These terms and conditions create a contract between you and Persus Corporation (“Persus”) (the “Agreement”). Please read the Agreement carefully. To confirm your understanding and acceptance of the Agreement, click “Agree.”
A. INTRODUCTION TO OUR SERVICES
This Agreement governs your use of Persus’ application (the “Licensed Application”) and services (the “Services”) on the Web or on mobile devices, through which our application tracks your degree of personal sustainability (Personal Sustainability Quotient or psQ) by tracking your degree of awareness and personal participation using the main sustainability indicators described by the GLOBAL COMPACT of the UNITED NATIONS. Using our psQ, we grade people’s degree of personal sustainability and motivate them to generate a new personal consciousness and create a new social status that values their individual participation in solving a collective environmental problem. To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
B. USING OUR SERVICES
PAYMENTS, TAXES, AND REFUNDS
Membership in Persus is free. Persus will connect you with companies and businesses that comply with sustainability criteria in their business model and practices.
Using our Services and accessing your Content may require a Persus ID. A Persus ID is the account you use across Persus’s ecosystem. Your account is valuable, and you are responsible for maintaining its confidentiality and security. Persus is not responsible for any losses arising from the unauthorized use of your account. Please contact Persus if you suspect that your account has been compromised.
You must be age 13 to create an account and use our Services.
SERVICES AND CONTENT USAGE RULES
Your use of the Services must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services is a material breach of this Agreement. Persus may monitor your use of the Services to ensure that you are following these Usage Rules.
- You may use the Services only for personal, noncommercial purposes.
- Persus’s delivery of Services does not transfer any commercial or promotional use rights to you, and does not constitute a grant or waiver of any rights of the copyright owners.
- You may not tamper with or circumvent any security technology included with the Services.
- You may access our Services only using Persus’s software, and may not modify or use modified versions of such software.
C. HOW DOES PERSUS WORK?
To access the services, users will generate a profile with their photograph and with the data they want to share.. For this first stage, you will connect through this profile with all other users of the app. In a second stage, our plan is that you will be able to “sustainabilize” yourself or include this indicator in your profiles in other social networks. The app will ask the user to fill out one or more questionnaires based on the principles from the United Nations Global Compact. The answers will be graded and averaged to calculate your level of consciousness and participation in the sustainable development that will position you in a certain category.
This grade will be shown graphically in your profile, in a simple, friendly and clear way. In order to construct this grade, your behaviors will be analyzed under different aspects and parameters. In addition to this, our plan is that Persus will offer all kinds of services to connect you with certified sustainable businesses so you can purchase products, goods and services in a responsible, sustainable way.
Persus will also detect opportunity areas for increasing your sustainability, providing suggestions and relevant information to strengthen these areas. Persus may integrate Non-Governmental Organizations that work globally in different aspects of sustainability to the app, so people interested in participating in sustainability can connect with them precisely in their weak areas.
Persus will measure your sustainable daily behavior through one metric with one unique, integral and universal grade.
It will give you information about Sustainable Development and its measurement metrics
It will give you objective information about your participation in Sustainable Development based on your actions in your daily life.
It will grade you following universally established parameters and metrics.
It will provide you with suggestions about how to improve your habits and actions and how to improve your grade.
In the future, our plan is that it will connect you with businesses and companies affiliated with the United Nations Global Compact and with other socially responsible businesses to allow you to purchase products, goods and services in a responsible, sustainable way.
In the future, our plan is that it will connect you with civil and non-governmental organizations so that you can amplify your efforts and extend your range of action.
D. SUBMISSION GUIDELINES
Submission Guidelines: You may not use the Services to:
- post any materials that (i) you do not have permission, right or license to use, or (ii) infringe on the rights of any third party;
- post objectionable, offensive, unlawful, deceptive, inaccurate, or harmful content;
- post pornographic content of any type;
- post personal, private or confidential information belonging to others;
- request personal information from a minor;
- impersonate or misrepresent your affiliation with another person, or entity;
- post or transmit spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
– post, modify, or remove a rating or review in exchange for any kind of compensation or incentive;
- post a fake rating or review;
- plan or engage in any illegal, fraudulent, or manipulative activity.
E. PERSONALIZED RECOMMENDATION FEATURES
The Services may recommend products to you based on your downloads, purchases and other activities. You may opt out from receiving such personalized recommendations for some Services in your account settings.
Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give Persus permission to collect and store certain data, including but not limited to data about your device activity, location, and usage. Please carefully read the information presented when you turn on these features.
F. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
G. LIMITATION OF LIABILTY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
H. COMPLIANCE WITH LAWS
You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The Licensed Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
I. GOVERNING LAW
Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and Persus shall be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You and Persus agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Miami-Dade, Florida to resolve any dispute or claim arising from this Agreement.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
J. CONTRACT CHANGES
Persus reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
K. THIRD-PARTY MATERIALS
Persus is not responsible or liable for third party materials included within or linked from the Licensed Application or the Services.
L. INTELLECTUAL PROPERTY
You agree that the Licensed Application contains proprietary information and material that is owned by Persus and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
The Persus name, the Persus logo and other Persus trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Persus in the U.S. and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.
M. TERMINATION AND SUSPENSION OF SERVICES
If you fail, or Persus suspects that you have failed, to comply with any of the provisions of this Agreement, Persus may, without notice to you: (i) terminate this Agreement and/or your Persus ID, and you will remain liable for all amounts due under your Persus ID up to and including the date of termination; and/or (ii) terminate your license to the software; and/or (iii) preclude your access to the Services.
Persus further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and Persus will not be liable to you or to any third party should it exercise such rights.
N. DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
PERSUS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME PERSUS MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OR ACTIVITY IN CONNECTION WITH THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY PERSUS) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL PERSUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY INJURY, LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, STATES OR JURISDICTIONS, PERSUS’S LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.
PERSUS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE PERSUS FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
PERSUS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE PERSUS FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES.
PERSUS IS NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICES.
O. WAIVER AND INDEMNITY
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PERSUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY PERSUS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM PERSUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PERSUS’ CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
P. OTHER PROVISIONS
This Agreement constitutes the entire agreement between you and Persus and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and Persus. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Persus’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Persus will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. No Persus employee or agent has the authority to vary this Agreement.
Persus may notify you with respect to the Services by sending an email message to your email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately. Persus may also contact you by email or push notification to send you additional information about the Services.
You hereby grant Persus the right to take steps Persus believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Persus has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as Persus believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Persus’ right to cooperate with any legal process relating to your use of the Services, and/or a third-party claim that your use of the Services is unlawful and/or infringes such third party’s rights).
Children under the age of majority should review this Agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.