Before you access our Services, please read these Terms carefully. They form a legally binding agreement between you (the "User") and Butterfly Effect Pte. Ltd. ("Perspicx").
These Terms of Service ("Terms") constitute a legally binding agreement between you and Perspicx ("Perspicx," "we," "us," or "our") governing your access to and use of the Perspicx platform, software, website located at perspicx.com (the "Site"), and all related services, features, content, and applications (collectively, the "Services").
By accessing or using the Services, clicking to accept these Terms, or creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" refers to such entity.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
You must be at least 18 years of age or the age of majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet these age requirements and have the legal capacity to enter into a binding contract. The Services are not intended for minors, and we do not knowingly collect information from individuals under 18 years of age.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) provide accurate, current, and complete information when creating your account; (b) maintain and promptly update your account information; (c) immediately notify us of any unauthorized use of your account or any other breach of security; and (d) not share your account credentials with any third party. You are solely responsible for any and all activities conducted through your account.
Each account may only be used by one individual. Account sharing is prohibited. Organizations may purchase Team or Enterprise plans for multiple users.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business or personal purposes in accordance with your Subscription plan. This license does not grant you any ownership rights in the Services or any of our intellectual property.
You agree not to, and not to permit others to:
You may not use the Services to create, collect, transmit, or store Content that:
The Services are offered under various Subscription plans as described on our pricing page at perspicx.com. Each plan includes specified Credits, response limits, and feature access. Subscription fees are billed in advance on a monthly or annual basis depending on the billing cycle you select.
Credits are consumed when you use AI-powered features of the Services, including generating surveys, building logic, and using AI-assisted design features. One (1) Credit equals one (1) AI prompt or action. Included Credits reset monthly unless you purchase additional Credits separately. Purchased Credits are non-refundable and may carry forward according to your plan.
Paid Subscriptions automatically renew at the end of each billing cycle unless you cancel prior to the renewal date via your account settings. Cancellation takes effect at the end of the current billing period.
You agree to pay all fees associated with your Subscription and any additional Credits. Payment is due immediately upon purchase or at the start of each billing cycle. You authorize us to charge your designated payment method for all fees; failure to pay may result in suspension or termination of access. All fees are in U.S. dollars unless otherwise specified.
All fees are exclusive of applicable taxes, duties, and similar governmental assessments ("Taxes"). You are responsible for paying all Taxes associated with your purchase unless you provide valid exemption documentation.
Except as required by law, all fees are non-refundable. We do not provide refunds or credits for partial months or years of service, downgrades, unused Credits, or periods of suspension or termination due to violations of these Terms.
We may modify pricing at any time. Changes take effect at the beginning of your next billing cycle following notice of the change. Continued use after the price change takes effect constitutes acceptance.
The Services utilize artificial intelligence and machine learning models to generate surveys, questions, logic, and other content ("AI Output"). AI Output may contain errors, inaccuracies, biases, or other issues. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY AI OUTPUT.
You are solely responsible for reviewing, validating, testing, and using any AI Output. AI Output should not be used for critical decisions, compliance purposes, or high-risk applications without thorough human review. You assume all risks associated with your use of AI Output.
AI Output may be similar or identical to content generated for other users who submit similar prompts. We do not guarantee that AI Output will be unique to you or free from third-party intellectual property rights.
We may use your inputs, prompts, and usage patterns to train, improve, and develop our AI models and Services. We will not use Personal Data contained in your Content for training unless it has been anonymized and aggregated so it cannot identify you or any individual.
You retain all ownership rights in your Content. These Terms do not transfer ownership to us.
You grant us a worldwide, non-exclusive, royalty-free, fully paid license to use, copy, store, transmit, modify, and process your Content solely to: (a) provide, maintain, and improve the Services; (b) develop new features; (c) prevent fraud and abuse; (d) comply with applicable laws; and (e) as described in our Privacy Policy. This license continues for a reasonable period after deletion to support backups and system operations.
You represent and warrant that you have all necessary rights and permissions to submit your Content; that it does not infringe or violate third-party rights; that it complies with these Terms and applicable laws; and that you have obtained all necessary consents from individuals whose Personal Data is included.
Our collection, use, and processing of Personal Data is governed by our Privacy Policy. You are responsible for complying with applicable data protection laws, including obtaining consents from survey respondents. Do not use the Services to collect, process, or store sensitive Personal Data (e.g., PHI, financial account numbers, social security numbers, biometric data) without our express written authorization.
Your Content and data are processed and stored on servers located in the United States. By using the Services, you consent to the transfer, processing, and storage of your data in the United States.
We implement commercially reasonable technical and organizational measures designed to protect your Content from unauthorized access, disclosure, alteration, and destruction. However, no security system is impenetrable.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR CONTENT. We recommend regular exports. While we may keep backups for disaster recovery, we are not obligated to restore your Content.
During an active Subscription, you may access, export, and delete Content through the Services. After termination, we will delete your Content within a reasonable period (not exceeding 90 days) unless retention is required by law. Data may persist in backups for a limited time, and we may retain anonymized or aggregated data indefinitely.
The Services may integrate with or provide access to third-party services, websites, applications, or content. These third parties are not under our control. Your use of third-party services is governed by their own terms and privacy policies, and we do not endorse or assume responsibility for them. If you enable integrations, you authorize us to share your Content with those services as needed for the integration.
The Services and all related intellectual property rights—including software, algorithms, AI models, user interfaces, graphics, logos, text, and other content (excluding your Content)—are and will remain the exclusive property of Perspicx and its licensors. These Terms do not grant you any ownership rights. All rights not expressly granted are reserved.
If you provide suggestions, ideas, enhancement requests, recommendations, or other feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, modify, create derivative works from, and incorporate such Feedback into our Services without obligation or compensation.
If you believe your copyrighted work has been infringed through the Services, provide our designated agent with written notice containing: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; (e) a statement that the information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and (f) your physical or electronic signature.
We strive to maintain high availability of the Services, but we do not guarantee they will be available at all times or without interruption. Temporary unavailability may occur due to maintenance, updates, technical issues, or events beyond our control.
We reserve the right to modify, suspend, or discontinue the Services at any time, with or without notice. We may add or remove features, change pricing, or alter operation. We will use reasonable efforts to provide advance notice of material changes that substantially reduce functionality but are not obligated to do so.
We may immediately suspend or limit access if: (a) you violate these Terms; (b) your use poses a security risk or could harm us or others; (c) we suspect fraudulent or abusive activity; (d) you fail to pay fees; or (e) required by law. We will use reasonable efforts to provide notice before suspension when practicable.
These Terms commence when you first access or use the Services and continue until terminated in accordance with this section.
You may terminate your account and these Terms at any time by canceling your Subscription through your account settings or by contacting us. Termination takes effect at the end of your current billing period. Fees already paid are non-refundable.
We may terminate or suspend your account and access immediately, without prior notice, if: (a) you breach these Terms; (b) you engage in fraudulent or illegal activity; (c) your use harms or could harm us or other users; (d) you fail to pay fees; or (e) required by law. We may also terminate for convenience with 30 days’ advance notice.
Upon termination: (a) your right to access and use the Services immediately ceases; (b) we may delete your Content per our retention policies; (c) you remain liable for all fees incurred prior to termination; and (d) unused Credits are forfeited. Sections that by their nature should survive will do so.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, AND AVAILABILITY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT RESULTS WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY INFORMATION OR MATERIALS WILL MEET YOUR EXPECTATIONS, OR THAT DEFECTS WILL BE CORRECTED. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP YOUR DATA.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERSPIcx OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT PAID BY YOU TO PERSPIcx FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (b) ONE HUNDRED DOLLARS (USD $100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Perspicx, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your Content; or (e) your violation of any applicable laws or regulations. This obligation survives termination.
These Terms and any disputes arising out of or related to them shall be governed by the laws of the State of Maine, United States, without regard to conflict of law principles. You submit to the exclusive jurisdiction of the state and federal courts located in Maine. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration in Maine in accordance with the American Arbitration Association's Commercial Arbitration Rules. YOU AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms or contacting you. Your continued use after notice constitutes acceptance; if you disagree, stop using the Services.
These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Perspicx and supersede prior or contemporaneous understandings.
You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms at any time without notice. These Terms bind and benefit permitted successors and assigns.
If any provision is held invalid, illegal, or unenforceable, it shall be limited or eliminated to the minimum extent necessary, and the remainder shall remain in full force.
No waiver of any term or condition shall be deemed a continuing waiver. Our failure to enforce any right or provision shall not constitute a waiver.
We are not liable for delays or failures resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor shortages, or supply issues.
You and Perspicx are independent contractors. These Terms do not create an agency, partnership, joint venture, employment, or franchise relationship.
You may not use the Services if you are located in or a resident of a country subject to U.S. embargo or trade sanctions. You represent that you are not on any U.S. government prohibited or restricted party list.
We will send notices to the email associated with your account. You must send notices to the contact email we specify.
Provisions that by their nature should survive termination shall survive, including ownership, disclaimers, indemnification, and limitations of liability.
If you have any questions about these Terms or the Services, please contact us at:
Perspicx
Email: [email protected]
Website: perspicx.com
Address: [Insert Physical Address]
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
Email [email protected] and our team will get back to you promptly.