Terms of Service | Perchway

The short version. Perchway gives freelancers a shop, client portals, proposals, invoicing and file delivery. When a client pays a freelancer through Perchway, they're buying from the freelancer: the payment goes straight to the freelancer's own Stripe or PayPal account. The freelancer makes and delivers the work, ships any physical items themselves, and is responsible for it, along with their refunds, card disputes and taxes. We take 5% of the price of each sale on Free, 4.25% on Flight and 3.5% on Soar, not counting shipping or tax, automatically as each payment is made, and Stripe or PayPal charges its own processing fees to the freelancer. You own what you put in Perchway. Perchway is a young service, so we keep our promises modest and limit what we're liable for. Disputes with us go to individual arbitration, not class actions, unless you opt out within 30 days. This summary is here to help; the full Terms below are what count.

1. About these Terms

These Terms of Service ("Terms") are a legal agreement between you and Perchway LLC, a Wisconsin limited liability company ("Perchway", "we", "us" or "our").

The Terms cover your use of:

perchway.com and our other websites, including prch.shop
Perchway shops and client portals, including ones on a custom domain
our apps, APIs and emails

We call all of that the "Service".

These documents add to the Terms and are part of them when they apply to you:

the Seller Terms, if you sell or take payments through Perchway
the Buyer Terms, if you buy from, pay or work with a freelancer through Perchway
the Acceptable Use Policy, for everyone
Refunds and Cancellations
the Copyright and Trademark Policy
the Data Processing Addendum, for freelancers whose clients' personal information we handle

Our Privacy Policy explains how we handle personal information. If one of the documents above conflicts with these Terms, that document wins for its own topic. The one exception is section 18 (disputes and arbitration), which always wins.

You accept these Terms when you use the Service, join the waitlist, create an account, or click to agree. If you're accepting for a business or other organization, you confirm you're authorized to bind it, and "you" includes that organization. If you don't agree, don't use the Service.

Perchway is still being built. Right now perchway.com takes waitlist sign-ups. These Terms already apply to the website and the waitlist. The parts about accounts, plans, fees and payments apply as those features become available. Joining the waitlist doesn't create an account or guarantee you a place, a launch date or a price.

2. Words we use

Freelancer: someone with a Perchway account who uses it to run their business, including any team members they add.
Client: someone a Freelancer works with or sells to through Perchway, including buyers in a shop and anyone invited to a client portal.
Content: anything anyone puts into the Service, such as text, files, images, video, messages, products, proposals, contracts, invoices, comments and reviews.
Paid plans: Flight, Soar, and any other plan with a subscription fee.
Including means "including, for example", never "including only".

3. Who can use Perchway

You must be at least 18 years old and able to form a binding contract. Perchway isn't for children.
You can't use Perchway if the law bars you from doing so, if you're named on a US government sanctions or export list, or if you're in a country or region under comprehensive US sanctions.
If we've suspended or closed your account, you can't open a new one without our written permission.
Freelancers use Perchway for their business, not for personal or household purposes.
Selling is open to freelancers in the United States only, for now. To sell or take payments through Perchway, you must live in, or be a business based in, the US, with a US Stripe account or US PayPal business account. Clients can buy from anywhere Stripe, PayPal and the law allow.

4. Your account

Signing in. Perchway doesn't use passwords. You sign in with a one-time code or link sent to your email, with Google, or with a passkey. Anyone who can get into your email account or your device may be able to sign in as you, so keep them secure and turn on two-step verification for your email.
Accurate details. Give us accurate information, and keep it up to date.
Your responsibility. You're responsible for everything done through your account, including by team members you add. Remove their access when they leave.
Tell us about problems. If you think someone has got into your account, email [email protected] straight away.
Clients get into their portal with a one-time code or link sent to their email. The same rules apply to them.

5. What Perchway is, and what it isn't

Perchway provides software tools for freelancers and their clients: a shop and shop templates, client portals, proposals and contracts, messaging, invoicing, file delivery (including files that unlock once an invoice is paid), checkout with shipping for physical items, and analytics.

Freelancers sell directly to their Clients. When a Client pays a Freelancer through Perchway, at shop checkout, on an invoice or through a payment link, the Freelancer is the seller. The payment is processed by Stripe into the Freelancer's own Stripe account, or by PayPal into their own PayPal account (see section 8), and Perchway's fee is taken from it automatically. The Seller Terms and Buyer Terms explain what this means for each side.

The Freelancer makes and delivers the work, and is responsible for it. The Freelancer's product description, proposal or contract sets what the work includes and what the Client may do with it. A contract for custom work is between the Freelancer and the Client. Perchway isn't a party to the sale or to how the work is done. For physical items, the Freelancer packs and ships them, and is responsible for them until they're delivered. We aren't the Freelancer's employer or partner. Apart from the refunds our refund policy promises Clients, we don't guarantee any Freelancer's work, its quality or the result.

Perchway is not:

A bank or a payment processor. Payments are processed by Stripe or PayPal and go to the Freelancer's own Stripe or PayPal account (see section 8). Perchway never holds Freelancers' money.
A law firm, accountant or financial adviser. Templates, guides, examples and AI suggestions are general information, not legal, tax or financial advice. Get a professional's advice for your situation.
A backup service. Keep your own copies of anything that matters to you.
A shipping company, carrier or warehouse. Perchway never handles physical items. Freelancers ship them with carriers they choose, and apart from the refunds our refund policy promises, we aren't responsible for items that are lost, damaged or late.

If a Freelancer and a Client disagree about the work itself, we may try to help, but apart from deciding refunds under our refund policy, we don't decide who's right.

6. Plans, trials and billing

Free plan. The Free plan has no subscription fee. Perchway's fee on sales still applies (section 7). Its features and limits are shown on our pricing page, and we may change them.
Paid plans are billed in advance, monthly or yearly, through Stripe. They renew automatically at the end of each billing period at the price that applies then, until you cancel. By choosing a paid plan, you authorize us to charge your payment method at the start of each period.
Cancelling. You can cancel any time in your account settings, or by emailing [email protected]. Cancelling stops the next renewal. You keep the paid features until the end of the period you've paid for, and then your account moves to the Free plan. We don't refund partial periods, except as Refunds and Cancellations says or the law requires.
Free trials. Flight and Soar each come with a 14-day free trial with every feature unlocked. We won't charge you when a trial ends unless you've chosen a paid plan. If you haven't, your account moves to the Free plan, and nothing you've added is deleted. Each person or business gets one trial of each plan.
Changing plans. If you move to a plan with lower limits, you keep what you've added, but you may not be able to add more until you're within the new plan's limits. Upgrades take effect straight away, and we charge the difference for the rest of your billing period.
Price changes. We'll email you at least 30 days before a new subscription price applies to you. It takes effect at your next renewal after that notice. If you don't want to pay the new price, cancel before then.
Failed payments. If a charge fails, we'll try again and email you. If it still hasn't gone through after 14 days, we may move your account to the Free plan.
Taxes. Prices don't include taxes. Where the law requires, we add sales tax, VAT or similar taxes to subscription fees.
Prices before launch. Prices shown before Perchway launches may change before anyone is charged.

7. Perchway's fees

The fee on sales. When a Client pays a Freelancer through Perchway, Perchway's fee is 5% of the price on the Free plan, 4.25% on Flight and 3.5% on Soar, worked out on the price of what's sold, not counting shipping or tax. The rate is the one for the plan the Freelancer's account is on when the sale is made. During a free trial of Flight or Soar, it's the rate for the plan being tried. It's taken automatically from each payment, through Stripe.
Stripe's fees are separate. Stripe charges its processing fees, and any others, to the Freelancer's Stripe account under the Freelancer's agreement with Stripe. They don't go to Perchway.
Payouts are made by Stripe, from the Freelancer's Stripe account to their bank, on the schedule set in their Stripe account.
PayPal payments work the same way: PayPal charges its fees to the Freelancer's PayPal account under the Freelancer's agreement with PayPal, and the money stays in that account for the Freelancer to move to their bank.
Refunds and disputes. Perchway's fee isn't returned when a sale is refunded, disputed, charged back or reversed, unless we decide otherwise or the law requires it.
Changes. We may change our fees. We'll tell you at least 30 days before, and the new fees only apply to sales made after the change.
Payments outside Perchway. Money a Freelancer collects outside Perchway carries no Perchway fee.

8. Payments through Stripe and PayPal

Freelancers take payments through their own Stripe account, which they open from their Perchway dashboard. Freelancers who already use Stripe can sign in and reuse their details. That account is between the Freelancer and Stripe, under the Stripe Services Agreement, as Stripe may change it from time to time. Perchway isn't a party to it.

By connecting a Stripe account to Perchway, you:

authorize Perchway to create charges on your Stripe account for sales made through Perchway, to take Perchway's fee from them, and to refund them in the cases the Seller Terms describe
allow Stripe and Perchway to share information about your Stripe account and those payments, such as whether your account can take payments, and each payment's status, fees, refunds and disputes
agree to give Perchway accurate and complete information about you and your business

Also:

Stripe's decisions are Stripe's. Stripe verifies identity and bank details, may ask for more information, and may restrict accounts under its own terms. Perchway doesn't control Stripe's decisions and isn't responsible for them.
Clients' payment details are collected and processed by Stripe, or by PayPal for PayPal payments. Perchway never sees or stores full card numbers or bank account numbers.
Pausing payments. We may pause a shop's checkout, or disconnect a Stripe or PayPal account from Perchway, if we reasonably believe there's fraud, a breach of these Terms, or legal or financial risk to Perchway, Stripe, PayPal or other people.

Freelancers can also take PayPal, through their own PayPal business account, which they connect from their Perchway dashboard. That account is between the Freelancer and PayPal, under the PayPal User Agreement, as PayPal may change it from time to time. Perchway isn't a party to it. By connecting a PayPal account to Perchway, you give Perchway the same permissions as for a Stripe account above, for your PayPal account: to create payments into it for sales made through Perchway, to take Perchway's fee from them, to refund them in the cases the Seller Terms describe, and to share information about your account and those payments with PayPal. PayPal's decisions about your account are PayPal's. You can withdraw Perchway's permissions in your PayPal account at any time.

9. Your content

You own your Content. We don't claim ownership of anything you put into Perchway.
The permission you give us. You give Perchway a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and adapt your Content, only to run, secure and improve the Service and to do what you ask the Service to do. Adapting includes making watermarked previews, thumbnails, resized images and video previews, and converting file formats. The license includes showing public Content, like shop pages, products and profiles, wherever Perchway shows shops, including in search engines and link previews. Our service providers can use your Content under this license only to help us run the Service. The license lasts while your Content is in the Service, and for as long afterwards as we need for backups and legal obligations (see the Privacy Policy).
Our promise about your work. We won't use your work in Perchway's own advertising without asking you first. We don't sell your Content.
Your promises. You confirm that you have all the rights your Content needs, including permission from the people who appear in it and from anyone whose work it includes, and that your Content and its use through Perchway won't break any law or anyone's rights.
Public Content. Shop pages and anything else you make public can be seen, linked to and shared by anyone.
Reviewing Content. We don't have to monitor Content, but we may look at it, remove it or restrict it if we believe it breaks these Terms or the law, or puts people or Perchway at risk.
Rights between Freelancers and Clients. Who owns a Freelancer's work, and what a Client may do with it, is up to the Freelancer and the Client. Perchway doesn't grant any rights in a Freelancer's work. Watermarks and pay-to-unlock delivery discourage misuse, but they can't stop someone copying what they can see.
Feedback. If you send us ideas or suggestions, we may use them freely, without paying or crediting you.

10. Messages, contracts and e-signatures

Electronic records. You agree to receive agreements, notices, receipts and other records electronically, and that clicking or typing to sign something in Perchway is your legally binding electronic signature.
Proof of signing. When someone signs in Perchway, we record their name, email address, the time, their IP address and their browser, as evidence of the signature.
Contracts are between the parties. A proposal or contract made in Perchway is between the Freelancer and the Client. Perchway isn't a party to it, doesn't review it, and doesn't promise that it's enforceable or right for your situation.
Email replies. If you reply to a Perchway message notification by email, your reply, including attachments, is added to the conversation.
Sensitive details. Don't send passwords, full card numbers, government ID numbers or health information through Perchway messages.

11. AI and automated checks

AI features. Some features, like summaries of how your business is doing, use AI models from third-party providers. AI output can be wrong, incomplete or out of date. Check it before you rely on it. You're responsible for what you do with it.
When you use an AI feature, the information needed for it is sent to our AI provider to produce the result. We don't let our AI providers train their models on your Content, and we don't use your Content to train AI models.
Don't use AI features to make anything the Acceptable Use Policy doesn't allow.
Automated checks. To keep the Service secure, prevent fraud, spam and abuse, review sellers and enforce these Terms, we use automated checks, some of which use AI and machine learning. Some are our own, and some are run by services we use, like Stripe, PayPal and Cloudflare. A check may flag something for our team, hold it until we've looked, such as a shop's approval, or stop it straight away, such as a sign-in by a bot or a payment that looks fraudulent. The Privacy Policy explains more.
A person decides. Someone on our team decides whether to decline an application, or suspend or close an account, and doesn't rely on an automated check alone. If you think a check got something wrong, email [email protected] and a person will take another look.
Checks aren't guarantees. Our checks, and Stripe's and PayPal's, help us spot fraud, but they can be wrong, and they don't promise that any Freelancer or Client is who they say they are or will act honestly.

12. Templates, custom code and other services

Shop templates. Every shop can use Perchway's free templates. Premium templates are bought once, on any plan, at the price shown before you buy, plus any tax. Buying one gives you a license to use and change that template for the shops in your Perchway account, for as long as the account is open, whatever plan you're on. It doesn't make the template yours: you can't resell or share it, or copy its design to use outside Perchway. We may update templates or stop selling them. If we retire a template you've bought, you can keep using it for as long as we reasonably can, and if we can't, we'll offer you another template or a refund. Refunds and Cancellations explains when else template purchases are refunded.
Custom code. On Flight and Soar, you can add your own HTML and CSS to your shop pages. To keep Clients safe:
- scripts, and content embedded from other services, run in a separate, sandboxed frame that can't reach the rest of the page
- custom code never runs on checkout, client portals or account pages
- it must follow the Acceptable Use Policy, which has rules for custom code
You're responsible for your code and for the services it loads, including what they collect from your visitors and any notice or consent the law requires for that. We don't support or fix custom code. We may switch it off if it breaks the Service, puts anyone at risk or breaks these Terms, without notice when there's a security risk. If your account moves to the Free plan, your custom code is kept, but it stops showing until you're on Flight or Soar again.
Custom domains. If you connect your own domain, you must own or control it and keep its DNS records pointed at Perchway. We aren't responsible for problems caused by your registrar or DNS provider.
Other services. Perchway works with services run by others, like Google sign-in, Stripe and PayPal. Your use of them is governed by their terms, and we aren't responsible for them.
Links. Content and pages in Perchway may link to other websites. We don't control them and aren't responsible for them.

13. Our software and brand (license)

What's ours. Perchway owns the Service, including its software, design, text, illustrations, logos and the Perchway name, apart from your Content. "Perchway" and the robin logo are our trademarks.
Your license to use Perchway. As long as you follow these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. If we offer an app or other downloadable software, the same license covers it, along with any app store's terms.
What you may not do. You may not:
- copy, modify, sell, rent or make derivative works of the Service
- reverse engineer or decompile it, except where the law allows despite this limit
- scrape it or access it with bots or other automated means, except through an API we publish, within its limits
- get around security measures, usage limits or fees
- use the Service to build or train a competing product
- frame or mirror the Service, or remove our copyright, trademark or other notices
- use our name, logos or illustrations in a way that suggests we endorse you, without our written permission
Open-source software. Parts of the Service use open-source software, which comes under its own licenses.

14. Acceptable use

Everyone using Perchway must follow the Acceptable Use Policy. It lists what you can't sell, post or do on Perchway.

15. Ending or suspending accounts

You can leave any time. Stop using Perchway, and close your account in your settings. Section 6 explains how cancelling a paid plan works. Download anything you want to keep first.
We can suspend or close accounts. We may suspend or close your account, limit features, or remove Content if:
- you break these Terms or the Acceptable Use Policy
- Stripe, PayPal or the law requires it
- we reasonably believe there's fraud or other illegal activity
- your account creates legal, financial or security risk for Perchway, Stripe, PayPal or other people
- fees you owe us go unpaid
We may act on what our checks find, including automated ones (section 11), but a person on our team decides to suspend or close an account. We'll usually tell you why and give you a chance to fix the problem first. We won't if the law doesn't allow it, if there's a risk of harm, or if the problem is serious or keeps happening.
Inactive Free accounts. We may close a Free account that no one has signed into for 24 months. We'll email at least 30 days before we do.
What happens when an account closes. Access ends, including Clients' access to the Freelancer's portals and files. We delete Content as the Privacy Policy describes, except records the law requires us to keep. Fees and other amounts already owed are still due. Money from a Freelancer's sales is in their own Stripe or PayPal account, which stays theirs: closing a Perchway account doesn't close it. Unless we close an account for fraud or a serious breach, we'll give you a reasonable chance to download your Content first.
If Perchway shuts down. If we stop running the Service altogether, we'll give at least 60 days' notice where we can, give you time to download your Content, and refund the unused part of any subscription you've paid for in advance.
What carries on. Sections 5, 7 (for amounts already owed), 9, 13, and 15 to 21 still apply after your account closes or these Terms end.

16. Disclaimers and limits on liability

The Service changes. Perchway is a new service. We may add, change or remove features. If a change significantly reduces what a paid plan includes, we'll tell you in advance, and you can cancel and get a refund for the unused part of the current period.
Availability. We work to keep Perchway running, but it may be unavailable at times, including for maintenance, and we don't promise any particular uptime.

DISCLAIMER. EXCEPT AS THESE TERMS EXPRESSLY SAY, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT CONTENT WILL BE KEPT SAFE OR NOT LOST, THAT WATERMARKS OR ACCESS CONTROLS WILL PREVENT COPYING, OR THAT AI OUTPUT OR AUTOMATED CHECKS WILL BE ACCURATE. WE MAKE NO WARRANTIES ABOUT ANY FREELANCER, CLIENT, PRODUCT, SERVICE, PAYMENT OR WORK, OR ABOUT STRIPE OR ANY OTHER THIRD PARTY.

LIMITATION OF LIABILITY. TO THE FULLEST EXTENT THE LAW ALLOWS:

PERCHWAY WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
PERCHWAY ISN'T LIABLE FOR THE ACTS, CONTENT, PRODUCTS, SERVICES OR PAYMENTS OF FREELANCERS, CLIENTS, STRIPE OR ANY OTHER THIRD PARTY.
PERCHWAY'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) US$100 AND (B) THE TOTAL OF THE SUBSCRIPTION FEES, TEMPLATE PURCHASES AND PERCHWAY FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM. FOR A CLIENT'S CLAIM ABOUT A PURCHASE, (B) IS WHAT THE CLIENT PAID THROUGH PERCHWAY FOR THAT PURCHASE.

THESE LIMITS APPLY WHATEVER THE LEGAL THEORY, WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANYTHING ELSE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME PLACES DON'T ALLOW SOME OF THESE EXCLUSIONS OR LIMITS. WHERE THAT'S THE CASE, THEY APPLY ONLY AS FAR AS THE LAW ALLOWS. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CAN'T BE LIMITED BY LAW, SUCH AS FOR FRAUD.

17. Indemnity and release

Indemnity. You'll defend Perchway, and hold us harmless from, any third-party claim, and the losses, damages, fines and reasonable legal costs that come from it, arising from: your Content; the products, services or work you sell, buy, deliver or ship; your dealings with Freelancers or Clients; your breach of these Terms; or your breaking any law or anyone's rights. We'll tell you about the claim, and we may choose to take part in or control the defense. You can't settle a claim that admits fault for us, or puts an obligation on us, without our written consent.
Release. Disputes between Freelancers and Clients about the work are between them, apart from refunds Perchway decides under its refund policy. To the fullest extent the law allows, you release Perchway from claims, demands and damages of every kind, known and unknown, arising from or connected with a dispute you have with another user. If you're a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law where you live.

18. Disputes and arbitration

Please read this section carefully. It affects your legal rights, including your right to go to court and to bring a class action.

Talk to us first. Before starting arbitration or a court case, send a written notice to [email protected]. Include your name, the email address on your account (if you have one), a description of the dispute, and what you're asking for. We'll do the same if we have a dispute with you, using your account email. Both sides will try in good faith to resolve it for 60 days after the notice arrives, including a phone or video call if either of us asks for one. Time limits for bringing a claim pause during those 60 days.
Arbitration. If we can't resolve it, you and Perchway agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including whether this section applies, will be settled by binding individual arbitration, not in court. The American Arbitration Association ("AAA") will run the arbitration under its Consumer Arbitration Rules if you're using Perchway as a consumer, and under its Commercial Arbitration Rules otherwise. Those rules are at adr.org. One arbitrator will decide. The arbitration can happen by video call or on written submissions. If an in-person hearing is needed, it will take place in the county where you live, or, for business users, in Wisconsin. Fees are split as the AAA's rules say. For consumers, those rules limit what you pay. The arbitrator can award the same individual remedies a court could, but only for you individually. The Federal Arbitration Act governs this section.
Exceptions. Either of us may instead bring an individual claim in small claims court, as long as it stays there. Either of us may also ask a court to stop infringement or misuse of intellectual property, or unauthorized access to the Service.
No class actions. You and Perchway may bring claims against each other only individually, not as a plaintiff or class member in any class, collective, consolidated or representative action. The arbitrator can't combine more than one person's claims or preside over any kind of class or representative proceeding.
No jury. If a dispute ends up in court for any reason, you and Perchway both waive any right to a jury trial.
Many similar claims. If 25 or more similar demands for arbitration are filed against Perchway, or by Perchway, with the same or coordinated lawyers, the AAA's Mass Arbitration Supplementary Rules apply.
Opting out. You can opt out of this arbitration agreement within 30 days of first accepting these Terms. Email [email protected] with the subject "Arbitration opt-out", and include your name and the email address you use with Perchway. Opting out doesn't affect anything else in these Terms.
If part of this section can't be enforced. If the no-class-actions part is found unenforceable for a claim, that claim goes to court under section 19 and not to arbitration, and that part is the only part that falls away. If any other part of this section is found unenforceable, the rest still applies.
Changes to this section. If we change this section, you can reject the change by emailing [email protected] within 30 days of the change taking effect. The change won't apply to a dispute we were already notified about before it took effect.
Time limit. To the extent the law allows, a claim must be brought within one year after it arises, or it's permanently barred.

19. Governing law and courts

The laws of the State of Wisconsin and the United States govern these Terms, without regard to conflict-of-laws rules. The Federal Arbitration Act governs section 18. Any claim that isn't arbitrated will be heard only in the state or federal courts located in Wisconsin, and you and Perchway agree to their jurisdiction. If you're a consumer, you keep any protections the law where you live gives you that can't be waived by contract.

20. Changes to these Terms

We may update these Terms. If a change is significant, we'll tell you at least 30 days before it takes effect, by email or in Perchway, unless the change is required by law or fixes a security problem, in which case it can apply sooner. The date at the top shows when the Terms last changed. If you keep using the Service after a change takes effect, you accept the new Terms. If you don't agree, stop using the Service and close your account before then.

21. General

Transfer. You can't transfer these Terms or your account without our written consent. We may transfer these Terms, without your consent, to an affiliate or as part of a merger, acquisition, reorganization or sale of assets. If we transfer them, the new owner takes on our obligations.
Notices. We'll send notices to the email address on your account, or show them in the Service. Send legal notices to us at [email protected].
Things outside our control. We aren't responsible for delays or failures caused by events beyond our reasonable control, such as outages at our providers, internet or power failures, disasters, war, strikes or government action.
The whole agreement. These Terms and the documents they list are the entire agreement between you and Perchway about the Service. They replace any earlier agreements about it.
If part is unenforceable, the rest of these Terms still applies, and the unenforceable part is changed only as much as needed to make it enforceable.
No waiver. If we don't enforce part of these Terms straight away, we can still enforce it later.
Relationship. Nothing in these Terms makes you and Perchway partners, joint venturers, employer and employee, or principal and agent.
No third-party rights. No one else gets rights under these Terms, except where they expressly say so.
Export laws. You'll follow US export control and sanctions laws when you use the Service.
Language. These Terms are written in English. If we translate them, the English version controls.
Headings are for convenience and don't change the meaning.

22. Contact

Questions and legal notices: [email protected]
Privacy: [email protected]
Postal address: Perchway LLC, 2800 E. Enterprise Ave, STE 333, Appleton, WI 54913, USA