Last Modified: November 12, 2014
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Perssist, because by using the Website you accept and agree to be bound and abide by these Terms of Service.
Should you disagree with some of the provisions herein, you can either leave the Website (although we'll be sad to see you go!), or contact us at firstname.lastname@example.org.
These Terms of Service are effective as of the "Last Modified" date identified at the top of this page. Perssist is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
Each request for work must be submitted via web app, email, or voice message. If you have several tasks that need to be done, send each request in separately. This will ensure quick turnaround and clear communication about each task.
All tasks have an associated check-in time for the assistant (default is 20 minutes). This helps to avoid wasted time by the assistant, so they can update you with an answer or partially completed task and see if more work should be done.
If a second task is needed based on the first task (for example, the information we find leads you to request more research), simply reply to the assistant's response as you would with any email, which will allow the same assistant to continue working on your request. If your assistant's reply at check-in doesn't satisfy you, reply to the original task, specify why you are not yet pleased, and they will try again at no extra charge up to the amount of time spent on the first check-in.
We do reserve the right to decide at our sole discretion if a task is outside the scope of our abilities or subject to other restrictions mentioned in these Terms of Service.
Under no circumstances will we spam people or do anything vaguely spammy as a task. If you have questions about whether or not we consider your request to be spam, please contact support.
We cannot, and will not, ever accept your credit card number for use in a task. You must not send us your credit card number to be used on a task. If we make a purchase for you, you will be billed after the fact via our secure processor. Your Perssist assistants will never see your credit card number; they will use a temporary, one-time use number to buy things for you that we generate on our own.
We are working hard on improving Perssist, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.
To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using Perssist in person. There is a password reset procedure in case you forget your password, but please notify us of any breach of security.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.
Your use of Perssist is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
In order to use this service, you pay a specific, monthly recurring fee for whichever plan you sign up for. For example, you probably pay us once a month for a month's worth of service. Once you've paid for a month (or for any other interval), there are no refunds offered.
Time Credit allocated to a user account is non-transferable. You cannot sell or give away Time Credit on your plan but you can buy a plan for others. Your account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.
Perssist plans are recurring subscriptions. When you sign up for the monthly plan, your card will continue to be charged each month until you cancel via the website. Time Credit carries over from one month to the next as described below. Time Credit continues to rollover as long as you are a subscriber. All Time Credit expires after 30 days with no subscription associated with the account. Time Credit rolling over does not change the amount you'll be billed each billing cycle.
All Perssist plans are governed by a monthly Time Credit hour limit by plan type. If these Time Credit hours are unused by the next billing cycle, the hours will carry over to the next cycle, such that the balance at the beginning of the next billing cycle will be the sum of the unused Time Credit plus the Time Credit added by the plan associated with the account. Time Credit is used up in 5 minute increments, and tracked by the assistant working on any given task. There is a 10 minute minimum for any single request made to Perssist. Time used for the assistant, account manager, or other helper to get up to speed or for a user to explain a task to someone so it can be done is included in time used for a task. Account Manager time is billed at 3.0x the amount of time used by the Account Manager. For example, for 20 minute of Account Manager time used to explain a project, 1 hour will be deducted from your account Time Credit balance.
If the Time Credit runs out before the end of the billing cycle, the user has the option to continue using the service at the implied hourly cost for their plan. These overage hours will be billed for at the earlier of the beginning of the next billing cycle, or when a subscription is canceled or payment method is removed from the account. The implied hourly rate is determined by the undiscounted cost of each plan type, and any discounts you may have applied against your monthly plan do not impact the implied hourly rate used for overage hours.
The max amount of time for the Service to get started on a request, which varies by plan, only applies to requests that can be done by any assistant. If you request a specific assistant you will have to wait for that assistant to be available.
All Perssist plans are recurring subscriptions that can be canceled at any time for no penalty or fee from your Perssist Dashboard.
Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of Perssist shall constitute a material breach of this agreement and be subject to cancellation without refund.
We reserve the right to terminate the service of a client at any time for any reason. This could be due to a number of reasons, including but not limited to the client not using the service as designed or intended, consistently making requests that are outside our scope or we otherwise determine inappropriate, or if the client is abusive or rude to Perssist assistants or employees.
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Perssist and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We welcome any comment, question and communication at email@example.com