Terms and Conditions

By using our website and services, you agree to comply with and be bound by the following terms and conditions.

Last Updated: November 10, 2025

1. ACCEPTANCE OF TERMS

By accessing or using the PerformanceX website (the “Website” or “Site”) located at performancex.ai, you agree to be bound by these Terms and Conditions (“Terms”), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this Site.

These Terms apply to all visitors, users, and others who access or use the Website, including but not limited to:

Casual visitors browsing our content
Prospective customers evaluating our services
Individuals registering for demos or trials
Existing customers accessing resources
Partners and affiliates

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Website following any changes constitutes acceptance of those changes.

2. WEBSITE USE LICENSE

Permitted Use

Permission is granted to temporarily access and use the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

Modify or copy Website materials
Use materials for commercial purposes or public display
Attempt to decompile or reverse engineer any software on the Website
Remove any copyright or proprietary notations from materials
Transfer materials to another person or “mirror” materials on any other server
Use the Website to train artificial intelligence or machine learning models
Scrape, harvest, or collect information using automated means

This license shall automatically terminate if you violate any of these restrictions and may be terminated by PerformanceX at any time. Upon termination, you must destroy any downloaded materials in your possession.

Account Responsibilities

If you create an account on our Website, you are responsible for:

Maintaining the confidentiality of your account and password
All activities that occur under your account
Notifying us immediately of any unauthorized use
Ensuring all information provided is accurate and current

3. INTELLECTUAL PROPERTY RIGHTS

Our Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by PerformanceX, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Trademarks

PerformanceX, the PerformanceX logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PerformanceX or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

User Submissions

Any feedback, comments, suggestions, ideas, or other information you submit to us regarding the Website or our services (“Submissions”) will become our exclusive property. We will own all rights, title, and interest in and to such Submissions and will not be limited in any way in our use of them.

4. PROHIBITED USES

You may not use the Website:

Unlawful or Harmful Purposes

For any unlawful purpose or to solicit others to perform unlawful acts
To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
To infringe upon or violate our intellectual property rights or the rights of others
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
To submit false or misleading information
To upload or transmit viruses or any other type of malicious code

Technical Harm

To interfere with or disrupt the Website or servers/networks connected to the Website
To attempt to gain unauthorized access to any portion of the Website
To attack the Website via a denial-of-service attack or distributed denial-of-service attack
To probe, scan, or test the vulnerability of any system or network
To breach or circumvent any security or authentication measures

Commercial Harm

To compete with us or promote competing services
To sell or otherwise transfer your account access
To use the Website for benchmarking or competitive analysis
To build a similar or competitive website or service
To recruit or solicit our employees or customers

5. CONTENT AND INFORMATION

Accuracy of Information

The information on this Website is provided for general informational purposes only. While we strive to keep information up to date and correct, we make no representations or warranties of any kind about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or graphics contained on the Website.

No Professional Advice

Nothing on this Website constitutes legal, financial, employment, or professional advice. The information provided about employee monitoring, performance management, and workplace analytics is for informational purposes only. You should consult with appropriate professionals before implementing any workplace monitoring or making employment decisions.

Third-Party Content

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors. All statements and opinions expressed in these materials are solely the opinions of the person or entity providing those materials and do not reflect our opinions.

6. DISCLAIMERS AND LIMITATIONS OF LIABILITY

Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PERFORMANCEX MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

PerformanceX does not warrant that:

The Website will function uninterrupted, secure, or available at any time or location
Any errors or defects will be corrected
The Website is free of viruses or other harmful components
The results of using the Website will meet your requirements

Limitation of Liability

IN NO EVENT SHALL PERFORMANCEX, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your use or inability to use the Website
Any unauthorized access to or use of our servers and/or any personal information stored therein
Any interruption or cessation of transmission to or from the Website
Any bugs, viruses, trojan horses, or the like that may be transmitted through the Website
Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website

The limitations of this section shall apply whether or not PerformanceX has been warned of the possibility of such damages.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PerformanceX, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms
Your use of the Website
Your violation of any rights of another party
Your violation of any applicable laws
Any content you submit to the Website

8. USER CONTENT AND COMMUNICATIONS

User Responsibilities

You are solely responsible for any content you submit, post, or transmit through the Website. You represent and warrant that:

You own or have the necessary rights to any content you submit
Your content does not infringe any third-party rights
Your content complies with all applicable laws
Your content is not false, misleading, or fraudulent
Your content does not contain viruses or harmful code

License to User Content

By submitting content to the Website, you grant PerformanceX a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

9. PRIVACY AND DATA PROTECTION

Your use of the Website is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Website, you consent to the collection and use of your information as described in the Privacy Policy.

For questions about our privacy practices, please review our Privacy Policy or contact us at hello@performancex.ai.

10. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

Copyright Infringement Claims

If you believe that content on our Website violates your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA) by providing the following information:

Physical or electronic signature of the copyright owner or authorized person
Identification of the copyrighted work claimed to be infringed
Identification of the material to be removed and information to locate it
Your contact information
A statement that you have a good faith belief that use is not authorized
A statement under penalty of perjury that the information is accurate

DMCA Contact

Send DMCA notices to: hello@performancex.ai

11. THIRD-PARTY LINKS AND SERVICES

The Website may contain links to third-party websites or services that are not owned or controlled by PerformanceX. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that PerformanceX shall not be responsible or liable for any damage or loss caused by your use of any third-party content, goods, or services.

12. SERVICE INFORMATION

Demo and Trial Terms

If you register for a demo or free trial:

You agree to provide accurate and complete information
You understand that the demo/trial is for evaluation purposes only
You agree not to use the demo/trial for production or commercial purposes
We may contact you regarding your experience and interest in our services

No Guarantee of Service Availability

References to our PerformanceX service on the Website are for informational purposes. Actual service features, pricing, and availability may vary and are governed by separate service agreements.

13. GEOGRAPHIC RESTRICTIONS

The Website is controlled and operated from the United States. We make no representations that the Website is appropriate or available for use in other locations. Those who access the Website from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

14. AGE RESTRICTIONS

The Website is not intended for individuals under the age of 18. By using the Website, you represent and warrant that you are at least 18 years of age. If you are under 18, you may not use the Website.

15. TERMINATION

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive.

16. GOVERNING LAW AND DISPUTE RESOLUTION

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Arbitration Agreement

Any dispute arising out of or relating to these Terms or the Website shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

17. MISCELLANEOUS

Entire Agreement

These Terms constitute the entire agreement between you and PerformanceX regarding the use of the Website and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert a right or provision shall not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder. PerformanceX may assign these Terms without restriction.

Force Majeure

PerformanceX shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Electronic Communications

By using the Website, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

18. CONTACT INFORMATION

For questions about these Terms and Conditions, please contact us at:

PerformanceX
Email: hello@performancex.ai
Website: performancex.ai

For service-specific inquiries, please refer to your service agreement or contact your account representative.

19. CALIFORNIA RESIDENTS

If you are a California resident, you have certain rights under California law, including the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for more information about your rights and how to exercise them.

20. ACCESSIBILITY

We are committed to making our Website accessible to all users. If you have difficulty accessing any part of the Website, please contact us at hello@performancex.ai, and we will work to provide the information you seek in an alternative format.

21. UPDATES TO TERMS

We reserve the right to update these Terms at any time. When we do, we will revise the “Last Updated” date at the top of these Terms. We encourage you to frequently check these Terms for any changes. Your continued use of the Website after any modifications constitutes acknowledgment and acceptance of the updated Terms.

22. MARKETING AND PROMOTIONAL COMMUNICATIONS

By providing your contact information through the Website, you may receive marketing communications from us. You can opt out of these communications at any time by following the unsubscribe instructions in our emails or by contacting us at hello@performancex.ai.

23. EXPORT COMPLIANCE

You may not use or export any content or services from this Website in violation of U.S. export laws and regulations. You represent and warrant that you are not located in a country subject to U.S. embargo or designated as a “terrorist supporting” country, and you are not on any U.S. list of prohibited or restricted parties.

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Version History:
v1.0 – November 9, 2025 – Initial publication