Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Perch (“Perch,” “we,” “us,” or “our”). By creating an account, accessing, or using the Perch service (the “Service”), you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and — where applicable — our Data Processing Agreement. If you do not agree, do not use the Service. Identity of the Service operator is disclosed in Section 19.

The Service is currently in public beta. Features, pricing, and availability may change. The Service is provided “as is” during the beta period, with no service-level commitment. We actively want your feedback at support@onperch.co.

If you are using Perch on behalf of an organization (an “Organization” or “Customer”), you represent that you have authority to bind that organization, and “you” refers both to you personally and the organization.

• Account — the individual user profile created when you sign up.
• Organization — a workspace that owns venues, schedules, and staff records. Organizations hold the paid subscription.
• Venue — a location, store, or unit within an Organization where scheduling takes place.
• Staff Member — an individual whose schedule and employment data is managed in Perch. Staff Members may or may not have their own Accounts.
• Customer Data — any data you or your Organization provides to Perch, including staff rosters, schedules, positions, availability, and configuration.
• Service — the Perch web application, APIs, documentation, and related tools.

To use Perch, you must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and legally capable of forming a binding contract. The Service is intended for business use; personal use is not supported.

You are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your Account. Notify us immediately at support@onperch.co if you suspect unauthorized access.

Accurate registration information is required. Misrepresentation may result in suspension or termination.

Plan tiers. Perch offers Free, Pro, and Business plans. Free-tier Organizations receive limited functionality with no fee. Pro and Business plans are paid subscriptions billed monthly in advance.

Included staff and per-staff overage. Each paid plan includes a base staff allowance (Pro: 100; Business: 250). Active staff above your plan’s included allowance are billed at the per-staff overage rate shown on the Plans page (currently \$1 per additional staff per month), calculated from your active staff count, pro-rated, and applied to your next invoice. Billable staff are those active at one or more venues; administrators and owners always count, and staff not assigned to any venue are not billed. Business includes unlimited venues at no per-venue charge. You authorize Perch to charge your saved payment method for these amounts.

Free trial. Paid plans may offer a 30-day free trial. You will not be charged during the trial period. Your payment method will be charged automatically at the end of the trial unless you cancel before the trial ends.

Auto-renewal. Paid subscriptions renew automatically on a monthly basis until cancelled. To cancel, visit your Plans page or use the Stripe Customer Portal link provided there. Cancellation takes effect at the end of your current billing period; you retain access through the paid-through date.

Payment method. Payments are processed by Stripe, Inc. You agree to Stripe’s terms when providing payment information. We do not store full card numbers. You are responsible for keeping your payment method up to date; failed payments may lead to suspension.

Taxes. Fees are exclusive of taxes. You are responsible for any applicable sales tax, VAT, GST, or similar, unless we are required to collect them on your behalf.

Refunds. Fees are non-refundable except (a) where required by applicable law (including the EU 14-day right of withdrawal for consumers — see Section 16), or (b) at our sole discretion. Downgrades and cancellations do not generate refunds for unused time within a billing period; access continues through the end of the period.

Price changes. We may change subscription fees on at least 30 days’ written notice. Price changes take effect on your next renewal. If you do not agree, you may cancel before the new price applies.

You own your data. As between you and Perch, you retain all right, title, and interest in Customer Data you submit to the Service. Perch does not claim ownership over your staff rosters, schedules, or any content you upload.

License to operate the Service. You grant Perch a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process your Customer Data solely to (a) provide and improve the Service for you, (b) comply with legal obligations, and (c) prevent abuse or security threats. We do not sell Customer Data. We do not use Customer Data to train artificial-intelligence or machine-learning models, whether our own or third parties’.

Staff data. When you upload staff member information, you represent that you have a lawful basis to do so (typically employment or service contract) and that you have provided the staff member with any notice required by applicable law. When Perch processes personal data of your staff on your behalf, the relationship is governed by our Data Processing Agreement.

Data export. You may export your Customer Data in a machine-readable format at any time by contacting support@onperch.co. Upon termination, we will retain data as described in our Privacy Policy.

Your use of the Service must comply with our Acceptable Use Policy. In summary, you may not:

• Use the Service for unlawful purposes or in violation of third-party rights
• Upload content that is defamatory, discriminatory, harassing, or infringes intellectual-property rights
• Attempt to interfere with, probe, reverse-engineer, or gain unauthorized access to the Service
• Upload malicious code or use the Service to distribute malware
• Use the Service to send unsolicited bulk communications or to circumvent the scheduling features in bad faith
• Impersonate another person or misrepresent your affiliation with any Organization

Violation may result in immediate suspension or termination at our discretion.

We strive for high availability but do not guarantee uninterrupted access. The Service is provided on a commercially reasonable effort basis. We may perform scheduled or emergency maintenance that limits access temporarily.

We reserve the right to modify, add, or remove features at our discretion. We will provide reasonable advance notice for material changes that reduce functionality of a paid plan. If a material reduction materially impacts you, you may cancel; notwithstanding the “Refunds” provision in Section 4, we will, at your request, refund the pro-rated unused portion of your current billing period in that specific case.

By you. You may cancel your subscription at any time from the Plans page. You may delete your Organization by contacting support@onperch.co.

By us. We may suspend or terminate your Account or Organization if you (a) materially breach these Terms or the Acceptable Use Policy, (b) fail to pay fees when due, (c) pose a security or legal risk to Perch or other users, or (d) have been inactive on a Free-plan Organization for more than 12 consecutive months. Except in cases of serious breach or legal requirement, we will provide advance notice and a reasonable opportunity to cure.

Effect of termination. Upon termination, your right to access the Service ends. We will retain Customer Data for up to 90 days post-termination to allow recovery or export (see Privacy Policy and DPA). Thereafter, data will be deleted or anonymized, except where retention is required by law (e.g., billing and tax records).

The Service, including its software, design, brand, and documentation, is the property of Perch and its licensors and is protected by intellectual-property laws. No license to Perch’s intellectual property is granted except as expressly set forth in these Terms.

Feedback, suggestions, or ideas you submit about the Service may be used by Perch without restriction or compensation.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Auto-generated schedules. Perch offers automated scheduling features (“auto-schedule”) that produce suggested schedules based on your configuration. These suggestions are not a substitute for human review. You are solely responsible for reviewing, approving, and legally validating every schedule before it is published to staff. Perch does not guarantee compliance with labor laws, union agreements, or fair-workweek rules, which vary by jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERCH, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID PERCH IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

Note for EU/UK consumers: Nothing in these Terms limits your rights to the extent those rights cannot be excluded under mandatory consumer-protection law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

You agree to defend, indemnify, and hold harmless Perch and its affiliates from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms or the Acceptable Use Policy, (b) your Customer Data, including any claim that it infringes a third party’s rights, or (c) your unlawful or unauthorized use of the Service. This section does not apply to EU consumers to the extent it would limit rights granted under mandatory consumer law.

Each party may receive non-public information from the other (“Confidential Information”). Each party agrees to use the other’s Confidential Information only to perform under these Terms and to protect it with at least reasonable care. This section does not apply to information that (a) is or becomes public without breach, (b) was already in the recipient’s possession without a confidentiality obligation, (c) is received from a third party without restriction, or (d) is independently developed.

The Service is currently offered as a public beta. The whole Service — not specific features within it — is considered beta during this period. While in beta:

• Features may change, be added, or be removed without advance notice.
• Pricing may change. Customers who subscribe during the beta period at a given price keep that price through their then-current billing period; subsequent renewals may be at the post-beta rate, with at least 30 days’ notice.
• The Service is excluded from any service-level commitment, uptime guarantee, or performance warranty during beta. We will use commercially reasonable efforts to keep it running, but bugs and outages should be expected.
• We will provide reasonable advance notice before exiting beta. Exiting beta does not by itself trigger any change to your account or data.

We actively encourage feedback during the beta period — bugs, feature requests, and general thoughts — at support@onperch.co or via the in-app “Send feedback” option.

We may update these Terms periodically. For material changes, we will notify you at least 30 days in advance by email or in-app notice. Continued use of the Service after the notice period constitutes acceptance. If you do not agree, you may cancel your subscription before the changes take effect.

The Service is not currently offered to consumers or businesses in the European Union, European Economic Area, or United Kingdom (see Section 17). The following safeguards apply if you are nonetheless a consumer in the EU or UK who has accessed the Service:

• Right of withdrawal. You have the right to withdraw from this agreement within 14 days of signup, without giving any reason. By starting use of the Service during this period, you expressly agree that performance has begun and acknowledge that the right of withdrawal ends once the Service has been fully performed. For paid subscriptions consumed during the withdrawal period, we may charge a pro-rated amount for the portion used.
• Nothing in these Terms limits your statutory rights as a consumer, including any rights that cannot be waived under mandatory local law.
• Alternative Dispute Resolution. The European Commission provides an online dispute-resolution platform available at ec.europa.eu/consumers/odr. We are not obligated and do not commit to participate in ADR proceedings with a consumer before a dispute-resolution body.

Business-to-business use in the EU/UK is governed by the same commercial terms as US-based customers, subject to mandatory local law.

For US customers. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute not resolved informally within 30 days of written notice shall be resolved exclusively by binding arbitration under the American Arbitration Association’s Commercial Rules, seated in Los Angeles, California. You and Perch waive any right to a jury trial or class action. You may opt out of arbitration by emailing us within 30 days of accepting these Terms.

For EU/UK customers. The Service is not currently offered to consumers or businesses based in the European Union, European Economic Area, or United Kingdom. We will update this section if and when we expand to those jurisdictions, including the governing law and the appointment of any required EU/UK representative.

• Entire agreement. These Terms, together with the Privacy Policy, AUP, and DPA, are the entire agreement between you and Perch regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. Our failure to enforce any provision is not a waiver.
• Assignment. You may not assign these Terms without our written consent. We may assign to an affiliate or successor.
• Force majeure. Neither party is liable for failures caused by events beyond reasonable control.
• Independent contractors. These Terms do not create a partnership, joint venture, or employment relationship.
• Notices. Legal notices to Perch may be sent by email to legal@onperch.co. Email is the primary channel. Postal address for legal service: Perchpoint LLC, c/o Northwest Registered Agent Inc., 2108 N St Ste N, Sacramento, CA 95816 (see Section 19).

The Service is operated by Perchpoint LLC, a California limited liability company (entity number B20260226458). Registered agent for legal service: Northwest Registered Agent Inc., 2108 N St Ste N, Sacramento, CA 95816. Legal notices may also be sent to legal@onperch.co.

Questions about these Terms? Email support@onperch.co. For legal notices, email legal@onperch.co.