Terms of Use
Last updated: October 26, 2026
These Terms of Use (the “Terms”) are an agreement between you and PerkUp, Inc. (“PerkUp”, “we”, “us”, “our”). They govern our public websites; the use of our platform by the people who redeem rewards, hold balances, place orders, and receive gifts on it; and self-serve organizational use that is not covered by a signed agreement. Please read Section 3 first: if you use PerkUp under your organization’s agreement with us, that agreement — not these Terms — governs that use.
1. Who we are and how to reach us
1.1. PerkUp, Inc. is a Delaware corporation with offices at 651 N Broad St, Suite 206, Middletown, DE 19709, USA.
1.2. Contact us at:
help@perkupapp.com — support and general questions about your account, rewards, or orders, including refund requests (Section 6.2).
legal@perkupapp.com — legal notices, privacy requests, copyright and other intellectual-property complaints, and withdrawal notices (Section 7.6).
security@perkupapp.com — security incidents, vulnerabilities, and compromised credentials.
2. Acceptance and eligibility
2.1. Acceptance. By accessing or using the Platform or the Services, you accept these Terms. If you do not agree, do not use the Platform or the Services.
2.2. Age. The Services are for adults. You must be at least 18 years old, or the age of majority where you live if higher. Prepaid card features additionally require your date of birth, which the card issuer requires (Section 6.4).
2.3. Credentials. You are responsible for keeping your login credentials confidential and for the activity on your account, as described in Section 5. If you believe your credentials have been compromised, tell us promptly at security@perkupapp.com.
3. Order of application
This section decides which document governs you. It controls over everything else in these Terms.
3.1. Organizational use under an Order Form. If you access or use the Platform by or on behalf of an Organization that has executed an Order Form referencing the PerkUp Master Services Agreement published at perkupapp.com/legal/msa (the “Master Services Terms”), or under another written services agreement with PerkUp, that agreement — together with its Data Terms (defined in Section 4) — governs that Organization’s, its affiliates’, and their Authorized Users’ access and all Orders. In any conflict for that use, that agreement prevails over these Terms. Nothing in these Terms — including the withdrawal, guarantee, delivery, liability, suspension, or changes provisions — amends, supplements, or creates rights or obligations under any such agreement, and these Terms are not an entire agreement as to any subject matter such an agreement covers.
3.2. Member and Recipient use. If you use the Platform as a Member of an Organization, or as a Recipient of a gift, reward, or swag — including visiting or purchasing in an Organization’s swag store or redemption page — these Terms govern your relationship with PerkUp, together with your Organization’s Program Policy. Program design — funded amounts, eligibility, redemption windows, and the expiry of employer-funded rewards — is your Organization’s choice under its agreement with PerkUp, and PerkUp administers those choices. Your Organization’s Program Policy never reduces the protections these Terms give funds you load from your own payment methods (Section 6.2). Gift cards are subject to the issuer’s terms, prepaid cards to the issuing bank’s cardholder terms, and marketplace or other third-party-fulfilled items to the third party’s terms (Sections 6.3 to 6.5).
3.3. Self-serve organizational use. If you use the Platform for or on behalf of an Organization that has not executed an Order Form, these Terms incorporate the posted Master Services Terms for that organizational use. In any conflict as to that use, the Master Services Terms prevail over the rest of these Terms, and provisions of these Terms that apply only to Consumers do not apply to it. This includes the Master Services Terms’ provisions on prepaid balances, Custom Goods, acceptable use, trade compliance, liability, subscriptions, and renewal, and their Data Terms (Section 15.1 of the Master Services Terms), which apply to that organizational use with your Organization as the Customer. For that use, references in the Master Services Terms or the Data Terms to an Order Form, to the customer identified on one, or to terms or amounts stated on one, are read as references to your Organization and to the subscription plan, term, and fees presented to and accepted by your Organization at sign-up or checkout. If your Organization’s subscription renews automatically, then before your Organization subscribes we will disclose, clearly and conspicuously and before collecting any payment method, that the subscription continues until cancelled, the length of each renewal term, the renewal price or how it is set, how often your Organization is charged, any deadline for notice of non-renewal, and how to cancel; we will obtain express affirmative consent to those automatic-renewal terms; and we will send a confirmation that restates them and how to cancel. A subscription purchased online can be cancelled online, at least as easily as it was purchased, with effect no later than the end of the then-current term. Where the renewal term is longer than one month, we will send a renewal reminder — stating the renewal term, the amount to be charged, the deadline for notice of non-renewal, and how to cancel — before that deadline, and in any event with the timing, contents, and delivery method applicable law requires.
3.4. Visitors. If you only browse our public websites, these Terms alone govern that use.
3.5. Mandatory law. Nothing in this section or these Terms limits rights you have under mandatory law that cannot be waived by agreement.
4. Definitions
Capitalized terms carry these meanings. Terms defined in the Master Services Terms — including Goods, Custom Goods, Order, Order Form, Authorized User, Customer Materials, and Proof — have the same meanings here.
“Platform” means PerkUp’s hosted software platform, including its swag stores, reward and recognition features, ordering, inventory, and reporting surfaces, and related applications and documentation. “Services” means, for these Terms, the Platform and the services PerkUp provides through it.
“Organization” means a company or other entity that uses PerkUp to run reward, recognition, gifting, or swag programs.
“Member” means an individual who holds a PerkUp account in connection with an Organization — typically an employee the Organization has invited or provisioned.
“Recipient” means an individual who receives a gift, reward, or swag through the Platform, whether or not they hold an account, including clients, candidates, and event attendees.
“Visitor” means anyone who browses our public websites or a public swag store or redemption page.
“Program Policy” means the choices an Organization makes for its programs — funded amounts, eligibility, redemption windows, product selection, and the expiry of rewards it funds.
“Personal Funds” means funds a Member loads from the Member’s own payment method, as described in Section 6.2.
“Consumer” means an individual acting for purposes outside their trade, business, craft, or profession. “European Consumer” means a Consumer who habitually resides in the European Economic Area or the United Kingdom.
“Master Services Terms” has the meaning given in Section 3.1 — the PerkUp Master Services Agreement published at perkupapp.com/legal/msa, which the Data Terms also refer to as the Master Services Terms. “Data Terms” means the PerkUp Data Processing Addendum published at perkupapp.com/legal/dpa or, for an Organization that has executed a data processing or security addendum with PerkUp, that executed addendum.
The model withdrawal form referenced in Section 7.6 appears in Annex A, which is part of these Terms.
5. Accounts and provisioning
5.1. How accounts are created. You may get a PerkUp account because your Organization invited you by email, because its HR or directory system provisioned an account for you automatically, because you followed a reward link, because you created one in a swag store, or because you signed up to create an Organization yourself. All of these are permitted. Your Organization controls membership in its programs: it may add, deactivate, or remove Member accounts through its administrators and its connected HR or directory integrations, and PerkUp acts on those instructions.
5.2. Automation and agents. Actions taken through your account — by you, by software acting under your credentials (including automation tools, integrations, and AI agents you enable), or by a third party you authorize to act for you — are your actions and bind you. The same rule applies to Organizations under the Master Services Terms. You may not create accounts by automated means except through provisioning and integrations that PerkUp or an Organization authorizes (such as HR directory sync) or through PerkUp’s documented interfaces.
5.3. Account security and sharing. Keep your credentials confidential and do not share your account, except that you may authorize an agent or service to act under your credentials as described in Section 5.2, and an Organization may authorize third parties to operate its accounts under its agreement with PerkUp. You are responsible for activity under your credentials. You are not responsible for activity to the extent it results from PerkUp’s breach of its security obligations, or for activity that occurs after we receive your report that your credentials are compromised, and nothing in these Terms makes you liable for unauthorized transactions beyond what Regulation E or another applicable payment-protection law allows (Section 6.2(e)). If you report unauthorized activity promptly and in good faith, we will investigate and reverse unauthorized orders not yet produced or shipped, restoring the affected balance. Report compromised credentials to security@perkupapp.com.
5.4. Accurate information. Keep the contact and delivery information on your account accurate. We use it to deliver rewards and Goods and to send the notices described in Section 15.3.
5.5. Support access. Authorized PerkUp personnel may access account data as needed to provide support, operate the Services, and investigate abuse, under access controls and the commitments in our privacy policy and, where applicable, the Data Terms.
6. Members and recipients: rewards, balances, and your money
PerkUp handles several kinds of value. Each has its own rules. PerkUp is not a bank; balances on the Platform are not bank or deposit accounts and are not insured by the FDIC or any deposit-guarantee scheme.
6.1. Rewards and balances your Organization funds. Value that your Organization funds — reward budgets, recognition awards, gift entitlements, redemption-page allowances — is promotional and award value provided by your Organization, not value you purchased. Your Organization’s agreement with PerkUp and its Program Policy govern it: your Organization decides amounts, who is eligible, what can be redeemed, redemption windows, and whether and when a reward expires. An expired or unclaimed reward returns to your Organization; the money behind it stays in your Organization’s balance, which under our agreements with Organizations is never forfeited to PerkUp. When a reward is granted, it is identified as award or promotional value on the reward itself, and the Platform shows you its expiration date, if your Organization set one. Unless your Organization has turned off reminder emails for the program or you have unsubscribed from them, we send a reminder to the contact details on your account before the reward expires. If a law that applies to you limits or prohibits expiration of, or fees on, a reward notwithstanding its award or promotional character, that law controls over the Program Policy. Organization-funded rewards cannot be redeemed for cash from PerkUp except where your Organization’s program allows a balance conversion or applicable law requires it, and they cannot be transferred to someone else unless the program allows it. Value converted from an Organization-funded reward into a balance you control remains Organization-funded value under this Section 6.1, governed by the program’s rules shown to you at conversion, unless those rules state it becomes spendable value that survives account action — in which case Section 12.3 protects it like Personal Funds (Section 6.2’s refund right applies only to funds you loaded). Program invitations, reward notifications, and reminders are sent to the contact details on your account; reminder emails include an unsubscribe link, and opting out of reminders does not affect transactional notices about your orders and account.
6.2. Funds you load yourself (Personal Funds). Some Members can load funds from their own payment method to spend on the Platform. These Terms are the terms referred to in Section 9.4 of the Master Services Terms — “PerkUp’s terms with that member” — and this Section 6.2 states the terms for those funds:
(a) Your property. Personal Funds are your money. They are not your Organization’s property, are kept in a ledger separate from Organization balances, and your Organization never pays for or controls them. Personal Funds can be used only to buy from PerkUp through the Platform or to be refunded to you under Section 6.2(c); they cannot be transferred to another person, used to pay anyone other than PerkUp, or withdrawn at an ATM.
(b) Never forfeited. Personal Funds never expire and are never forfeited. They carry no dormancy, inactivity, or service fees. They survive suspension, deactivation, or deletion of your account and the end of your relationship with any Organization. If a fee applies when you load funds, we disclose it before you pay, and it never reduces funds already loaded.
(c) Refundable. You may request a refund of your unused Personal Funds at any time by contacting help@perkupapp.com, and we pay it within 30 days of your request. Closure of your account — by you, by us, or by your Organization removing you — does not affect this right: your unused Personal Funds remain refundable on request to help@perkupapp.com, and balances we cannot return to you are handled under Section 6.2(d). Refunds go to your original payment method where practicable, or another reasonable method agreed with you. A refund never exceeds your Personal Funds balance: the amounts you loaded, less what you spent from them, with amounts re-credited or reimbursed to your balance (after a cancellation, withdrawal, or reversal) counted as unspent. Where your state or country’s law gives you the right to redeem small balances in cash, we honor it.
(d) Unclaimed property. Balances we cannot return to you are handled under applicable unclaimed-property and escheat law — delivered to the state or authority the law directs, never kept by PerkUp. A balance delivered to a state or authority remains yours to claim from that state or authority’s unclaimed-property program.
(e) Errors. If you believe a load, charge, or balance is wrong, contact help@perkupapp.com. Where Regulation E or another payment-protection law applies to your balance, its error-resolution procedures govern and nothing in these Terms limits them. A load that your card issuer refunds or reverses is removed from your balance.
6.3. Gift cards and vouchers. Gift cards and vouchers available through the Platform are issued and fulfilled by third-party issuers and are governed by the issuer’s terms, including expiry, redemption, and fees set by the issuer. Value passes to you at face value, without markup by PerkUp. PerkUp is not the issuer and does not vary the issuer’s terms. Where you purchase a gift card with your own money and the law of your state or country prohibits or limits expiration or fees on purchased gift cards, that law applies notwithstanding the issuer’s terms.
6.4. Prepaid cards. Prepaid cards offered through the Platform are issued by a partner bank and governed by the issuing bank’s cardholder agreement, including the expiration dates and spending controls disclosed to you when you receive the card. You must be at least 18 to become a cardholder, and we collect your date of birth on the issuer’s behalf for that purpose. These Terms do not restate or change the bank’s cardholder terms.
6.5. Redeeming through third-party catalogs. Some catalog items — including Amazon items — are sourced from third parties. For Amazon redemptions, PerkUp places the order with Amazon Business as the buyer; you do not contract with Amazon, though availability, recalls, and manufacturer warranties for those items still come from Amazon and the manufacturer. Other third-party-fulfilled items, including alcohol fulfilled by licensed vendors, are subject to the fulfilling third party’s terms, and product availability, recalls, and warranties for those items sit with that third party. For items PerkUp buys from a third party to fulfill your redemption or order, PerkUp passes through to you the benefit of the warranties and remedies it receives as the buyer, and Section 7.7(b) and your statutory rights are unaffected. Where a gift allows it, you may swap the selected item for another or convert it per the program’s rules.
6.6. Redemption pages and gifts. Redemption pages let you pick a product and submit a shipping address, at no charge from PerkUp; your Organization or the sender funds fulfillment. Per-person limits, product selections, access codes, and claim windows are set by the sender. A gift is an entitlement to the product or value the sender chose; it is not cash and cannot be claimed in cash from PerkUp except as Section 6.1 provides. For some international deliveries your country may charge import duties or taxes on delivery unless the sender prepaid them; these are imposed by the destination country, not charged by PerkUp. Where the destination requires customs information from you (such as a local identification or tax number), we collect it with your delivery details.
6.7. Swag stores; guest purchases. Organizations can run swag stores that anyone may browse. If you purchase in a store with your own payment method — as a Member or a guest — Section 7 governs your purchase. Guests pay with their own card only; a store session can never spend an Organization’s funds, and store sessions may update only their own name and shipping addresses.
6.8. Delivery information. To deliver Goods we collect the recipient’s name, shipping address, and contact details, any identifiers destination-country customs clearance requires, and the order details — contents, sizing, and personalization — needed to produce and clear the shipment, and share them with production suppliers, fulfillment partners, carriers, customs brokers, and customs authorities as needed to produce, clear, deliver, and support the order — see Section 10 and our privacy policy.
7. Purchases and payments
This section applies when you buy something from PerkUp with your own money — Personal Funds loads, Member-paid purchases, and guest store purchases. Redemptions funded by your Organization do not create a payment obligation for you. Purchases by or for an Organization under an agreement described in Section 3.1 or 3.3 are governed by that agreement.
7.1. Placing an order. When you submit an order and your payment is authorized, a contract for that order is formed and you owe the displayed total. We may decline or cancel an order where we cannot verify payment, where the order violates Section 9 (including the Prohibited & Restricted Items Policy in Section 9.2), where screening under Section 9.4 requires it, or where there is an obvious pricing or listing error; if we cancel after you paid, we refund what you paid for the cancelled items. Title to Goods you pay for yourself passes to you on payment in full. If you are a Consumer, risk of loss passes when you, or a third party you designate other than the carrier, take physical possession of the Goods; otherwise it passes on tender to the carrier. For purchases under an organizational agreement, title and risk pass as that agreement provides.
7.2. Prices, currency, and taxes. The price of your order, delivery charges, and any taxes and fees PerkUp itself charges are shown at checkout before you pay, and the total displayed when you place the order is the total you owe PerkUp. The price displayed for an item, or for a load of Personal Funds, includes every mandatory charge PerkUp itself imposes other than taxes and delivery charges, which are itemized separately before you pay; we do not add a mandatory PerkUp fee at checkout that the displayed price did not include. Prices may be displayed in your local currency for convenience; unless stated otherwise at checkout, payment is processed in US dollars, and your card issuer’s exchange rate and fees may apply. Where PerkUp is required to collect sales tax, VAT, or similar amounts on your purchase, they are shown before you pay. International deliveries may be subject to import duties, import VAT, and carrier or customs fees collected at or after delivery; these are imposed by the destination country, are not charged by PerkUp, and — unless they were included in your checkout total — are the recipient’s responsibility. Where mandatory consumer law makes you responsible for a charge only if it was disclosed before you ordered, that law applies.
7.3. Payment processing. Payments to PerkUp are processed by Stripe, a PCI-DSS Level 1 certified payment processor. Payment-card details are collected directly by Stripe; PerkUp does not store cardholder data and retains only payment tokens and non-sensitive payment metadata, such as card brand, last four digits, and expiration date. Organizations may also fund by invoice or prepaid balance under their agreements.
7.4. Delivery dates. If you are a Consumer, the delivery date or window stated at checkout is the agreed delivery time; if we fail to deliver within it, you keep your statutory remedies, including the right to set an additional reasonable period and then cancel for a refund where the law provides it. Otherwise, delivery and shipping dates and windows shown in the Platform, at checkout, or in notifications are good-faith estimates based on current production and carrier data, not commitments.
7.5. Custom Goods are final sale. Goods that are decorated, branded, printed, engraved, kitted, personalized, or otherwise made to your or your Organization’s specifications are made for you and are final sale: they may not be returned, exchanged, or refunded except under Section 7.7 (defects). For European Consumers: you do not have a right of withdrawal for goods made to your specifications or clearly personalized for you — for example, where you choose, upload, or configure the design, personalization, or decoration of the item you buy (Section 7.6(c)) — and we tell you so here. If you buy an item whose design you did not specify — for example, a pre-designed item in an Organization’s swag store — Section 7.6 applies to your purchase even where the item is produced on demand.
7.6. Right of withdrawal — European Consumers. If you are a European Consumer buying from PerkUp at a distance, you have the right to withdraw from the contract within 14 days, for any reason and without justification.
(a) Period. For goods, the period ends 14 days after the day you, or a third party you designate other than the carrier, take physical possession of the goods — or of the last item, where one order is delivered in parts. For services and for digital content not supplied on a tangible medium, the period ends 14 days after the day the contract is concluded.
(b) How to withdraw. Tell us by an unequivocal statement before the period ends — by email to legal@perkupapp.com or help@perkupapp.com, or by post to PerkUp, Inc., 651 N Broad St, Suite 206, Middletown, DE 19709, USA. You may use the model withdrawal form in Annex A, but you do not have to. It is enough to send your notice before the period expires.
(c) Exceptions. The right of withdrawal does not apply to:
goods made to your specifications or clearly personalized, including Custom Goods made to your specifications or personalized for you;
sealed goods unsuitable for return for health-protection or hygiene reasons, once unsealed;
goods liable to deteriorate or expire rapidly;
sealed audio, video, or software, once unsealed;
services, once fully performed, where performance began with your prior express consent and your acknowledgment that you lose the right once the contract is fully performed; and
digital content not supplied on a tangible medium — such as digital gift cards and digital rewards delivered immediately — where supply began with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal, and our confirmation of the contract.
Where we supply digital content or begin a service before the withdrawal period ends, we ask for the required consent and acknowledgment before supply; if we have not obtained them from you, your right of withdrawal is unaffected.
(d) Returns and reimbursement. If you withdraw, we will give you the return address with our acknowledgment of your withdrawal, and in any event within 3 days of your notice; if we do not, you may return the goods to the address in Section 1. Send the goods back without undue delay and at the latest within 14 days of your notice. You bear the direct cost of returning the goods; if goods cannot normally be returned by post because of their size or weight, returning them by courier or freight typically costs approximately the cost of standard delivery of those goods to you — where your delivery was free or discounted, expect the carrier’s standard rate for a shipment of that size and weight. We reimburse all payments received from you for the withdrawn purchase, including standard delivery charges (but not the extra cost of a delivery option more expensive than our least expensive standard delivery), without undue delay and within 14 days of your withdrawal notice, using the same means of payment you used unless you expressly agree otherwise; you pay no fee for the reimbursement. We may withhold reimbursement until we receive the goods back or you supply proof of having sent them, whichever is earlier. You are liable only for any diminished value of the goods resulting from handling beyond what is needed to establish their nature, characteristics, and functioning.
7.7. Defects and claims. We warrant (for Consumer purchases, this is a Limited Warranty) that Goods will conform in all material respects to the design, Proof, or listing shown before production, within normal production tolerances; product images and mockups are illustrative of the design, and minor variations in color and placement inherent to production processes are not defects.
(a) Business and organizational purchases. Report any claim that delivered Goods materially deviate from the approved Proof or design, or that an order was fulfilled inaccurately, within 30 days after delivery, with reasonable supporting detail — photos suffice — to help@perkupapp.com. PerkUp will, at its option, reprint or replace the nonconforming units or credit their price. That is the sole and exclusive remedy for nonconforming Goods on business and organizational purchases, and claims not reported within the window are waived.
(b) Consumer purchases. If you buy as a Consumer, this Limited Warranty covers nonconformity present at delivery and lasts for one year from delivery. To make a claim, email help@perkupapp.com with your order details and photos of the issue; we will, at no charge and within a reasonable time, reprint or replace the nonconforming Goods or refund their price. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Your statutory rights apply and nothing in these Terms limits them. In the European Economic Area and the United Kingdom that includes the legal guarantee of conformity — for goods, at least 2 years from delivery in the EEA; for digital content and digital services, including digital gift cards and digital rewards you purchase, the conformity rights of Directive (EU) 2019/770 as implemented where you live; and in the UK, the remedies of the Consumer Rights Act 2015 for goods and digital content — all of which apply independently of any time limit in these Terms. The 30-day window and sole-remedy ladder in (a) do not cut off a Consumer’s statutory conformity remedies; reporting early simply helps us fix things faster.
8. Your content and intellectual property
8.1. You own your content. You keep all ownership of the content you provide — logos, artwork, designs, photos, fonts, recognition messages, and other materials (“Your Content”). Your Organization’s Customer Materials are licensed to PerkUp under the agreement described in Section 3.1 or 3.3. Nothing in these Terms transfers ownership of either to PerkUp.
8.2. License to produce and display. You grant PerkUp and its subcontractors — including logistics providers and production suppliers — a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify (for production and proofing purposes), and display Your Content solely to provide the Services: creating Proofs, mockups, and production files; decorating, producing, and fulfilling Goods; operating stores and redemption pages you or your Organization configure; and retaining copies as reasonably needed for records and reorders. The license ends when it is no longer needed for those purposes, except for record and reorder copies.
8.3. Your promise. You warrant that you hold the rights, licenses, and consents needed for every mark, logo, design, photo, and other material you submit — including, for any identifiable person who appears or is named in it, any consent needed to use their name, image, or likeness on the items ordered — and that Your Content does not infringe or misappropriate anyone’s intellectual-property, publicity, privacy, or other rights or violate law.
8.4. Copyright complaints. If you believe content on the Platform infringes your copyright, send a notice to our designated agent: PerkUp, Inc., Attn: Legal — DMCA, 651 N Broad St, Suite 206, Middletown, DE 19709, USA; legal@perkupapp.com. Your notice must include: (i) your physical or electronic signature (or that of a person authorized to act for the copyright owner); (ii) identification of the copyrighted work you claim is infringed; (iii) identification of the allegedly infringing material and information reasonably sufficient to let us locate it, such as the URL of the store or page where it appears; (iv) your name, address, telephone number, and email address; (v) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright you claim is infringed. We remove or disable access to material expeditiously in response to valid notices and take reasonable steps to promptly tell the user who posted it. That user may send a counter-notice to the same agent and addresses, including: their physical or electronic signature; identification of the removed material and where it appeared before removal; a statement under penalty of perjury of a good-faith belief that the material was removed or disabled by mistake or misidentification; and their name, address, and telephone number, with consent to the jurisdiction of the federal district court for that address (or, for an address outside the United States, any judicial district in which PerkUp may be found) and agreement to accept service of process from the person who sent the notice or their agent. We forward valid counter-notices to the original complainant and, unless they notify us within 10 business days that they have filed a court action to restrain the alleged infringement, we may restore the material within 10 to 14 business days. Knowingly materially misrepresenting that material is infringing, or that it was removed by mistake, can make the sender liable for damages under 17 U.S.C. § 512(f). We terminate the accounts of repeat infringers in appropriate circumstances. The same addresses take other intellectual-property complaints.
8.5. PerkUp’s intellectual property. The Platform, the Services, and PerkUp’s own content — software, design, text, graphics, and trademarks — belong to PerkUp or its licensors. We grant you a non-exclusive, non-transferable license to use the Platform and to download and use content we make available, for your use of the Services under these Terms. For paid or organizational use, that license lasts as long as the applicable paid or organizational term and any agreement governing it. This section does not limit your rights in Your Content, anything you have a separate agreement or license for — including Proofs, mockups, designs, and production files PerkUp creates for you or your Organization, which you may download and use for your own business purposes per that agreement or Section 8.2’s purpose — or rights you cannot waive. You may not copy, scrape, resell, or reverse-engineer the Platform except as law permits.
9. Acceptable use
9.1. Rules. Use the Services lawfully and as intended. Do not:
(a) break the law, including sanctions and export-control, anti-bribery, and consumer-protection law, or use the Services to do so;
(b) submit or order content that infringes others’ rights, or that is hateful, harassing, defamatory, obscene, exploitative of minors, or that incites violence;
(c) order, send, store, or request items that the Prohibited & Restricted Items Policy (Section 9.2) prohibits, or restricted items outside that Policy’s stated conditions;
(d) misuse recipient data — use addresses and contact details you obtain through the Platform only to send the gifts and rewards they were provided for;
(e) probe, overload, disrupt, or circumvent security of the Platform, or access it by unauthorized automated means (Section 5.2 describes what is authorized); or
(f) misuse payment or balance features, including fraud, money laundering, or structuring loads and refunds to move money rather than to buy things.
9.2. Prohibited and restricted items. Orders and sends are subject to PerkUp’s Prohibited & Restricted Items Policy, published at help.perkupapp.com (article 17711983). We will not receive, store, or fulfill prohibited items, and restricted items ship only under the stated conditions. We may update the policy from time to time — including with immediate effect where safety or law requires — and the version published when you place your order or send governs it.
9.3. Content refusal and removal. We may decline to print, produce, or ship any order whose content we reasonably believe violates these Terms or applicable law, including any order whose content a production supplier declines under its published content rules. We may also remove, disable, or restrict access to any of Your Content hosted or displayed on the Platform — including in swag stores, redemption pages, and recognition messages — where we reasonably believe it violates Section 9.1, the policy in Section 9.2, or applicable law, or where a court or authority requires it; where practicable we will tell you and say why. We may review content for these purposes, but we have no obligation to monitor or pre-screen it, and content provided by users and Organizations is theirs, not PerkUp’s.
9.4. Trade compliance. The Services and Goods are subject to U.S. and other applicable export-control and sanctions laws. You represent that you are not located in a country or region subject to comprehensive U.S. sanctions and are not on a U.S. or other applicable restricted-party list, and that, to your knowledge, no recipient or destination you designate is. We may screen orders, recipients, and destinations, and may refuse, suspend, or cancel any shipment we reasonably determine could violate export-control or sanctions laws; Section 7.1 governs refunds for a cancelled paid order, except where applicable law requires us to block or withhold funds.
10. Privacy
10.1. Privacy policy and sub-processors. Our privacy policy at perkupapp.com/privacy-policy explains what personal data we collect and how we use it, and our sub-processor list at perkupapp.com/legal/data-subprocessors identifies the sub-processors that process it for us, maintained and updated as the Data Terms describe.
10.2. Roles and requests. Where PerkUp processes Member and Recipient personal data to run an Organization’s programs, the Organization is the data controller (or, where it runs programs for its own clients, their processor) and PerkUp processes that data on its behalf under the Data Terms. Privacy requests about a program — including access and deletion — may therefore be fulfilled with or by your Organization; send them to legal@perkupapp.com and we will route them correctly. Where you buy from PerkUp directly — guest purchases and Personal Funds — PerkUp processes your data for that purchase and balance as an independent controller under our privacy policy. Carriers and customs authorities that receive delivery data act as independent controllers, as the Data Terms describe.
10.3. AI commitments. PerkUp’s commitments on AI-assisted features are stated in the Data Terms: PerkUp’s AI features do not send personal data to the AI sub-processors identified as such on our sub-processor list; PerkUp does not use customer data — including aggregated or de-identified data derived from it — to train, fine-tune, or improve generative AI or foundation models; and PerkUp’s AI sub-processors are contractually prohibited from using customer data to train their models. Nothing in these Terms grants PerkUp broader rights over Your Content or your data than the Data Terms and our privacy policy allow.
11. Disclaimers and limitation of liability
11.1. Disclaimers. The Platform and Services are provided “AS IS” and “AS AVAILABLE” to the extent permitted by law, and we do not promise uninterrupted or error-free operation. For purchases other than Consumer purchases, PerkUp disclaims all implied warranties and conditions on the Services and on Goods — including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement — to the extent permitted by law. If you buy as a Consumer, this paragraph does not disclaim or limit implied warranties or your statutory rights. This section does not limit the express warranty in Section 7.7 or the pass-through warranties of third-party issuers and vendors. Links to external sites and resources are provided for convenience; we are not responsible for third-party sites we do not control.
11.2. No indirect damages. To the extent permitted by law, neither you nor PerkUp is liable to the other under any theory for indirect, incidental, special, exemplary, or consequential damages, or lost profits, revenue, or data; a claim arising from PerkUp’s unauthorized disclosure or loss of your personal data is not excluded as lost data under this section.
11.3. Cap. To the extent permitted by law, each party’s total aggregate liability arising out of or relating to these Terms and the Services is limited to the greater of (a) the amounts you paid PerkUp in the 12 months before the first event giving rise to the claim and (b) US $100. The limitations in this Section 11 are an essential basis of the bargain between you and PerkUp and apply, to the extent permitted by law, even if a limited or exclusive remedy — including the remedy in Section 7.7(a) — fails of its essential purpose. This sentence does not limit a Consumer’s statutory remedies. For use governed by an agreement described in Section 3.1, or by the Master Services Terms as incorporated under Section 3.3, that agreement’s liability terms apply instead of this section.
11.4. Carve-outs. Nothing in these Terms limits or excludes liability for: fraud, gross negligence, or willful misconduct; death or personal injury caused by negligence or by defective Goods; or any liability that cannot be limited or excluded under applicable law. Nothing in these Terms limits your rights or remedies under applicable privacy or data-protection law to the extent that law does not allow them to be waived or limited — including statutory damages it provides and, if you are in the EEA or the UK, your rights as a data subject — and Sections 11.2 and 11.3 do not apply to that liability. Nothing in these Terms reduces your Personal Funds or your right to their refund (Section 6.2).
11.5. Consumer savings. If you are a Consumer (and when you use the Platform as a Member or Recipient in your personal capacity, you are one), you have rights under the law of your country of residence — including statutory guarantees and remedies — that cannot be waived or limited by contract, and nothing in these Terms limits them. Where your local law mandates a higher standard of protection than these Terms, the higher standard applies.
11.6. Australia. For Consumers in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Where we may lawfully limit remedies for a failure not amounting to a major failure, our liability is limited, at our option: for goods, to replacement or repair of the goods, supply of equivalent goods, or payment of the cost of replacement, repair, or equivalent goods; and for services, to resupply of the services or payment of the cost of resupply.
11.7. Indemnity. If your content, your unlawful use of the Services, or your violation of a third party’s rights causes a claim against PerkUp, you will defend and indemnify PerkUp against that claim to the extent permitted by law. For Consumers, this obligation applies only to the extent the claim results from your fault and is subject to the cap in Section 11.3.
12. Suspension and termination
12.1. By you. You may stop using the Services at any time. To close your account or request deletion of your data, contact help@perkupapp.com or legal@perkupapp.com; membership in an Organization’s programs is controlled by that Organization (Section 5.1), and data deletion follows Section 10.2.
12.2. By us. We may suspend or terminate access immediately and without prior notice only where reasonably needed to address a security risk, suspected illegality, or abuse of the Services or of other users. In all other cases we give notice and, where the problem can be fixed, a reasonable opportunity to fix it before suspending the affected use. Accounts linked to an Organization’s agreement get the notice-and-cure process that agreement provides. Suspension or termination never relieves either of us of amounts already owed.
12.3. What survives account action. Suspension, deactivation, or deletion of an account does not extinguish: your Personal Funds, which remain refundable under Section 6.2; Goods you have paid for that are in production or transit, which we will deliver or refund; a gift or reward you have already redeemed, whose resulting order is fulfilled under the terms that created it and is not cancelled by the account action; refunds and reimbursements you are owed; licenses already granted under Section 8 or an agreement; or any accrued claim either of us has. No clause of these Terms takes away money or goods you are entitled to because your account was actioned.
12.4. Discontinuation. If we discontinue the Services or a paid feature, we will give at least 30 days’ advance notice where practicable and honor or refund amounts paid for undelivered goods or unexpired paid periods, and Section 6.2 applies to Personal Funds.
13. Changes to these terms
13.1. Publication and versions. We may revise these Terms by publishing a new version at this address. Every version states the date from which it applies, and prior dated versions are available at this address or on request to legal@perkupapp.com.
13.2. Prospective effect and notice. Changes apply prospectively from their stated effective date. The version in effect at the time of the events giving rise to a dispute governs that dispute, and the version in effect when you place an order governs that order; changes are never retroactive. For a change that materially and adversely affects your rights, we will give notice — by email to the address on your account or, if we hold no email address for you, by prominent notice in the Platform — at least 30 days before it takes effect. If you do not agree, stop using the Services before the effective date and, if you hold Personal Funds, request their refund under Section 6.2. Continued use after the effective date is acceptance. A change that reduces the protections of Section 6.2 applies only to Personal Funds loaded on or after its effective date.
13.3. Organizational agreements. For use governed by an agreement described in Section 3.1, that agreement’s amendment rules — including the Master Services Terms’ deferral of material adverse changes to the next renewal term — control, and no change to these Terms alters them.
14. Governing law and disputes
14.1. Talk to us first. Most issues resolve fastest through help@perkupapp.com. For formal complaints, write to legal@perkupapp.com with a description of the issue and what outcome you seek; we will handle complaints and respond within 21 days of receipt. PerkUp is not obliged, and does not commit, to participate in dispute-resolution proceedings before a consumer arbitration board, without prejudice to your statutory rights and your access to the courts.
14.2. Governing law. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If you are a Consumer, you additionally benefit from the mandatory consumer-protection provisions of the law of the country — and, in federal countries such as the United States and Canada, the state or province — where you habitually reside.
14.3. Venue. The state or federal courts located in Wilmington, Delaware have exclusive jurisdiction over disputes arising out of these Terms, and each party consents to their jurisdiction and venue — except that, if you are a Consumer: (a) where the law of your place of residence entitles you to sue or be sued there, you may bring proceedings in the courts of your place of residence and we will bring proceedings against you only in those courts — if you reside in the European Union, the United Kingdom, Switzerland, Norway, or Iceland, this always applies; and (b) either of us may bring an individual claim that qualifies in the small-claims court for where you live. Nothing in this section deprives you of a forum that mandatory law gives you.
14.4. Jury waiver. For disputes between PerkUp and a party that is not acting as a Consumer, each party irrevocably waives, to the fullest extent permitted by law, any right to a jury trial in any action arising out of or relating to these Terms.
15. General
15.1. Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control — natural disasters, epidemics, war, labor disputes, government action, carrier, customs, or infrastructure failures, and the like — except for payment and refund obligations, and each of us will do what it reasonably can to mitigate. If such an event prevents delivery of a paid order for more than 30 days beyond the delivery date or window shown at checkout (or, if none was shown, for more than 60 days after you ordered), either of us may cancel the affected order and we will refund what you paid for the undelivered items. This does not limit a Consumer’s remedies under Section 7.4.
15.2. Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, provided the assignee assumes our obligations under them — including Section 6.2 — and we notify you; if an assignment would reduce your protections under these Terms, you may close your account (with Section 6.2 applying to Personal Funds).
15.3. Notices. We may give you notices by email to the address on your account or through the Platform. A notice we send by email is deemed given when sent to the most recent email address on your account, unless we receive an automated message that it could not be delivered — in which case we give the notice again through the Platform or to other contact details on your account, and it is deemed given when we do. Notices about your Personal Funds, account closure, suspension under Section 12.2, or a change under Section 13.2 are given by email where your account has one. Your account may hold more than one email address — your Organization or its directory integration can add a personal email for you, and you can ask us to add one at help@perkupapp.com. We use your most recent contact details for notices about your Personal Funds and account closure. Send legal notices to PerkUp at legal@perkupapp.com or the postal address in Section 1; they are effective on receipt.
15.4. Severability. If any provision of these Terms is held invalid or unenforceable, it will be reformed to the minimum extent necessary — or, where that is not possible, replaced by a valid provision that comes closest to its purpose, which the parties will seek to agree amicably where the law so provides — and the rest of these Terms remains in effect.
15.5. Entire agreement — scoped. These Terms, together with the documents they incorporate by reference (the policies in Sections 9.2 and 10.1, and Annex A), are the entire agreement between you and PerkUp on their own subject matter: your use of the public websites and the Platform as a Visitor, Member, Recipient, or self-serve user. They do not supersede, amend, or merge any executed or incorporated agreement — including the Master Services Terms, the Data Terms, an Order Form, or issuer and bank terms — and they are not an entire agreement as to any matter such an agreement covers.
15.6. No waiver. A failure to enforce a provision is not a waiver of it.
15.7. Third parties. These Terms create no rights in third parties, except that PerkUp’s suppliers and subcontractors may rely on the license in Section 8.2, and third-party issuers, banks, and vendors may rely on the pass-through provisions in Sections 6.3 to 6.5.
15.8. Survival. Provisions that by their nature should survive the end of these Terms, of your account, or of your use of the Services do survive — including Sections 6.1 and 6.2 (as to value, refunds, and unclaimed property), 7.5 to 7.7 (for orders already placed), 8, 9.1(d), 11, 12.3, 13.2 (the version rule), 14, and this Section 15.
Annex A — Model withdrawal form
This form is part of these Terms. It applies if you are a European Consumer withdrawing from a contract under Section 7.6. You may also withdraw by any other unequivocal statement.
(complete and return this form only if you wish to withdraw from the contract)
To PerkUp, Inc., 651 N Broad St, Suite 206, Middletown, DE 19709, USA; email: legal@perkupapp.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) Delete as appropriate.