Terms of Service

1. Who these terms are between

These terms are an agreement between you and Performant LLC, a limited liability company registered in Texas, with its mailing address at 5900 Balcones Drive, Suite 100, Austin, TX 78731, USA ("Performant", "we", "us"). They cover the Performant website, the Performant Hub desktop application, and the applications distributed through it, including Venova and Bloom (together, the "Service").

By creating an account or using the Service you accept these terms. If you do not accept them, do not create an account.

2. Early access

The Service is currently in early access. This means features may be incomplete, may change substantially, or may be withdrawn; paid plans and checkout are not generally available; and availability targets and service levels do not yet apply. We will give reasonable notice before a change that materially reduces functionality you are relying on.

3. Eligibility

You must be at least 16 years old, and old enough to form a binding contract where you live, to hold an account. If you are creating an account for an organisation, you confirm you are authorised to accept these terms on its behalf.

4. Your account

• Give accurate registration details and keep your email address current.
• You are responsible for keeping your password secure and for activity under your account.
• Tell us promptly at development-team@performant.pro if you believe your account has been accessed without your permission.
• Do not share your account, and do not use anyone else's.

5. Plans, billing and cancellation

Paid plans are billed in advance through Stripe on a recurring basis until cancelled. Prices are shown before you subscribe and include or exclude tax as indicated at checkout.

Cancellation takes effect at the end of the period you have already paid for. When you cancel a subscription, delete your account, or remove an application's data, we stop the subscription renewing rather than cutting it off immediately. You are not charged again, and you keep access for the time you have already paid for. We do not provide pro-rata refunds for the unused part of a period except where the law requires it.

If a payment fails we may suspend the paid features of your account until it succeeds. You can cancel at any time from your account settings.

6. Acceptable use

You agree not to:

• Break the law, or use the Service to help anyone else do so.
• Upload or distribute malware, or attempt to gain unauthorised access to the Service, to other users' data, or to the infrastructure behind it.
• Interfere with the Service's operation, including by automated scraping or by placing a disproportionate load on it.
• Infringe anyone's intellectual property, privacy, or other rights.
• Resell or redistribute the Service without our written permission.

We may suspend or terminate an account that breaches this section, and where the breach is serious we may do so without notice.

7. Your content

The content you put into the Service remains yours. You grant us only the licence we need to operate the Service for you: to store, process, back up, and display that content to you and to anyone you share it with. We do not sell your content and we do not use it to train machine-learning models.

Some parts of the Service, including Venova's financial data, are encrypted on your device before they reach us and are stored and transmitted only as ciphertext. Who holds the key depends on the protection level you choose.

Venova households start on recoverable protection. You hold the key, and we hold a sealed copy of it so that we can restore your access if you forget your password. That copy means we are technically capable of decrypting your financial data, and that a valid legal order could compel us to. We do not read it for any other reason.

You can move a household to advanced protection at any time, free, from Venova's security settings. Doing so destroys our copy of the key. After that only you hold it, so we cannot read that content, cannot disclose it if compelled, and cannot recover it if you lose both your password and your recovery code.

8. Our intellectual property

The Service itself, meaning the software, design, and branding, belongs to us and our licensors. We grant you a personal, non-exclusive, non-transferable right to use it while your account is in good standing. Nothing in these terms transfers ownership of it to you.

9. Availability

We work to keep the Service available but do not guarantee it will be uninterrupted or error-free. We may need to suspend it for maintenance, and during early access no formal service level applies.

10. Ending your account

You can delete your account at any time from your account settings. Deleting an account cancels every subscription attached to it, so you are not billed again, and then erases your data. A small number of records outlive deletion, and the Privacy Policy lists them. Deleting a single application's data cancels that application's subscription in the same way.

Deletion is not reversible. Content held under advanced protection, where the key is yours alone, cannot be recovered by us at all. Backups taken before deletion age out on their normal retention cycle, which is described in the Privacy Policy.

We may terminate or suspend your account if you materially breach these terms, if we are required to by law, or if we discontinue the Service. Where we discontinue the Service we will give reasonable notice and, for a paid plan, refund the unused portion of what you have paid.

11. Disclaimers and liability

To the extent the law allows, the Service is provided "as is" without warranties of any kind, and we are not liable for indirect or consequential loss, loss of profits, or loss of data that you could reasonably have avoided by keeping your own backups. Our total liability in any 12-month period is limited to the amount you paid us in that period.

Nothing in these terms limits liability that cannot lawfully be limited, including for death or personal injury caused by negligence, or for fraud. If you are a consumer, you keep all the statutory rights the law of your country gives you.

12. Changes

We may update these terms. If a change materially affects your rights we will notify you by email or in the application before it takes effect, and the version identifier at the top of this page will change. Continuing to use the Service after that date means you accept the updated terms.

13. Governing law

These terms are governed by the law of the State of Texas, USA, without regard to its conflict-of-law rules, and the courts of that state have non-exclusive jurisdiction. If you are a consumer, you may also bring proceedings in the country where you live.

14. Contact

Questions about these terms go to development-team@performant.pro.