notice on the Peri website (www.myperi.co). Peri is not responsible for any automatic filtering you or your network provider may apply to email notifications. Peri recommends that you add @myperi.co URLs to your email address book to help ensure you receive email notifications from Peri. For notifications made by e-mail, the date on which the message is sent will be deemed the date on which such notification is transmitted.
4.5.4. Intellectual Property Rights. All content provided in association with the Services and this Agreement, including, but not limited to, the Site, the Product, the Mobile App, all text, graphics, user interfaces, visual interfaces, photographs, images/video, electronic art, sounds/audio, data, communications programs, executable code, computer code, and data(collectively, “Content”) formatted, organized, and collected in a variety of forms, including design, structure, selection, coordination, expression, “look and feel,” arrangement, layouts, pages, screens, and databases of such Content, contained in the Content, Services, and underlying technology, and any and all other copyright-protected work associated with the Services (“Copyrighted Works”), are exclusively owned, controlled, or licensed by or to Peri and are protected by U.S. and international copyright laws. You agree you will not directly or indirectly copy, reproduce, modify, create derivative works from, distribute, or publicly display the Copyrighted Works without the prior express written permission of Peri. If you provide any communications or materials to Peri by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Peri is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Peri is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Peri is not required to use any Feedback. Notwithstanding anything contained herein, Peri may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
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