Tems of Service

Introduction

Welcome to Highperformr Ltd (“Company”, “we”, “our”, “us”)! These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://highperformr.ai operated by Highperformr Ltd.

Our Privacy Policy governs your use of our Service and explains how we collect, safeguard, and disclose information from your use of our web pages. Please read it here [URL]

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”).

Accessing our website [insert website URL] and utilizing our diverse services, including analytics, publishing, and engagement tools, signifies you acknowledge that you have read and understood the agreements, and agree to be bound by them. If you do not agree with (or cannot comply with) Agreements, then you may not use the Service let us know by emailing support@highperformr.ai. These Terms apply to all visitors, users, and others who wish to access or use the Service.

Who we are: Highperformr ("Highperformr", "we", "us", "our"), is your go-to Social CRM and Social Media Management Software, designed to amplify your online presence. Highperformr is committed to empowering professionals and businesses with advanced tools to manage their social media interactions, driving meaningful connections, enhanced insights, and substantial growth across various industries.

Registration and Access

Minimum Age: By accessing or using any of the Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you must have your parent or legal guardian’s permission to use the Services

Registration: When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for all activities or actions under your account and password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Using our services

What you can do: You may use the Service only for lawful purposes and you must comply with all applicable laws as well as any other documentation, guidelines, or policies we make available to you.

What you cannot do: You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not use our services:

In any way that violates any applicable national or international law or regulation.
To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. (d) To impersonate or attempt to impersonate a Company, a Company employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend the Company or users of Service or expose them to liability.
In any way that infringes on Twitter’s Terms of Service (available at https://twitter.com/tos), including but not limited to spamming related to tweets, mentions, replies, retweets, and direct messages.
Should you infringe on Twitter’s Terms of Service by using Highperformr.ai, you will be solely responsible should your Twitter account be subject to any action undertaken by Twitter. We also reserve the right to close your Higheprformr.ai account if we recognize such prohibited activity, to preserve the security of the other users.
Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service.
Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
Attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify the Company's rating. Otherwise, attempt to interfere with the proper working of the Service

Account, Pricing, and License

Free trial: Highperformr Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period (“Free Trial”). You may be required to enter your billing information to sign up for a Free Trial. On the last day of the Free Trial period, unless you have canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, Highperformr Ltd reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

Purchases: If you wish to purchase any product or service made available through our Service, you may be asked to provide certain relevant information including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services to facilitate payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Subscriptions: Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact conditions unless it is canceled. You may cancel your Subscription renewal either through your online account management page or by contacting Highperformr Ltd.'s customer support team.

A valid payment method, including a credit card, is required to process the payment for your subscription. You shall provide Highperformr Ltd. with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Highperformr Ltd. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Higheprformr Ltd. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If you are eligible for a discount, know that you cannot use more than 1 (one) discount per subscription.

Fee changes: Highperformr Ltd, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Highperformr Ltd will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

License: Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, non-assignable, worldwide, limited license to use our Services that you have ordered and paid for solely for your internal business purposes only by these Terms unless earlier terminated. You may use our Services documentation solely in connection with your use of our Services. All rights not expressly granted to you in these Terms are reserved by Highperformr Ltd. and its licensors.

Refunds and Cancellation

Cancellation: Users may cancel their subscription at any time via their online account management portal, or by contacting the customer support team at support@highperformr.ai.

Refunds: All payments made, either in part or in full are non-refundable.

Termination: We reserve the right to refuse or terminate your account at any time for reasons including but not limited to the following-

Product or service availability, errors in the description or price of the product or service, errors in your order, or other reasons.
If fraud or an unauthorized or illegal transaction is suspected.
If we consider you have attempted to abuse our system. Such abuse includes, but is not limited to: using Highperformr.ai to circumvent Twitter's Terms of Service or Policy, starting multiple free trials, attempting to obtain several or unreasonable discounts on the product, and repeated attempts to avoid paying for our product and services.
If the account has been inactive for 12 months or more, we will notify impacted users before any dormant accounts are closed, to ensure users are informed and can opt-out.

Content, IP & SLA

Content: Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

Ownership: By posting Content on or through the Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity and is no responsibility if Higherformr.ai.

By posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. Highperformr Ltd. has the right but not the obligation to monitor and edit all Content provided by users.

AI: Users of Highperformr.ai may also use our artificial intelligence technology or copywriting services to obtain new Content. If this is your case, You are responsible for using this Content and will be responsible that this content does not violate any rights of any person or entity. In certain use cases, our artificial intelligence may create content that is deemed inappropriate or offensive. Highperformr Ltd. will not be held legally responsible if that happens.

Intellectual Property: All intellectual property rights related to Highperformr Ltd., including trademarks, service marks, trade names, logos, content (excluding Content provided by users or by our Content generation features), and the technology used to provide the services, are the exclusive property of Highperformr and its licensors. Your use of Highperformr grants no ownership or license rights in these intellectual properties, except as explicitly provided in these terms.

Services Level: We will make commercially reasonable efforts to keep our Services uninterrupted except for planned downtime for maintenance, upgrades, and updates for which we will use commercially reasonable efforts to provide at least [48] hours prior notice, or (ii) for unplanned downtime caused by any circumstance beyond our control, including acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, failures in computer, hardware, telecommunications, internet service provider or hosting facilities, power shortages and denial of service attacks. Despite our efforts, our Services or any functionality may from time to time encounter technical or other problems and may not continue uninterrupted. We are not responsible for any such problems, interruptions, any ongoing obligation to offer our Services or any functionality, or any damages resulting therefrom. We reserve the right to modify, suspend, or discontinue all or any part of our Services at any time for any reason without liability to you.

Marketing

Promotions: By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

Use of Name: You agree that we may use your name and logo to identify you as a Highperformr customer on our website or in other sales or marketing materials, provided that we will not issue any press release without your prior consent.

Analytics: We may use third-party Service Providers to monitor and analyze the use of  our Service.

Error Reporting and Feedback: You may provide us directly at support@highperformr.ai with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire, or assert any intellectual property right or other right, title, or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality or compensation for the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

General Terms

Third-party sites: Our Service may contain links to third-party websites or services that are not owned or controlled by Highperformr Ltd. Highperformr Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Highperformr Ltd SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEBSITES OR SERVICES THAT YOU VISIT.

Disclaimer Of Warranty: THESE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENT

Limitation of Liability: NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100).

Governing Law and Relationship: These Terms and Conditions, and any dispute arising from the use of Highperformr services, are governed by the laws of Delaware, United States. This jurisdictional choice ensures clarity and consistency in legal interpretations and enforcement. It is crucial to understand that engaging with Highperformr does not create a joint venture, partnership, employment, or agency relationship between you and Highperformr. Furthermore, Highperformr is not responsible for any representations, actions, or omissions on your part under this agreement.