Inc.. (“Perch” “we” and “us”). These Terms set forth the terms and conditions
regarding your access to and use of the Perch website and any other services offered as
part of the Perch platform (the “Services”). You must agree to and accept all of the
Terms, or you don’t have the right to use the Services. Your using the Services in any
way means that you agree to all of these Terms, and these Terms will remain in effect
while you use the Service. As used herein, the term “Participating Organization” means
any organization or entity that has entered into an agreement with Perch regarding the
use of the Services by the Participating Organization’s members, employees, or students
(as applicable) at the Participating Organization’s gymnasium or similar athletic space.
PLEASE NOTE THAT PERCH DOES NOT MAKE ANY REPRESENTATIONS OR
WARRANTIES REGARDING THE AVAILABLITY, FITNESS, LAWFULNESS, OR
OTHER CHARACTERISTICS OF ANY PARTICIPATING ORGANIZATION’S
FACILITIES OR EQUIPMENT THAT USERS MAY UTILIZE WHILE USING PERCH’S
SERVICE. YOU UNDERSTAND AND AGREE THAT THE PARTICIPATING
ORGANIZATION’S EMPLOYEES OR OTHER AGENTS ARE NOT EMPLOYEES OR
AGENTS OF PERCH, AND PERCH IS NOT RESPONSIBLE FOR THEIR CONDUCT.
YOU ARE RESPONSIBLE FOR ENSURING THAT YOU ARE OF AN APPROPRIATE
FITNESS LEVEL TO USE THE SERVICE. EXERCISE GENERAL COMMON SENSE IN
DETERMINING WHETHER YOU ARE OF ADEQUATE PHYSICAL CONDITION TO
USE THE SERVICE. IF YOU ARE IN ANY DOUBT, PLEASE CONSULT A DOCTOR OR
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE
RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU
HEREBY AGREE THAT ALL DISPUTES ARISNIG FROM, RELATED TO, OR IN
CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN
ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS
SET FORTH IN SECTION 19 BELOW.
Perch reserves the right, at its sole discretion, to modify these Terms at any time and
without prior notice. If we modify these Terms, we will either post a notification of the
modification on our website or otherwise provide you with notice of the change. The
date of the last modification will also be posted at the beginning of these Terms. It is
your responsibility to check from time to time for updates. By continuing to access or
use the Service, you are indicating that you agree to be bound by any modified Terms.
These Terms include the provisions in this document, as well as those in
The Services are intended solely for persons who are at least 13 years old. By using the
Services you represent and warrant that you are at least 13 years old. If you are not 13 or
older, you may not use the Service.
In compliance with the requirements of Children’s Online Privacy Protection Act
(COPPA), we do not collect any information from any person under 13 years of age. If
you are aged 13 years or younger, you may not use our Services or access or provide any
user information. If you are 13 or older but under the age of 18, you may use our
Services only under the supervision of a parent or legal guardian who agrees to be
bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for
the benefit of a child who is 13 or older but under the age of 18, you are fully responsible
for his or her use of the Service.
5. User Accounts; Relevant Users
You are required to sign up for an account, and select a password and user name (“User
ID”). You promise to provide us with accurate, complete, and updated registration
information about yourself. You are obligated to use your own name.
“Athletes” are users affiliated with a Participating Organization that do not have
supervisory authority over other athletes. “Administrators” are users affiliated with a
Participating Organization that have supervisory authority over athletes affiliated with
that Participating Organization. Administrators have access to all of the data associated
with Athletes they supervise. As a non-limiting example, a Participating Organization’s
strength and conditioning coaches and trainers are typically Administrators. Each
Administrator is either a junior Administrator or a senior Administrator. Each
Participating Organization has one or more senior Administrators who determine which
Athlete accounts each junior Administrator will have access to.
If you would like us to terminate your account, please contact us at firstname.lastname@example.org.
Upon receipt of your request, and except as set forth below, we will remove your
account and your associated information from the Services within a reasonable time
period. Please note that any information you have submitted to publicly accessible areas
of the Services (such as a blog or message board) may not be removable. If we intend to
remove your account, we will try to provide advance notice to you prior to our removal
of your account, but we may not do so if we determine it would be impractical, illegal,
not in the interest of someone’s safety or security, or otherwise harmful to the rights or
property of Perch.
Furthermore, you may not transfer your account to anyone else without our prior
6. Acceptable Use
Perch hereby grants you permission to use the Services provided such use is in
compliance with these Terms, and you further specifically agree that your use will
adhere to, and that you understand the following restrictions and obligations:
If you are an Athlete, you may only use the Services for personal use. If you are an
Administrator, you may only use the Services for professional use and only for
overseeing the athletes’ workout data and accounts. With respect to all users, you may
not transfer your access to others, or allow others to access the Services through your
own access. If you wish to create an organizational or business account, please contact
Perch at email@example.com
You may only use the Services for lawful activity. It is your responsibility to comply
with all applicable local, state, and federal laws and regulations.
You may not interfere with or damage the Services including, without limitation,
through the use of viruses, bots, harmful code, denial-of-Services attacks, backdoors,
packet or IP address spoofing, forged routing, or any similar methods or technology.
Except as authorized through the Service, you may not copy, rip, or capture any content
encountered on the Service.
You may not use the Services to upload, transmit, or promote any material that infringes
or violates the intellectual property rights or any other rights of anyone else (including
The materials displayed or performed or available on or through the Services, including,
but not limited to, text, graphics, data, articles, photos, images, illustrations, User
Submissions, and so forth (all of the foregoing, the “Content”) are protected by
copyright and/or other intellectual property laws.
Further, you acknowledge that the Services, including all associated intellectual
property rights, are the exclusive property of Perch and its licensors.
Conditioned upon your compliance with these Terms, Perch grants you a limited, non-
exclusive, non-transferable license, to (i) access, view, and use the Services solely for
your personal use and (ii) access and view any Content to which you are permitted
access. You have no right to sublicense the license rights granted in this section. You will
not use, copy, adapt, modify, prepare derivative works based upon, distribute, license,
sell, transfer, publicly display, transmit, broadcast or otherwise exploit Services, except
as expressly permitted in these Terms. No licenses or rights are granted to you by
implication or otherwise under any intellectual property rights owned or controlled by
Perch or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, at our sole discretion, permit you to post, upload, publish, submit or transmit
content, including but not limited to workout routines or other demonstrations, (“User
Content”). For the avoidance of doubt, all data collected by Perch as a result of an
Athlete’s use of the Services is considered “User Content”. By submitting any User
Content on or through the Services, you grant to Perch a worldwide, irrevocable,
perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense,
to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display,
transmit, stream, broadcast, access, view, and otherwise exploit such User Content, in
any media, in order to (i) with respect to User Content other than your Athlete data,
operate, promote, improve, or market the Services; and (ii) with respect to your Athlete
data, operate and improve the Services. You acknowledge and agree that you are solely
responsible for all User Content. Accordingly, you represent and warrant that you have
all rights, licenses, consents and releases that are necessary to grant to Perch the license
8. Apple App Store Terms
These Terms apply to your use of all the Services, including the iPhone and iPad
applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but
the following additional terms also apply to the Application:
Both you and Perch acknowledge that the Terms are concluded between you and
Perch only, and not with Apple, and that Apple is not responsible for the
Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable,
non-sublicensable basis, solely to be used in connection with the Services for
your private, personal, non-commercial use, subject to all the terms and
conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you
own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish
any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable
warranty, including those implied by law, you may notify Apple of such failure;
upon notification, Apple’s sole warranty obligation to you will be to refund to
you the purchase price, if any, of the Application;
You acknowledge and agree that Perch, and not Apple, is responsible for
addressing any claims you or any third party may have in relation to the
You acknowledge and agree that, in the event of any third party claim that the
Application or your possession and use of the Application infringes that third
party’s intellectual property rights, Perch, and not Apple, will be responsible for
the investigation, defense, settlement and discharge of any such infringement
You represent and warrant that you are not located in a country subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist supporting” country, and that you are not listed on any U.S.
Government list of prohibited or restricted parties;
Both you and Perch acknowledge and agree that, in your use of the Application,
you will comply with any applicable third party terms of agreement which may
affect or be affected by such use; and
Both you and Perch acknowledge and agree that Apple and Apple’s subsidiaries
are third party beneficiaries of these Terms, and that upon your acceptance of
these Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms against you as the third party beneficiary hereof.
We welcome and encourage you to provide feedback, comments and suggestions for
improvements to the Services (“Feedback”). You agree that Perch has the right, but not
the obligation, to use such Feedback without any obligation to provide you credit,
royalty payment, or ownership interest in the changes to the Service.
10. Notice of Copyright Infringement
Perch respects copyright law and expects our users to do the same. In accordance with
the Digital Millennium Copyright Act (“DMCA”) of 1998, the text of which may be
found on the U.S. Copyright Office website
Perch will respond to claims of
copyright infringement committed using the Services that are reported to us, provided
they meet the criteria below.
You may deliver this notice, with all items completed, to us, as follows:
the identity of the copyrighted work that you claim has been infringed, or, if multiple
copyrighted works are covered by this Notice, a comprehensive list of the copyrighted
works that you claim have been infringed;
the material that you claim is infringing, and information reasonably sufficient to permit
us to locate the material, including at a minimum, the URL of the link shown on the
Services where such material may be found;
your mailing address, telephone number, and, if available, email address;
a statement that you have a good faith belief that the disputed use of the copyrighted
material is not authorized by the copyright owner, its agent, or the law;
a statement that the information in this Notice is accurate and, under penalty of perjury,
that you are the owner, or authorized to act on behalf of the owner, of the copyright or
of an exclusive right under the copyright that is allegedly infringed; and
your full legal name and your electronic or physical signature.
Catalyft Labs, Inc.
Upon receipt of the Notice as described below, Perch will take whatever action, in its
sole discretion, it deems appropriate, including removal of the challenged material from
288 Norfolk Street,
Cambridge MA 02139
Perch may immediately and without notice terminate these Terms and disable your
access to the Services if Perch determines, in its sole discretion, that (a) you have
materially breached these Terms; (b) you have violated applicable laws, regulations or
third-party rights; © such action is needed to protect the safety or property of other
users, Perch, or third parties; or (d) the agreement with the Participating Organization
Provisions that, by their nature, should survive termination of these Terms shall survive
termination. By way of example, all of the following will survive termination: any
obligation you have to pay us, any limitations on our liability, any terms regarding
ownership or intellectual property rights, and terms regarding disputes between us.
12. Third Party Content
By using Perch’s Services, Perch may provide you with access to third party websites,
information, and Services, including but not limited to third party databases, networks,
servers, software, programs, systems, directories, applications, or products. You hereby
acknowledge that Perch does control such third-party websites and Services, and cannot
be held responsible for their content, operation, or use. Perch does not give any
representation, warranty, or endorsement, express or implied, with respect to the
legality, accuracy, quality, or authenticity of content, information, or Services provided
by such third-party websites and Service. Perch disclaims any and all responsibility or
liability for any harm resulting from your use of such third-party websites and Services,
and you hereby irrevocably waive any claim against Perch with respect to the content or
operation of any such third-party websites and Service.
13. Disclaimer of Warranties; Disputes with Other Users
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AT YOUR
OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” AND PERCH,
ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM
ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY,
MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR
REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.
PERCH, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT
REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR
OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES
WILL BE TRANSMITTED THROUGH THE SERVICES.
Because some states do not permit disclaimer of implied warranties, you may have
additional consumer rights under your local laws.
If there is a dispute between users of our Services, or between users and any third party,
you agree that Perch is under no obligation to become involved. In the event that you
have a dispute with one or more other users, you release Perch, its officers, employees,
agents, and successors from claims, demands, and damages of every kind or nature,
known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of
or in any way related to such disputes and/or our Services.
14. Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL PERCH
(OR ITS LICENSORS, PARTNERS, AGENTS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION,
OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $20 OR (II) THE AMOUNTS PAID BY
YOU TO PERCH IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE
CLAIM, OR © ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any notices or other communications permitted or required hereunder, including those
regarding modifications to these Terms, will be in writing and given by Perch (a) via
email (in each case to the address that you provide) or (b) by posting to the website or
other Perch Service.
16. No Waiver
The failure of Perch to enforce any right or provision of these Terms will not constitute a
waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without
Perch’s prior written consent. Any attempt by you to assign or transfer these Terms
without such consent will be null and of no effect. Perch may assign or transfer these
Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms
will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms do not and are not intended to confer any rights or remedies upon any
person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of
these Terms invalid or unenforceable, that provision will be enforced to the maximum
extent permissible and the other provisions of these Terms will remain in full force and
These Terms are governed by and will be construed under the laws of the
Commonwealth of Massachusetts, without regard to the conflicts of laws provisions
thereof. Any dispute arising from or relating to the subject matter of these Terms shall
be finally settled in Middlesex County, Massachusetts, in English, in accordance with the
Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation
Service, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial
experience in resolving intellectual property and commercial contract disputes, who
shall be selected from the appropriate list of JAMS arbitrators in accordance with such
Rules. Judgment upon the award rendered by such arbitrator may be entered in any
court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate
disputes, each party shall have the right to pursue injunctive or other equitable relief at
any time, from any court of competent jurisdiction. For all purposes of these Terms, the
parties consent to exclusive jurisdiction and venue in the state or federal courts located
in Middlesex County, Massachusetts. YOU UNDERSTAND AND AGREE THAT BY
ENTERING INTO THESE TERMS, YOU AND PERCH ARE EACH WAIVING THE
RIGHT TO TRIAL BY JURY.
20. Entire Agreement
These Terms constitute the entire agreement between you and Perch regarding your use
of Perch’s Services, and supersede all prior written or oral agreements. Additional terms
may apply to certain products or Service. In the event that there is a conflict between
these Terms and any additional terms, the additional terms will control.
If you have questions about this Policy, or about our use of your information, please
contact us at firstname.lastname@example.org.
Catalyft Labs, Inc.
288 Norfolk Street,
Cambridge MA 02139