Terms of Service

Effective Date: 5/19/2026

These Terms of Service ("Terms") govern your access to and use of the prfrm platform, website, and related services (collectively, the "Service") operated by prfrm Inc. ("prfrm," "we," "our," or "us").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

prfrm provides a performance marketing intelligence platform for agencies and advertisers. Features include integrations with third-party advertising platforms (including Google Ads and Meta), reporting, analytics, optimization recommendations, and related functionality.

We may add, modify, or remove features over time. Material changes that reduce functionality will be communicated in advance where reasonable.

2. Accounts

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information

• Maintain the security of your password and authentication credentials

• Notify us immediately of any unauthorized access to your account

• Be responsible for all activity that occurs under your account

You must be at least 18 years old and have authority to bind your organization to these Terms.

3. Customer Data and Ownership

"Customer Data" means data and content you or your authorized users submit, upload, or generate through the Service, including data PRFRM accesses from your connected third-party advertising platforms on your behalf.

• You retain all right, title, and interest in Customer Data

• You grant prfrm a limited, non-exclusive, worldwide license to host, process, and use Customer Data solely to provide and improve the Service

• You represent that you have all rights necessary to grant this license, including the right to connect any advertising accounts you connect to the Service

prfrm's use of personal data is governed by our Privacy Policy.

4. Third-Party Integrations

The Service integrates with third-party platforms including Google Ads and Meta. When you connect a third-party platform:

• You authorize prfrm to access and process data from that platform on your behalf

• You must have the right to grant that access (including from your clients, where applicable)

• Your use of those platforms remains subject to their own terms of service and policies

• prfrm is not responsible for the availability, accuracy, or behavior of third-party platforms

• If a third-party platform changes its terms, pricing, or API access, the Service may be affected

You are responsible for complying with the terms of every third-party platform you connect, including Meta's Platform Terms, Developer Policies, and advertising policies, and the Google Ads API Terms of Service.

5. Acceptable Use

You agree not to:

• Use the Service to violate any applicable law or regulation

• Use the Service in a way that violates the terms of any connected third-party platform

• Use the Service to create, manage, or promote ads that violate Meta's, Google's, or any other platform's advertising policies

• Attempt to gain unauthorized access to the Service or its underlying systems

• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where permitted by law

• Use the Service to send spam, malware, or harmful content

• Resell, sublicense, or provide the Service to third parties except as expressly authorized

• Use automated means to scrape or extract data from the Service except via documented APIs

• Interfere with or disrupt the integrity or performance of the Service

We may suspend or terminate access for violations of this section.

6. Fees and Payment

Fees, if any, will be set forth in a separate order form or subscription agreement. Unless otherwise stated:

• Fees are payable in advance and non-refundable

• We may change pricing with at least 30 days' notice for existing subscriptions

• Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law

7. Confidentiality

Each party may receive confidential information from the other. The receiving party agrees to protect such information with at least the same care it uses for its own confidential information and to use it only to perform under these Terms.

8. Intellectual Property

prfrm and its licensors retain all right, title, and interest in the Service, including all software, technology, content, and trademarks. These Terms do not grant you any rights other than the limited right to use the Service as described.

Feedback or suggestions you provide may be used by prfrm without restriction or compensation.

9. Termination

You may terminate your account at any time by contacting privacy@prfrm.ai or by using account deletion functionality within the Service.

We may suspend or terminate your access if:

• You materially breach these Terms and do not cure the breach within 30 days of notice (where curable)

• You violate Section 5 (Acceptable Use)

• We are required to do so by law or by a connected third-party platform

• We discontinue the Service

Upon termination:

• Your right to use the Service ends immediately

• We will delete or return Customer Data in accordance with our Privacy Policy and Data Deletion page

• Sections that by their nature should survive termination (including Sections 3, 7, 8, 10, 11, 12, and 13) will survive

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, PRFRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

prfrm does not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Service will meet your requirements.

prfrm does not guarantee any specific marketing outcomes, return on ad spend, or campaign performance. Marketing results depend on many factors outside our control.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• PRFRM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY

• PRFRM'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO PRFRM IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100)

12. Indemnification

You agree to indemnify and hold harmless prfrm and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service

• Your violation of these Terms

• Your violation of any third-party platform's terms or any applicable law

• Customer Data or the content of advertising you create or manage through the Service

13. Governing Law and Disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles.

Any dispute arising out of or related to these Terms or the Service will be resolved in the state or federal courts located in Delaware, and you consent to the exclusive jurisdiction of those courts.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated by email or through a notice in the Service. Your continued use of the Service after the effective date of revised Terms constitutes acceptance.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any order form or subscription agreement, constitute the entire agreement between you and prfrm

• Severability: If any provision is held unenforceable, the remaining provisions will continue in full force

• No Waiver: Failure to enforce any provision is not a waiver of that provision

• Assignment: You may not assign these Terms without our written consent. PRFRM may assign these Terms in connection with a merger, acquisition, or sale of assets

• Force Majeure: Neither party will be liable for delays or failures due to causes beyond reasonable control

16. Contact

prfrm Inc.
2810 N Church St #790711
Wilmington, DE 19802-4447
privacy@prfrm.ai