Last updated October 23, 2025
AGREEMENT TO OUR LEGAL TERMS
We are IdentifyHer Inc., doing business as Peri ("Company," "we," "us," or "our"), a company registered in Delaware, United States, with a registered address at 800 N King Street, Suite 304-3205, Wilmington, DE 19801. Our parent company, IdentifyHer Ltd., is registered in Ireland with its registered office at 13 Adelaide Road, Dublin, D02P950, Ireland. IdentifyHer Ltd. owns and operates certain software and data analytics services that support the Peri platform. For customers located in the United States, IdentifyHer Inc. is the contracting party and the seller of the Peri device. References to "we," "us," or "our" in these Terms include both IdentifyHer Inc. and IdentifyHer Ltd., as applicable.
We operate and provide the Peri wearable device (the “Device”), the website https://www.myperi.co (the "Site"), the mobile application Peri (the "App"), our artificial intelligence–powered features, tools, and outputs ("AI Products") and any other related products, accessories and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Peri is a wearable device designed to help women track and understand the symptoms they experience during perimenopause. It passively monitors biosignal changes from the sensors in the device and transforms this information into symptom data including hot flushes, night sweats, sleep disturbance, anxiety and menstrual cycle tracking. Along with lifestyle information, the symptom profiles are used to generate personalized insights through a companion app. This information empowers women to make informed decisions about managing their symptoms and their health
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and identifyher Inc, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. Changes to these Legal Terms will become effective seven (7) days after the notice is given, except if the changes apply to new functionality, security updates, bug fixes, and a court order, in which case the changes will be effective immediately. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms. If you disagree with such changes, you may terminate Services as per the section "TERM AND TERMINATION."
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
Health and Wellness Disclaimer
The Services and any results, insights, or content displayed through the Services are for general informational and wellness purposes only. 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 are not medical devices and are not intended for use in the diagnosis, cure, mitigation, prevention, or treatment of any disease or medical condition. Any menstrual cycle information, predictions, or related data provided through the Services are not intended for use in fertility tracking, conception, or contraception. The Services do not predict ovulation, fertility windows, or pregnancy likelihood and should not be relied upon to prevent or achieve pregnancy. 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 any 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.
Geographic Use Restrictions
The Services and the Peri device are intended for use and purchase only in the United States. We do not currently offer or ship products outside the United States, and our Services are not directed to users located in other countries. The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Regulatory Compliance Notice
The Services are designed for general consumer wellness purposes and are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or similar frameworks.). If your interactions or data would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable financial or healthcare-related regulation.
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: information@myperi.co. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Registration
In order to use the Membership, you must order and pay for Peri, and create an account (“Account”). You agree to keep your password confidential and will be responsible for all use of your account and password. 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 on the app. Peri will not be liable for any loss or damage arising from your failure to comply with this Section. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Fees and pricing
You agree to pay all fees for the purchase of the Services during the purchase and payment process. 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. Your total price for Products will include the price of the Products in your order plus any applicable customs duties, 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.
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.
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.
Preorders
Paid Services may include pre-ordered Products that will be produced for you in the future (“Pre-Order”). You will be charged a the full purchase price 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.
Promotions or free trials
From time to time, we may offer promotions, limited time offers 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 fees that will apply once the promotional periods ends. If the offer includes automatic enrolment in a paid Service at the conclusion of the trial, we or our third-party payment processor may charge your designated payment method for the applicable fees, taxes, or other charges as described at the time of sign-up. You must cancel any trial, promotion, or paid Service before the end of the applicable promotional period to avoid being charged. All terms and conditions provided at the time of the offer will apply in addition to these Terms.
Returns
We want you to love your Peri device but if you are unhappy or not satisfied, you may request a return within thirty (30) days of delivery. Please review our Returns Policy (www.myperi.co/returns-policy) for detailed information about the eligibility criteria and processes for returning your device. By using the Services, you agree to be bound by our Returns Policy, which is incorporated into these Legal Terms. Peri is only available through the myperi.co website and no returns will be accepted if the device is purchased from any other source, third party retailer or marketplace.
If the Peri device is damaged or does not work properly you can request a refund or replacement device. Please inspect your order upon delivery and contact us immediately if the item is defective, damaged, so that we can evaluate the issue and make it right. To be eligible for a standard return and refund, the ordered product must be unused, in its original packaging and in the same condition that it was received.
To assess eligibility to return your device, complete the form on the Returns Policy page (www.myperi.co/returns-policy). For standard returns, you will be responsible for return shipping and for damaged devices a prepaid shipping label will be provided. Returned items will be examined and if they meet the conditions set out in the Returns Policy the return request will be approved, and you will be reimbursed. For damaged goods, there will also be an option to replace the device. If the Returns criteria are not met, you will not be reimbursed.
Product display
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
Product Availability
Although the www.myperi.co online store is accessible worldwide, the Products offered on the Store are designed and tested for use in the US only, and not any other country at this time. If you access the store and attempt to purchase Peri, you will not be permitted to complete the order using an address outside the US. If you are purchasing Peri as a gift, the recipient of the gift should be normally resident in the US and will be required to review and agree to our Terms & Conditions before being permitted to use Peri and the related services. If Peri is gifted to a person not living in the US, they choose to wear Peri on their own initiative and are solely responsible for complying with applicable local laws in their country. Anyone purchasing or using Peri is required to understand and accept that the Store, the Products, and any related services are only designed for use in the US and some or all of the features of the Store, Products, and any related services may not work or be appropriate for use in other countries.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.
In addition to the above, you agree not to misuse, tamper with, or modify the Peri device or any related hardware. Specifically, you agree not to:
• Open, alter, modify, decompile, or reverse engineer any hardware component or embedded software (firmware) of the Peri device.
• Use the device with any third-party software, accessories, or adhesives not supplied or approved by us.
• Attempt to repair, service, or replace any part of the device except as permitted under our warranty or written instructions.
• Use the device in any unsafe, unauthorized, or unintended manner, including exposure to extreme heat, moisture, or mechanical stress.
• Resell, rent, or lease the device without our prior written consent.
• Remove, obscure, or alter any serial numbers, regulatory labels, or certification marks on the device.
• Interfere with, damage, or disrupt the proper functioning of the device’s sensors, battery, or wireless communication components.
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, lifestyle and symptom information, menstrual cycle & physical activity generated through the use of the Services, and any information submitted by you in the “Journal” and recorded through the Services.
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 with our business partners and licensees for informational, research, product development and analytical purposes, in accordance with our Privacy Policy.
AI Technology is new and evolving. Some AI Technology,including third party LLM made available through the Services will provide youwith content, data, or other information through the Services (“Insights”). Werecognize the significant impact AI can have on our users and society, and weare dedicated to ensuring that our AI Products are designed and operated in amanner that aligns with comprehensive ethical standards. We aim to use AI toenhance your experiences while upholding fairness, transparency, andaccountability principles. You acknowledge and agree that, in addition to thelimitations and restrictions set forth in this Agreement, there are numerouslimitations that apply with respect to AI Technology and the Output itgenerates, including that (i) it may contain errors or misleading informationand may not be accurate or reliable; (ii) AI Technology is based on predefinedrules and algorithms that lack the ability to think creatively and come up withnew ideas and can result in repetitive or formulaic content; (iii) AI Technologycan struggle with understanding the nuances of language, including slang,idioms, and cultural references, which can result in Output that is out ofcontext or does not make sense; (iv) AI Technology does not have emotions andcannot understand or convey emotions in the way humans can, which can result inInsights 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 trainthem, which can result in Insights that is discriminatory or offensive; (vi) AITechnology can struggle with complex tasks that require reasoning, judgment anddecision-making; (vii) AI Technology require large amounts of data to train andgenerate content, and the data used to train AI Technology may be of poorquality or biased, which will negatively impact the accuracy and quality of thegenerated Insight; and (viii) AI Technology-generated Insights can lack thepersonal touch that comes with content created by humans, which can make itseem cold and impersonal. You will use independent judgement and discretion beforerelying on or otherwise using the Insights. Insights are for informationalpurposes only, they do not constitute medical advice, diagnosis or treatmentand are not a substitute for advice from a qualified professional. Peri bearsno liability to you or anyone else arising from or relating to your use of AITechnology. Any data processed by AI Products will be handled in accordancewith our Privacy Policy.
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security and your data rights aredescribed in our Privacy Policy: www.myperi.co/privacy-policy. IdentifyHerInc., registered in Delaware, United States, is the entity responsible forensuring compliance with all applicable U.S. data protection and privacy laws.IdentifyHer Ltd. (Ireland) supports IdentifyHer Inc. in processing data solelyas a service provider and does not make independent decisions regardingpersonal data. All personal information is collected, stored, and managed underthe responsibility of IdentifyHer Inc. By using the Services, you agree to bebound by our Privacy Policy, which is incorporated into these Legal Terms.Please be advised the Services are hosted in the United States and Ireland. Allpersonal data is hosted in the United States. Authorized personnel in Irelandmay securely access it for service support and analytics. We employ reasonableand appropriate security measures as described in our Privacy Policy. If youaccess the Services from any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differfrom applicable laws in the United States and Ireland, then through yourcontinued use of the Services, you are transferring your data to the UnitedStates and Ireland, and you expressly consent to have your data transferred toand processed in the United States and Ireland.
These legal terms shall remain in full force and effect while you use the services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New Castle, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New Castle, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
The Peri device, mobile application, and related services (collectively, the “Services”) are provided on an “as-is” and “as-available” basis. You agree that your use of the device and Services is at your sole risk.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the device, the Services, and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We make no warranties or representations regarding the performance, reliability, accuracy, or completeness of the device or Services, including any data or information generated by the device or displayed in the app. The device and Services are intended for general wellness and informational purposes only and are not medical devices. They should not be used for diagnosis, treatment, or prevention of any medical condition. Without limiting the foregoing, we will not be liable for:
• any errors, omissions, mistakes, or inaccuracies of content, data, or materials, or any loss or damage incurred as a result of the use of any content made available through the Services;
• personal injury or property damage arising from your use or misuse of the device or Services;
• any unauthorized access to or use of our servers or any personal or financial information stored therein;
• any interruption, delay, or failure of transmission, data syncing, or connectivity between the device and the app;
• any malfunction, damage, or degradation of the device resulting from improper use, maintenance, or third-party accessories; or
• any bugs, viruses, trojan horses, or other harmful components that may be transmitted via the Services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any linked website, nor will we be responsible for monitoring any transaction between you and third-party providers. As with the purchase or use of any product or service through any medium or environment, you should use your best judgment and exercise caution where appropriate.
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 Inc warrants that this product [including the wearable device, two interchangeable batteries, adhesive patches, 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.
During the warranty period, if the product is found to be defective in materials or workmanship under normal use, identifyHer Inc will, at its option, repair or replace the product free of charge. Replacements may be 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.
• Software issues, including bugs, errors, or software incompatibility.
To make a claim under this Warranty, carefully review the Returns Policy to ensure you are eligible by going to the Returns page on the website (www.myperi.co/customer-support). Follow the instructions and provide the information requested. 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. Once we have verified the details are correct, we will provide a prepaid return shipping label for approved warranty claims. The returned item will be inspected, and if a defect is detected, it will be corrected or a replacement device provided. If a defect is not detected or if the damage is not covered by the Warranty, you will be liable for the cost of repair and return.
This 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 Warranty.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
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.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, youcan contact the Complaint Assistance Unit of the Division of Consumer Servicesof the California Department of Consumer Affairs in writing at 1625 NorthMarket Blvd., Suite N 112, Sacramento, California 95834 or by telephone at(800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
identifyHer Inc
800 N King Street
Suite 304-3205
Wilmington, DE 19801
United States
information@myperi.co
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