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Terms of Service
Last updated February 26, 2025
These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications (collectively, the "Service") offered by Perusall LLC ("Perusall", "we, or "us") from its offices within the United States. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. All those who access or use the Service ("Users") agree to be bound by these Terms.
The terms "you" and "your," as used in these Terms refer to you.
PLEASE READ THESE TERMS CAREFULLY AND COMPLETELY BEFORE USING THE SERVICE. THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND PERUSALL. YOUR ACCESS TO AND/OR USE OF THE SERVICE SHALL BE SUBJECT TO THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS. BY ACCESSING AND/OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND TO COMPLY WITH ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS, RULES AND REGULATIONS. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
The most current version of these Terms will always be available at perusall.com (the "Site"). We may revise these Terms, in whole or in part, at any time by posting revised terms on the Site. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms. If you do not consent to the Terms, as amended, do not access or use the Service.
Use of the Service
Subject to these Terms, Perusall grants you a worldwide, revocable, non-assignable, non-sublicensable, non-transferable, non-exclusive license to access and use the Service solely for personal, educational, and noncommercial purposes. While Perusall strives to create the most user-friendly and collaborative experience possible, all aspects of the Service are subject to change or elimination at Perusall's sole discretion.
Privacy Policy
To access the Service, you may be asked to provide information that personally identifies you, such as your name and e-mail address ("Personal Information"). If you communicate with Perusall by e-mail or otherwise complete online forms or the like, any information provided in such communication may be collected as Personal Information. All information that Perusall collects from you in connection with the Service, including without limitation Personal Information, is subject to the Perusall privacy policy, which is updated from time to time and is incorporated herein by reference ("Privacy Policy"). Please visit https://app.perusall.com/legal/privacy to access the current Privacy Policy.
Your Account/Registration
Registering an account in the manner set forth on the Site (an "Account") is required for use of the Service. You must be thirteen (13) years or older (or fourteen (14) years or older if you live in Spain or South Korea) to register an Account (the "Minimum Age"). By registering for an Account, you represent and warrant to Perusall that: (a) you are the Minimum Age or older at the time you register the Account; (b) all information provided by you to Perusall during the registration process is truthful, accurate and complete; (c) you will comply with the Terms; and (d) you will not use the Service for any purpose that is unlawful or prohibited by the Terms. If you are over the Minimum Age, but under the legal age of majority, your parent or legal guardian must on your behalf: (i) accept and consent to these Terms and the Privacy Policy; and (ii) bear all legal and financial responsibility and liability for your use of the Services. If you are an Instructor (defined below), you have full control and responsibility for determining which students (each, a "Student") shall be enrolled in any course you provide via the Service (each, a "Course"), including responsibility for obtaining any permission from parents or legal guardians required by these Terms or applicable law. You may remove any Student from one of your Courses, or delete a Course, at any time.
By registering an Account, you agree to maintain and promptly update your registration data as necessary to keep it accurate, current and complete. If Perusall requests registration information from you, you agree to provide Perusall with true, accurate, current, and complete information. Perusall may terminate your access to the Service, without prior notice or liability to you, if any information you provide to Perusall is found to be inaccurate, false, out of date or incomplete, or if you violate these Terms and/or the law.
You are responsible for maintaining the security of your Account as well as monitoring and controlling access to your Account. If there is a password associated with your Account, you may not reveal it to any other party. We require you to use "strong" and reasonably complex passwords that are not easily guessable. Perusall will not be liable for any loss or damage arising from your failure to comply with this instruction. You are responsible for maintaining the confidentiality of your Account and password. You agree to notify Perusall immediately (at [email protected]) of any unauthorized use of your Account, any unauthorized use of any password, or any other known or suspected breach of security. Perusall will not be liable for any loss or damage that may result if you fail to comply with these requirements and/or in the event of an unauthorized use by a third party of your Account. Perusall, in its sole discretion, may suspend or terminate your Account and refuse any and all current or future use of the Service, or any other service, for any reason at any time. Termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Perusall reserves the right to refuse Service to anyone for any lawful reason at any time.
If you no longer wish to maintain an Account, you may deactivate your Account at any time in the manner set forth on the Site. Once you deactivate your Account, your Account will not be viewable on the Site or through the Service. If your Account has been deactivated, you may request permanent deletion of your Account by contacting Perusall Support, and Perusall may permanently delete your Account if it has been deactivated. Even if your Account is deactivated and/or permanently deleted, some information associated with your Account (including, without limitation, information previously posted by you) may still be accessible: (1) by third parties that use or provide the Service; and (2) for purposes of using or providing the Service only. Additionally, Perusall may retain and use aggregated and anonymized data derived from your use of the Service for analytical purposes and to improve the Service, including sharing aggregated and anonymized data with publishers represented in our catalog and other third-party partners. You agree that Perusall is not responsible for the continued accessibility of any such information.
User Content
Areas of the Service allow you to submit, post and display, upload, link to, or otherwise make available information, text, graphics or other materials ("User Content"). Perusall does not claim ownership of any data or other content uploaded by you to the Service (collectively, "User Content"). You retain ownership of and your rights to User Content, and you are solely responsible for all User Content and all activity that occurs under your Account. You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to transmit, post or upload your User Content and to grant the rights granted by you herein. Perusall is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Content. You acknowledge and agree that Perusall: (a) may, but has no obligation to, monitor User Content; and (b) may disclose User Content to third parties as necessary or appropriate to provide the Service, satisfy Perusall's legal obligations, to protect Perusall or other users of the Service ("Users"). Perusall, in its sole discretion, may refuse to post, remove, or refuse to remove, any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of these Terms. Upon termination, deactivation or deletion of your Account, Perusall shall have no obligation to maintain or return to you any User Content. You hereby grant to Perusall and its service providers a perpetual, worldwide, royalty-free, non-exclusive license (with the right to sublicense) and right to copy, reproduce, adapt, publish, distribute, store, display, process, modify, retransmit, and use User Content in any way. You agree that this license includes the right for other users with permitted access to your User Content (such as Instructors and Students) to use your User Content in conjunction with participation in the Service and as permitted through the functionality of the Service.
You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You warrant, represent and agree that you will not post User Content that: (i) infringes, violates or otherwise interferes with any copyright or trademark of another party; (ii) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it; (iii) infringes any intellectual property right of another or the privacy or publicity rights of another; (iv) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, humiliating to other people (publicly or otherwise) or otherwise violates any law or right of any third party; (v) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (vi) contains other people's private or personally identifiable information without their express authorization and permission; (vii) violates any school or other applicable policy, including those related to cheating or ethics; or (viii) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Without limiting the forgoing, and for avoidance of doubt, you are solely responsible for obtaining such permissions and copyright clearances and/or licenses from third parties as may be needed in connection with uploading and use of the User Content in the Services. You are solely responsible, and Perusall shall have no liability, for any claims, demands, losses, liabilities, fees or other expenses to be paid in connection with obtaining such permissions, your failure to obtain necessary permissions, and any claims by third parties that the use or storage of the User Content in the Service infringes or violates any copyright or other right of any other person or entity. Perusall has no obligation to monitor the Service for inappropriate or infringing uses, but reserves the right to take down User Content, data or other material that may damage the Service, that is or may become subject to claims of infringement, or that otherwise violates these Terms.
Acceptable Use and Conduct/User Restrictions
You agree that you shall not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) access or search or attempt to access or search the Service by any means (automated or non-automated) other than through the currently available, published interfaces that are provided by Perusall (and only pursuant to these Terms), unless you have been specifically allowed to do so in a separate Terms with Perusall (e.g., scraping the Service without the prior written consent of Perusall except as permitted by these Terms is expressly prohibited); (iii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to create altered, deceptive or false source-identifying information; (iv) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending invalid data, virus, worms, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service; (v) use the Service to spam anyone; (vi) access or interfere with non-public areas of the Service, Perusall's computer systems or the servers running the Service; (vii) collect or harvest any personally identifiable information, including account names, from the Service; (viii) use the Service for any commercial solicitation purposes without Perusall's prior written permission; (ix) impersonate another person or otherwise misrepresent your affiliation with a person or entity; (x) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Perusall may use to prevent or restrict access to the Service or use of the Service or the content therein; (xi) attempt to circumvent printing, copying, or downloading limitations on copyrighted materials; (xii) upload User Content to which you do not have legal right to share; or (xiii) use the Service in any way that might bring Perusall into disrepute.
Fair Use
To ensure that the Service is performant and available to all users, Perusall may apply limits to your uploaded User Content and other use of the Service if it determines, in its sole discretion, that your use of the Service is excessive or could potentially impact the performance or availability of the Service for other Users.
FERPA
This section applies only to those users who access the Service in connection with classes offered by your educational agency or institution (the "School") that is subject to the Family Educational Rights and Privacy Act ("FERPA"). Certain information about the School's students may be contained in records maintained by Perusall, and this information may be confidential by reason of the Family and Educational Rights and Privacy Act of 1974 (20 U.S. C. 1232g) and related School policies unless valid consent is obtained from the School's students or their legal guardians. You and Perusall agree to protect these records in accordance with FERPA and School policy. To the extent permitted by law, nothing contained herein shall be construed as precluding either you or Perusall from releasing such information to the other so that each can perform its respective responsibilities.
The Service is not a part of or endorsed by the School. If you create a Course using the Service, you represent and warrant that the School associated with or created for such Course is valid and that you are validly affiliated with the School.
As part of the Service, the instructor, teacher, professor, group leader or other leader ("Instructor") may use Perusall to suggest grades for certain activities, such as annotations, but all decisions regarding grading is the responsibility of the Instructor.
Proprietary Rights
All right, title and interest in and to the Service (excluding your User Content), are and will remain the exclusive property of Perusall and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Perusall and its licensors (including other Users who post content to the Service). The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as explicitly provided herein, nothing in these Terms gives you a right to use the Perusall name or any of the Perusall trademarks, logos, domain names and other distinctive brand features.
Any feedback, comments, or suggestions you may provide regarding the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you.
You may access third-party content in your use of the Services ("Third Party Content"). You may not remove from any Third Party Content any third party's copyright notices or other identifier, except as allowed by the third-party's license of that Third Party Content. Perusall is not responsible for any content provided by any third party.
You agree that: (a) all rights to the contents, images, covers, and trademarks associated with Third Party Content belongs to the publisher, the User, or other entities who licensed rights to the publisher, the User, or the User's institution or organization; (b) your rights to Third Party Content are governed by copyright law and the terms and conditions established here and the rights of owners of the Third Party Content; (c) each item of Third Party Content sold to you or another User, or provided by a User, is for individual, personal, non-commercial and non-transferable use, on a single device at a time, and is not to be shared, distributed, or otherwise transferred to any third party; (d) access to Third Party Content on the Service may come with limitations determined by the publisher or other provider on printing, copying, and pasting; and (e) resale, rental, on-line hosting and/or other distribution by of any Third Party Content for use by multiple Users in the Course of which you are a member or for anyone outside the Course is not permitted.
If you purchase access to Third Party Content through the Service, you retain access to said Third Party Content as long as Perusall offers the Service and the expiration date listed on the purchase page for such Third Party Content (if any) has not been reached.
DMCA Notice
It is Perusall's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Perusall's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (1) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (2) Identification of the copyrighted work that you claim has been infringed; (3) Identification of the material that is claimed to be infringing and where it is located on the Service; (4) Information reasonably sufficient to permit Perusall to contact you, such as your address, telephone number, and email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; (6) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, Perusall LLC
Address: 2028 E Ben White Blvd, Suite 240-4400, Austin, TX 78741
Telephone: (857) 576-0720
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Perusall and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Perusall's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. For further information about the DMCA, please visit the website of the U.S. Copyright Office at: http://www.copyright.gov/onlinesp/.
In accordance with the DMCA and other applicable law, Perusall has adopted a policy of terminating, in appropriate circumstances and at Perusall's sole discretion, Accounts of Users who are deemed to be infringers or repeat infringers.
Third-Party Links
The Service may contain links to third-party websites, and other resources that are not owned or controlled by Perusall. These links do not imply any endorsement by Perusall or the assumption of any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Service, you do so at your own risk, and you understand that these Terms and Perusall's Privacy Policy do not apply to your use of such links. You expressly release Perusall from any and all liability arising from your use of any third-party website, service, or content. You acknowledge and agree that Perusall is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Open Source Licenses
Perusall may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Disclaimers of Warranty
YOUR ACCESS TO AND USE OF THE SERVICE OR ANY CONTENT THEREON IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, PERUSALL AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. Perusall will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any content thereon. You also agree that Perusall has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Perusall or through the Service, will create any warranty not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERUSALL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PERUSALL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Indemnification
You agree to defend, indemnify, and hold harmless Perusall, and its officers, members, managers, employees, and agents from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney's fees and costs, arising out of or connected with: (a) your use of our Service; (b) User Content you upload; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; and (e) your negligence or misconduct. Perusall reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will cooperate with Perusall in asserting any available defense.
Local Laws and Export Control
The Service is controlled and operated by Perusall from its facilities in the United States. Perusall, through the Site and the Service, provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control and other U.S. agencies. You acknowledge and agree that the Service, including without limitation the Site, shall not be used, and none of the underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Perusall and its licensors make no representation that the Service is appropriate or available for use in other locations outside the United States. You agree to be responsible, at your expense, for complying with all applicable laws and regulations of each jurisdiction where you or any of your Institutional Users use the Service (including, without limitation, laws and regulations pertaining to: (i) exports or imports of software and related property; (ii) use or remote use of software and related property; and (iii) registration of these Terms). Any diversion of the Service and/or any content obtained from or through the Service contrary to United States laws is prohibited.
Termination
Your license to use the Service under these Terms and any obligations of Perusall to you will automatically terminate if you fail to comply with these Terms. No notice will be required from Perusall to enforce such termination. In the event of such termination, all licenses and/or rights granted by Perusall will terminate automatically and immediately.
General Terms
These Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Unless submitted to arbitration as set forth in the following paragraph, any claim or dispute arising in connection with the Service shall be decided exclusively by a court of competent jurisdiction located in Delaware, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
In the event of any dispute between the parties which arises out or relates to these Terms, such disputes shall be finally determined by binding arbitration in Delaware and the rules of the JAMS. All such disputes shall be determined by three arbitrators selected jointly by the parties, and in the event that the parties cannot agree on one or more arbitrators, such arbitrators shall be selected by JAMS. All proceedings and documentation arising out of relating to such arbitration shall be considered confidential. Each party irrevocably submits to the exclusive jurisdiction of such arbitration panel.
These Terms, together with any written amendments and additional written agreements you may enter into with Perusall in connection with the Service, shall constitute the entire agreement between you and Perusall concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. These Terms supersede and replace any prior agreements between Perusall and you regarding the Service. In the event of any conflict between this Agreement (or any portion thereof) and any agreement between Perusall and your Institution, the terms of the agreement with your Institution shall prevail.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Perusall's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Perusall without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
When you use the Service or send email to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the Service. You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Please contact us at [email protected] with any questions regarding these Terms.