Terms of Use
These Terms of Use (the “Terms”) govern your use of the Perkiverse mobile applications, website at perkiverse.com/, operator dashboard and related services (together, the “Services”). The Services are operated by Sileo Software, Inc., a Delaware corporation, doing business as Perkiverse (“Perkiverse”, “we”, “us” or “our”), with offices at 3939 W. Windmills Blvd., Chandler, AZ 85226.
By creating an account, checking in at a participating venue, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Please read Section 14 carefully. It contains an agreement to arbitrate disputes individually and a waiver of class actions and jury trials, subject to your right to opt out.
Who may use the Services
You must be at least 13 years old to create a Perkiverse account. If you are under 18, you may only use the Services with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
You may hold one account. Accounts are personal to you and may not be sold, shared, or transferred. You are responsible for everything that happens under your account and for keeping your login credentials secure.
The Perkiverse program
Perkiverse is a rewards program. When you check in at a participating venue and play its attractions, you accrue Experience Points (“XP”) through our Engage Loop system. Accumulating XP advances you through membership levels, and levels may unlock rewards offered by participating venues.
XP has no cash value. XP is not property, not currency, and not a stored-value or gift card balance. It cannot be purchased, sold, transferred, bequeathed, redeemed for cash, or exchanged outside the Services. Nothing in the program creates a debt or obligation owed to you in money.
XP decays with inactivity. The Engage Loop reduces your XP balance over time when you are not earning new XP, whether at a participating venue or through games in the Perkiverse app. If your balance falls below the threshold for your current membership level, your level will decrease accordingly, and rewards or benefits associated with the higher level may become unavailable. The current decay rate, any grace period, and the applicable thresholds are published in the app and may change under Section 6.
XP values, level thresholds, claim-frequency rules, and the rewards attached to each level are set by participating venues and by us, and may change at any time. We may correct XP balances and levels that result from error, malfunction, or violation of these Terms.
Rewards and redemption
Rewards are offered, funded, and honored by the participating venue that issues them, not by Perkiverse. Availability, terms, restrictions and expiry dates are set by that venue and are shown in the app on the reward itself.
We are not responsible for a venue’s refusal to honor a reward, for the quality or safety of a venue’s attractions, goods or services, or for a venue ceasing to participate in the program. Your relationship with a venue is between you and that venue. If a venue leaves the program, rewards specific to that venue may become unusable, though your XP and level are retained.
Rewards may not be sold, transferred, or combined with other offers unless the issuing venue permits it.
Acceptable use
You agree not to:
- Accrue or attempt to accrue XP other than by genuinely playing attractions as an in-person guest — including by automation, scripts, emulation, spoofed location, shared or borrowed accounts, or manipulating check-in;
- Use another person’s account, or allow another person to use yours, to earn or redeem;
- Reverse engineer, decompile, scrape, or attempt to derive the source code or the Engage Loop logic of the Services;
- Interfere with, overload, or attempt to gain unauthorized access to the Services or any venue’s systems;
- Use the Services unlawfully, or in violation of a venue’s own rules of conduct.
We may suspend or terminate an account, and void XP, levels or rewards obtained in breach of this section.
Your account and termination
You may close your account at any time from within the app or by contacting us at support@perkiverse.com. Closing your account forfeits any unredeemed XP, levels and rewards, and this is not reversible.
We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if we discontinue the Services. Where we terminate without cause and you hold unredeemed rewards, we will make reasonable efforts to give advance notice so you can use them.
Changes to the program and the Services
We may add, change, suspend or discontinue any part of the Services, including XP rates, level thresholds, the number of levels, and the rewards structure. Where a change materially reduces the value of XP or levels you have already earned, we will give at least 30 days notice by email or in-app notification before it takes effect.
We may terminate the entire program on a 120-day notice. You will be able to redeem eligible rewards during that period.
Fees for venues
If you are a participating venue, your commercial terms — including the per-level-up fee — are set out in your venue agreement with us and prevail over these Terms in the event of conflict. Pricing published on our website is indicative and does not itself form a contract.
Intellectual property
The Services, including the Perkiverse name and logo, the Engage Loop system, all software, designs, text, graphics and their selection and arrangement, are owned by Sileo Software, Inc. or its licensors and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for your personal, non-commercial use, subject to these Terms.
Venue names, marks and content belong to those venues.
User content
If you submit content to the Services — a review, a photo, a support message — you keep ownership of it and grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce and display it for the purpose of operating and improving the Services. You represent that you have the right to grant that license.
Third-party services
The Services may link to or interoperate with third-party services, including app stores, payment processors, mapping providers and venue point-of-sale systems. We do not control those services and are not responsible for them. Your use of them is governed by their own terms.
Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We do not warrant that the Services will be uninterrupted, error-free, or that XP tracking will be complete or accurate in every instance. Attraction tracking depends on venue equipment and network conditions outside our control.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SILEO SOFTWARE, INC. NOR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you.
Indemnity
You agree to indemnify and hold harmless Sileo Software, Inc. and its officers, directors, employees and agents from any claim, demand, loss or expense (including reasonable legal fees) arising from your use of the Services, your breach of these Terms, or your violation of any law or third-party right.
Disputes, arbitration and class action waiver
Please read this section carefully — it affects your legal rights.
Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@perkiverse.com. We will try to resolve it within 60 days of receiving your notice.
Binding arbitration. If we cannot resolve the dispute informally, you and we agree that any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its then-current consumer rules, rather than in court, except that either party may bring an individual claim in small claims court.
Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
Your right to opt out. You may opt out of this arbitration agreement by emailing legal@perkiverse.com within 30 days of first accepting these Terms, stating your name and that you are opting out. Opting out does not affect any other part of these Terms.
Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Chandler, Arizona.
Changes to these Terms
We may update these Terms. If a change is material we will give notice by email or in-app notification before it takes effect. Continuing to use the Services after the effective date means you accept the updated Terms. The version in force is always the one posted here.
Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Services. If a provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.
Contact
Sileo Software, Inc. d/b/a Perkiverse
3939 W. Windmills Blvd., Chandler, AZ 85226
legal@perkiverse.com