Performance AI Terms of Use
Our journey is driven by creativity, dedication, and the vision to grow with our community.
Last Updated: September 28, 2025
Effective Date: September 28, 2025
1. Eligibility; Accounts; No Professional Advice
Eligibility. You must be at least 16 years old to use the Site. If you access on behalf of an organization, you represent that you have authority to bind that organization.
Accounts. Some areas require an account or SSO. You are responsible for credentials, RBAC configuration, and all activity under your account. Notify us promptly of suspected unauthorized access at hello@getperformance.ai.
No professional advice. Content or outputs on the Site are informational only and not legal, medical, financial, or professional advice.
2. Acceptable Use (Site)
You will not (and will not encourage or permit others to):
– Unlawful/rights‑infringing use. Violate law; infringe, misappropriate, or violate others’ rights (privacy, publicity, intellectual property); disseminate malware, spam, defamatory, obscene, hateful, exploitative, or otherwise unlawful content.
– Security interference. Probe, scan, or test vulnerabilities; circumvent security or authentication; access, tamper with, or use non‑public areas.
– Scraping & automation. Access the Site via bots, spiders, crawlers, or scrapers; harvest content or data (including for model training) without our written consent; exceed or circumvent rate limits; or cache, frame, or mirror Site pages. Public search engines may crawl the Site solely to index content in accordance with our robots.txt.
– Re‑identification/unsafe use. Attempt to re‑identify individuals from de‑identified content; use outputs in safety‑critical systems (e.g., medical diagnosis, autonomous vehicles, aviation, nuclear, emergency services) where failure could cause harm.
– Reverse engineering. Decompile, reverse engineer, or otherwise attempt to derive source code where restricted by law.
– Benchmarking disclosure. Publish benchmarks or performance results of our models or Site features without our prior written consent.
Platform AUP. Use of Platform Services is further restricted by the Acceptable Use Policy incorporated into the Customer Agreement.
3. Your Submissions; Outputs; Feedback
Submissions. You retain rights in content you submit to the Site (“Submissions”). You grant us a non‑exclusive, worldwide, royalty‑free license to host, reproduce, process, and display Submissions solely to operate the Site and respond to your requests.
Outputs. AI‑generated content (“Outputs”) may be inaccurate, incomplete, or non‑unique; you are responsible for evaluating Outputs for accuracy, legality, and appropriateness before use. We make no warranties that Outputs are unique or non‑infringing.
Feedback. If you provide ideas or suggestions (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use, copy, modify, create derivative works, and commercialize the Feedback without attribution or restriction.
Privacy. Our Privacy Policy is incorporated by reference.
4. Intellectual Property; Open‑Source Notices; Trademarks
Our IP. The Site (text, graphics, UI, logos, software) is owned by or licensed to Performance AI and protected by law. Except for the limited license in Section 5, no rights are granted by implication or estoppel.
Open‑source. The Site and Platform may include open‑source components. Applicable licenses and attributions are listed at /open‑source‑licenses and control for those components.
Trademarks. “Performance AI” and associated marks are our trademarks. You may not use our marks without prior written consent.
5. License and Restrictions
Subject to these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable license to access and use the Site for lawful, internal business purposes. You may not: (a) copy, modify, or create derivative works of the Site; (b) resell, lease, or sublicense the Site; (c) remove proprietary notices; or (d) access the Site to build a competing product or service.
6. Third‑Party Services; Beta/Preview
The Site may reference third‑party services (AI model providers, cloud platforms, analytics, plugins) governed by their own terms and policies; we are not responsible for them. Features marked beta/preview/experimental are provided as is, may change or be discontinued at any time, and may include additional terms at enablement.
7. Availability; Force Majeure
We may modify the Site at any time. We do not guarantee uninterrupted availability. We are not liable for delays or failures caused by events beyond our reasonable control (including labor disputes, utility failures, acts of God, war, terrorism, civil disorder, epidemics, governmental action, or Internet/hosting provider failures).
8. Disclaimers
THE SITE AND ALL CONTENT (INCLUDING OUTPUTS) ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, AND TITLE. WE DO NOT WARRANT THAT THE SITE OR OUTPUTS WILL BE ACCURATE, RELIABLE, ERROR‑FREE, OR SECURE.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFORMANCE AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY. IN ALL CASES, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). Some jurisdictions do not allow certain limitations; some limitations may not apply.
10. Indemnification
You will defend, indemnify, and hold harmless Performance AI and our affiliates, officers, directors, employees, and agents from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your Submissions; (b) your use of the Site or Outputs in violation of these Terms or law; or (c) disputes between you and any third party.
11. DMCA; Copyright Agent
We respect intellectual‑property rights. If you believe content on the Site infringes your copyright, send a notice to our designated agent below containing: (i) a description of the copyrighted work and the material claimed to infringe; (ii) your contact information; (iii) a statement that you have a good‑faith belief the use is not authorized; (iv) a statement, under penalty of perjury, that the information is accurate and you are authorized to act; and (v) your physical or electronic signature. We may remove content and, where appropriate, terminate repeat infringers.
Designated Agent: Legal Department (DMCA Agent)
Address: 180 North Stetson Avenue, Ste 3500, Chicago, IL 60601
Email: hello@getperformance.ai (Subject: “DMCA Notice”)
Counter‑Notice. If you believe material was removed by mistake, you may send a counter‑notice with the information required by 17 U.S.C. §512(g). We may restore the material in accordance with the DMCA.
12. Export; Sanctions; Anti‑Corruption; Government Rights
Export/sanctions. You will comply with all applicable export control and sanctions laws. You may not use the Site if you are in an embargoed country or are a denied or restricted party.
Anti‑corruption. You will comply with applicable anti‑bribery and anti‑corruption laws (including the U.S. FCPA and U.K. Bribery Act).
U.S. Government end users. Any software or documentation provided via the Site are “commercial items” as defined at 48 C.F.R. §2.101; use is subject to these Terms.
13. Governing Law; Dispute Resolution
Governing law. These Terms are governed by the laws of the State of Delaware, excluding conflicts principles.
Arbitration; class waiver. Any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue of arbitration will be Chicago, Illinois. YOU AND PERFORMANCE AI WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Exceptions. Either party may bring individual claims in small‑claims court or seek injunctive relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or breach of confidentiality.
Opt‑out. You may opt out of arbitration by sending written notice to hello@getperformance.ai within 30 days of first accepting these Terms, stating your name, contact information, and your desire to opt out.
14. Termination
We may suspend or terminate access to the Site at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful. Upon termination, Sections 2–6 and 8–18 survive.
15. Accessibility; Third‑Party Links
Accessibility. We strive to make our Site accessible under WCAG 2.1 AA. If you need assistance or an accommodation, contact hello@getperformance.ai or visit /accessibility.
Third‑party links. The Site may link to third‑party websites; their privacy practices and terms govern your use of those sites.
16. Changes to These Terms
We may update these Terms from time to time. We will post changes to this page and update the “Last Updated” date. Your continued use of the Site after changes become effective constitutes acceptance.
17. Miscellaneous
Entire agreement. These Terms form the entire agreement between you and Performance AI regarding the Site.
Severability. If any provision is unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect.
Assignment. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
No waiver. Our failure to enforce a provision is not a waiver.
Notices. We may provide notices via the Site, email, or your account. You may contact us at hello@getperformance.ai or by mail: 180 North Stetson Avenue, Ste 3500, Chicago, IL 60601.
Equitable relief. You agree that breach of Sections 2, 4, or 5 may cause irreparable harm for which monetary damages are inadequate, and we may seek injunctive relief without posting bond.
Exhibit A - Platform Services Reference (Informational)
Platform Services (paid or trial) are provided under a Customer Agreement that typically includes: (i) security commitments (encryption, SSO/SAML with RBAC, audit logs, tenant segregation, optional customer‑managed keys); (ii) data‑handling terms (no training on customer content without explicit opt‑in; retention defaults; HIPAA BAA where applicable); (iii) SLAs/service credits; (iv) Acceptable Use Policy; and (v) Professional Services Terms/SOWs. This exhibit is informational only and does not modify your Customer Agreement.