These Website Standard Terms and Conditions (the “Agreement”) govern the use of (a) all pages located at the Company’s informational website (the “Website”), and (b) the Company’s mobile application and related services (collectively, the “Service”). The Website provides general information only; the Service is delivered exclusively through the Company’s mobile application. This Agreement is entered into between Percepta Social LLC (“Company,” “we,” or “us”) and the individual who subscribes to the Service as the primary account holder (the “Subscriber” or “you”).
1. ASSENT AND ACCEPTANCE
By accessing the Website or by creating a Subscription within the mobile application, the Subscriber agrees to be bound by this Agreement. If the Subscriber does not agree, the Subscriber must not use the Website or the Service.
2. AGE RESTRICTION & USER ROLES
2.1 Subscriber (Parent/Guardian)
The Subscriber must be at least 18 years old and must be the legal parent or guardian of any secondary user added to the Subscription. By creating a Subscription, the Subscriber represents and warrants that they are at least 18 years old and legally able to enter into this Agreement.
2.2 Secondary User (Teen)
The Service allows the Subscriber to add one or more teen users aged 13–17 (“Teen User”). Teen Users may only access the Service through an account created and controlled by the Subscriber.
2.3 Automatic Removal at Age 18
A Teen User remains an active user until the Teen User’s eighteenth (18th) birthday. Effective as of that date, the Teen User will be removed from the Subscriber’s account.
2.4 Underage
The Service is not intended for children under 13, and the Company does not knowingly collect personal information from children under 13. The Subscriber represents and warrants that no individual under 13 will be registered or permitted to use the Service.
2.5 Misrepresentation of Age or Eligibility
If the Subscriber provides false, inaccurate, or misleading information regarding a Teen User’s age, identity, eligibility, or the Subscriber’s status as parent or legal guardian, the Company may immediately suspend or terminate the affected account or access to the Service, remove the ineligible user, and deny re-enrollment, in each case without refund to the extent permitted by applicable law. The Subscriber remains responsible for any fees incurred and for any losses, damages, liabilities, claims, penalties, or reasonable compliance-related costs arising out of or relating to such misrepresentation, including costs associated with investigating, responding to, or remediating potential obligations under children’s privacy laws.
3. VERIFIABLE PARENTAL CONSENT (VPC)
By creating a paid Subscription and adding a Teen User, the Subscriber provides verifiable parental consent for the Company to collect, process, and analyze the Teen User’s information as part of the Service. The Subscriber affirms that they are the legal parent or guardian of each Teen User added to the Subscription and have the legal authority to grant such consent.
4. LICENSE TO USE WEBSITE AND SERVICE
The Website is informational only. The Company grants the Subscriber a limited, non‑exclusive, non‑transferable, revocable license to access the Website for informational purposes and to use the Service solely as intended within the mobile application.
5. SCOPE OF SERVICE
The Service is a subscription-based tool designed to collect, process, and present certain available data and signals associated with a Teen User’s online activity for informational purposes only. The Service is not a law-enforcement, emergency response, crisis intervention, medical, mental health, counseling, or legal service, and it is not a substitute for active parental supervision, independent judgment, or professional advice. The Company does not guarantee continuous, real-time, error-free, or complete observation of all online activity, content, communications, or risk. The Service does not access or use private communications or private data sources such as text messages, direct messages, emails, private inboxes, or similar non-public communications content. The Subscriber remains solely responsible for supervising the Teen User, evaluating any information provided by the Service, and deciding what actions, if any, to take.
6. INTELLECTUAL PROPERTY RIGHTS
All intellectual property contained in the Website and Service is owned by the Company. The Subscriber receives a limited license to view Website content and to use the Service as permitted under this Agreement.
7. PRIVACY INFORMATION
By using the Website or Service, the Subscriber may provide information about themselves and their Teen User. The Subscriber represents that they have the legal authority to provide such information on behalf of the Teen User. The Company may process such information in accordance with applicable law and its independently published and comprehensive Privacy Policy.
8. SUBSCRIBER RESTRICTIONS
The Subscriber shall not:
- (a) Publish Website or Service content externally, with the exception of one’s score published with credit to Percepta Social.
- (b) Transfer or resell access to the Service.
- (c) Damage or interfere with the Website or Service.
- (d) Use the Website or Service in violation of applicable law.
- (e) Use the Website for advertising or marketing.
- (f) Attempt to add any user for whom they are not the guardian
- (g) Attempt to add any user who is outside the service age range of 13–17.
9. SUBSCRIBER CONTENT
If the Subscriber submits content to the Website or Service, the Subscriber grants the Company a limited license to use such content for operational purposes.
10. SUBSCRIBER RESPONSIBILITY
The Subscriber is responsible for maintaining the confidentiality of their login credentials and for ensuring that Teen Users access the Service only as permitted.
11. DATA LOSS
Use of the Website and Service is at the Subscriber’s own risk. The Company is not responsible for loss of data, data corruption, delayed delivery, or unavailability resulting from the Subscriber’s actions, third-party failures, internet or telecommunications outages, software or hardware malfunctions, cybersecurity incidents, maintenance, or events beyond the Company’s reasonable control, including natural disasters and other acts of God. No system or security measure is guaranteed to be 100% secure or error-free, and the Subscriber is responsible for maintaining copies of any information the Subscriber wishes to preserve.
12. THIRD-PARTY CONTENT AND LINKS
The Website may contain third‑party links. The Company is not responsible for such content.
13. SUPPORT
Support applies to the Service and Website for which the Company makes every reasonable effort to provide prompt and fair responses to requests for assistance or new features. The Company is not responsible for outages, interruptions, delays, or technical issues caused by third-party services, platforms, hosting providers, internet providers, app stores, social media services, or other external systems on which the Website or mobile application may depend.
14. PRICING, BILLING, AND NONPAYMENT
The Service is offered on a monthly subscription basis and is priced per Teen User added to the Subscriber’s account. The Company reserves the right to change subscription pricing upon at least fourteen (14) days’ prior notice to the Subscriber. Unless earlier terminated by either party in accordance with this Agreement, each subscription will automatically renew and the payment method on file will be charged on a recurring monthly basis on the same calendar date each month, or if that date does not occur in a given month, on the nearest applicable date used by the Company’s billing system. A subscription for a Teen User will continue until the earlier of termination under this Agreement or the month prior to that Teen User’s eighteenth (18th) birthday.
If a scheduled payment is missed, one missed payment will be permitted without immediate consequence, provided that the overdue amount is promptly remediated. If the overdue amount remains unpaid when the next scheduled automatic payment date occurs, the Company may suspend or terminate access to the Service without further notice. The Subscriber is responsible for ensuring that the payment method on file remains valid and has sufficient available funds or credit, and the Company is not responsible for overdraft charges, insufficient funds fees, declined-payment fees, over-limit fees, interest, penalties, or similar charges imposed by the Subscriber’s bank, card issuer, or other payment provider.
15. NO SURREPTITIOUS CODE
The Company warrants that it does not knowingly include malicious code in the Website or Service. The Subscriber agrees not to introduce harmful code.
16. WARRANTIES
The Company disclaims all warranties to the maximum extent permitted by law. The Website and Service are provided “as‑is.”
17. CHANGES TO THESE TERMS
The Company reserves the right to update or modify this Agreement from time to time. Notice of material changes may be provided by one or more of the following methods: push notification, text message, or email. By continuing to access or use the Website or Service after such changes become effective, the Subscriber accepts the revised Agreement.
18. TERMINATION & REFUNDS
The Subscriber may terminate a subscription at any time, and the Company may suspend or terminate access for any reason permitted by this Agreement, including violation of this Agreement or nonpayment as described above. Unless otherwise required by applicable law, termination by the Subscriber will take effect at the end of the then-current monthly billing period, and the Service will continue until the next scheduled renewal date, after which no further automatic renewal charge will be debited for the terminated subscription. There are no prorated refunds. Terminated memberships by either party do not provide a guarantee of data persisting, including Percepta Social Score calculated to date. Any provisions of this Agreement that by their nature should survive termination shall survive, including without limitation intellectual property protections, payment obligations accrued before termination, limitations of liability, indemnification obligations, dispute resolution provisions, and any other rights or obligations intended to survive termination.
19. ARBITRATION
In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be One (1) arbitrator(s), who shall be appointed by Company. The venue of arbitration shall be in Fayette County, Kentucky. The arbitrator’s decision shall be final and binding on both Parties.
20. LIMITATION OF LIABILITY
The Company is not liable for damages arising from use of the Website or Service. To the maximum extent permitted by applicable law, the Company will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for claims based on alleged emotional distress, mental anguish, or similar non-economic injuries arising out of or relating to the Website or Service. The Company makes no guarantees that teen users will be prevented from self-harm or that Subscribers will be notified of such risks in time to act. To the maximum extent permitted by applicable law, the Company’s total aggregate liability arising out of or relating to the Website, the Service, or this Agreement is limited to the amount the Subscriber actually paid for the Service before the claim arose. In all events, that liability will not exceed twelve (12) months of fees actually paid for the Service.
The Subscriber understands that Artificial Intelligence (AI) is the engine for the analysis and score provided. AI is improving and changing rapidly, and results may vary from week to week or even more frequently. No content will be re-scored or re-analyzed once it becomes part of the aggregated social score. The Company does not control, and assumes no responsibility for who may access, use, or post content from a Teen User’s electronic devices, or for any resulting impact on a Teen User’s score or account activity. The Company is also not responsible for any access to or use of the Service resulting from shared passwords, compromised credentials, or the Subscriber’s or Teen User’s failure to maintain account security.
21. ELECTRONIC COMMUNICATIONS CONSENT
The Subscriber consents to receive communications from the Company electronically, including by email, text message, and push notification, for account, billing, service, legal, and operational purposes. The Subscriber is responsible for providing accurate contact information and for updating that information as needed. Electronic communications from the Company satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
22. INDEMNIFICATION
The Subscriber agrees to indemnify the Company for claims arising from misuse of the Website or Service, including misuse involving Teen Users.
23. LEGAL NOTICES
Legal notices must be delivered in writing to the Company’s designated address:
Registered Agents Inc
212 N. 2nd St.
STE 100
Richmond, KY, 40475
24. SEVERABILITY
Invalid provisions are severed; the remainder remains enforceable.
25. GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws principles.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties and may only be modified in writing.
27. ACCOUNT PROVISIONING
New subscribers selecting the hourly update plan may need to wait up to 90 minutes for the first round of data to populate as there is a dependency on the time in which the Teen Users complete their profile. The profile page provides the expected next data refresh time. The subscription begins at the time the Subscriber completes the sign up and makes the payment, not when the teen accepts the invitation code and enters their social handle(s).
28. OWNER, OPERATOR, CONTACT DETAILS
The Service is owned and operated by Percepta Social LLC. The CEO and Founder is Alan Weinstein. The Company can be contacted by:
Mail:
Percepta Social LLC
#1096
2321 Sir Barton Way Suite 140
Lexington, KY 40509
Phone: 859-693-7274
Email for Service Support: support@perceptasocial.com
Email for billing: finance@perceptasocial.com
Email for owner: ceo@perceptasocial.com