Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of Perch Beyond (the "Service"), operated by Perch Beyond Technologies Pvt. Ltd., registered in United Kingdom ("we", "our", "us", "Company").

Please read these Terms carefully before using our Service. If you disagree with any part of these Terms, you may not access the Service. By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use our Service. By using Perch Beyond, you represent and warrant that:

• You are of legal age to form a binding contract.
• You are not located in a country subject to UK government embargo or sanctions.
• You have not been previously suspended or removed from our Service.
• You will comply with all applicable laws and regulations.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Account Registration & Security

• Account Creation: You must provide accurate, complete, and up-to-date information during registration.
• Credential Security: You are solely responsible for safeguarding your password and login credentials. We recommend using strong passwords and enabling two-factor authentication where available.
• Unauthorized Access: You must immediately notify us at hello@perchbeyond.com of any unauthorized use of your account or security breach.
• Account Activity: You are liable for all activities that occur under your account, regardless of whether the activities were authorized by you.
• Multiple Accounts: You may not create more than one personal account without prior written permission.
• Account Suspension: We reserve the right to suspend or terminate accounts that violate these Terms, without prior notice.

3. Description of Services

Perch Beyond provides a comprehensive workspace management platform including but not limited to:

• Interactive desk and hoteling booking system
• Meeting room scheduling with conflict detection
• Real-time occupancy and space utilization analytics
• Maintenance request management and asset tracking
• Visitor management and check-in systems
• Integration with third-party calendar platforms (Google Calendar, Microsoft Outlook)
• Mobile and web-based dashboard for administrators

We may introduce new features, modify existing ones, or discontinue certain functionalities at our discretion. We will provide reasonable notice through the Service or via email for material changes that may affect your usage.

4. Subscription Plans & Billing

Perch Beyond offers both free and paid subscription plans. The following terms apply to paid subscriptions:

• Pricing: Fees for paid features are clearly displayed on our pricing page and are billed in advance on a monthly or annual basis, depending on your selected plan.
• Auto-Renewal: Unless you cancel before the renewal date, your subscription will automatically renew at the then-current rate.
• Cancellation: You may cancel anytime from your account settings. Cancellation takes effect at the end of your current billing cycle.
• Refunds: We do not offer refunds for partial billing periods or unused features unless required by applicable consumer protection laws in India.
• Price Changes: We will notify you at least 30 days in advance of any pricing changes. Continued use after the change constitutes acceptance of the new pricing.
• Taxes: You are responsible for applicable taxes, including VAT (EU), or sales tax, unless explicitly stated otherwise.
• Late Payments: Unpaid fees may result in suspension of your account. We may charge interest on overdue amounts at 1.5% per month or the maximum legal rate.

5. Acceptable Use Policy

You agree NOT to misuse the Service. Prohibited activities include but are not limited to:

• Using the platform for any unlawful, fraudulent, or deceptive purpose.
• Attempting to gain unauthorized access to our systems, networks, or other users' accounts.
• Uploading, transmitting, or distributing malware, viruses, ransomware, or any malicious code.
• Interfering with or disrupting the integrity or performance of the Service.
• Scraping, crawling, or using automated tools (bots) to extract data without our written permission.
• Reverse engineering, decompiling, or disassembling any part of the Service.
• Harassing, abusing, harming, or threatening others through the platform.
• Impersonating any person or entity or falsely stating your affiliation.
• Exceeding any rate limits or API usage quotas assigned to your account.

Violation of this policy may result in immediate termination of your account and legal action where applicable.

6. Data Processing & Privacy

We process your personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Key points include:

• We collect and process data necessary to provide the Service, including your name, email, workspace preferences, and usage analytics.
• For users in the European Union, we comply with GDPR requirements, including lawful processing grounds and data subject rights.
• We act as a data processor for any workspace data you upload (e.g., employee schedules). You are the data controller for such data.
• We do not sell your personal information to third parties.
• You retain ownership of any content you upload. We only use it to provide the Service.

If you have questions about data handling, please contact hello@perchbeyond.com.

7. Intellectual Property Rights

All intellectual property in the Service — including software, design, text, graphics, logos, trademarks, source code, APIs, and documentation — is owned by Perch Beyond Technologies Pvt. Ltd. or its licensors and is protected by UK and international copyright, trademark, and patent laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes, subject to these Terms. You may not:

• Copy, modify, or create derivative works of any part of the Service.
• Sublicense, resell, or distribute the Service to third parties without authorization.
• Use our trademarks or branding without prior written consent.
• Remove any copyright or proprietary notices from the platform.

8. User Content & Feedback

You retain full ownership of any content you upload, submit, or display through the Service ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free license to host, store, transmit, and display that content solely as necessary to provide the Service to you.

If you provide us with feedback, suggestions, or ideas for improvement, you agree that we may use them without compensation or restriction.

You are solely responsible for ensuring that your User Content does not violate any third-party rights, including copyright, privacy, or trademark rights.

9. Service Availability & Uptime

We strive to maintain 99.5% monthly uptime for paid subscribers. However, we do not guarantee uninterrupted or error-free Service. The following factors may affect availability:

• Scheduled maintenance (we will notify at least 48 hours in advance for planned downtime).
• Emergency updates or security patches.
• Third-party infrastructure failures (cloud providers, internet outages).
• Force majeure events (natural disasters, strikes, government actions).

Paid subscribers experiencing downtime exceeding 0.5% in a month may request a service credit equivalent to 5% of their monthly fee, at our discretion.

10. Third-Party Integrations

Our Service may integrate with third-party tools, including calendar services, payment gateways, and communication platforms. Your use of these third-party services is governed by their respective terms and privacy policies. We are not responsible for the availability, security, or functionality of any third-party integration.

11. Limitation of Liability

To the maximum extent permitted by UK law:

• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising from your use of the Service.
• Our total aggregate liability for any claim arising under these Terms shall not exceed the amount you paid us (if any) during the 12 months preceding the claim.
• For free users, our total liability is limited to $10.
• No claim may be brought more than one year after the cause of action arose.

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Perch Beyond, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising out of or related to:

• Your violation of these Terms or applicable laws.
• Your User Content or any data you upload.
• Your misuse of the Service or unauthorized access to another account.
• Any dispute between you and another user.

13. Termination

We may suspend or terminate your access to the Service immediately, without prior notice, for any reason including:

• Violation of these Terms (including the Acceptable Use Policy).
• Fraudulent, abusive, or illegal activity.
• Non-payment of fees after a valid invoice.
• At our discretion, to protect the integrity or security of the Service.

Upon termination, your right to use the Service will cease immediately. You may export your data before termination if we have not suspended you for cause. Sections that by their nature should survive termination (intellectual property, liability, indemnification, governing law) will remain in effect.

14. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of UK, without regard to conflict of law principles.

Any dispute arising out of these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to binding arbitration in Ahmedabad, Gujarat, in accordance with the Arbitration and Conciliation Act, 1996, conducted by a single arbitrator mutually appointed. The arbitration proceedings shall be in English.

For small claims or injunctive relief, either party may approach the courts in London, UK, which shall have exclusive jurisdiction.

15. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Material changes will be notified to you via:

• Email sent to your registered address (at least 30 days in advance for significant changes).
• Conspicuous notice on our website or dashboard.

Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Service and cancel your account.

16. Severability & Waiver

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force.
• Waiver: Our failure to enforce any right shall not constitute a waiver of that right unless in writing.

17. Entire Agreement

These Terms, along with the Privacy Policy and any additional guidelines referenced herein, constitute the entire agreement between you and Perch Beyond regarding the Service, superseding any prior agreements or communications.

18. Contact Information

If you have any questions about these Terms, please contact us at:

📧 Email (General): hello@perchbeyond.com
📧 Email (Legal/Disputes): hello@perchbeyond.com
🏢 Company Address: Perch Beyond, 10 Wilberforce Street, Hull, HU3 2JR, United Kingdom

By using Perch Beyond, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.