Last Updated: November 25, 2025
Welcome to Perkey (“Perkey,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of our website, mobile applications, platform, and related services (the “Services”).
By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
1. Overview of Perkey
Perkey is a platform that connects creators (“Creators”) with local businesses (“Brands”) offering complimentary or discounted products, services, or experiences (“Perks”) in exchange for social media content or other deliverables.
Perkey facilitates introductions, tracking, and analytics but is not a party to any agreement between Creators and Brands and does not guarantee outcomes.
2. Eligibility
To use the Services, you must:
Be at least 18 years old
Be legally able to agree to these Terms
Use accurate and truthful information
Comply with all applicable laws and platform rules
Creators may be required to meet follower, engagement, or verification thresholds.
3. Account Registration & Security
You are responsible for all activity under your account. You agree to:
Provide accurate information
Maintain account confidentiality
Notify us of unauthorized activity
We may refuse, suspend, or terminate accounts at our discretion.
4. Relationship Between Creators, Brands & Perkey
Perkey is not:
An employer
A talent agency
A booking agent
A contractor
A franchisor
A representative of any Creator or Brand
Creators and Brands are independent parties who negotiate and engage directly.
Perkey does not control the quality, safety, legality, or delivery of Perks or content.
You agree that:
All risk arising from Creator/Brand interactions is assumed solely by the users.
Perkey is not liable for disputes, injuries, damages, failures to perform, misrepresentations, negative experiences, or unmet expectations.
5. Creator Responsibilities
5.1 Honest Content & Positive Experience Requirement
By claiming a Perk, you agree to post only if you had a positive, genuine experience.
If you had an unsatisfactory experience and choose not to post, you must submit private feedback via Perkey’s feedback system.
5.2 Posting Requirements
Creators must comply with:
Deliverable type
Posting deadlines
Required tags, mentions, or captions
Media requirements
FTC disclosure rules (#ad, #partner, etc.)
5.3 Non-Posting Due to Poor Experience
If a Creator decides not to post:
They must submit truthful, private feedback
Feedback may be shared with the Brand
Creator may not publicly disparage the Brand in connection with the Perk experience
Repeated failures may result in suspension
6. Brand Responsibilities
Brands must:
Honor Perks exactly as described
Provide a safe, legal, and professional experience
Clearly disclose restrictions or requirements
Not require payment for redemption unless stated
Comply with health, safety, and business laws
Brands may not retaliate against Creators who submit negative feedback.
7. Platform Rules
Users may not:
Claim Perks without intent to redeem
Engage in fraudulent, defamatory, or deceptive activity
Abuse chargebacks or dispute processes
Scrape or reverse-engineer the platform
Upload harmful, infringing, or illegal content
We may suspend, remove, or restrict access at any time and for any reason.
8. Fees & Payments (Brands)
Brands may subscribe to:
Free Tier
Core Plan
Growth + AI Plan
Fees are billed monthly or annually and are non-refundable unless required by law.
Plans, pricing, features, and limits may be changed at any time.
9. Intellectual Property & License Grant
Perkey owns all rights to its:
Software
Platform
Logos
Branding
Analytics
UI/UX
Architectural design
Creators retain rights to their content but grant Perkey and the associated Brand a limited, non-exclusive, royalty-free license to:
Display, track, analyze, and store the content
Use content within dashboards, case studies, or performance reports
Generate aggregate insights
This license survives account deletion.
10. Analytics, Data & API Permissions
By using the Services, you explicitly authorize Perkey to:
Access Creator metrics through approved APIs (Instagram, TikTok, etc.)
Collect and analyze engagement, impressions, followers, and performance data
De-identify and aggregate data
Display metrics to Brands as part of Perk analytics
Store data as needed to provide the Services
You may revoke API access at any time; however, features may stop functioning.
11. Feedback, Reviews & Non-Disparagement
Creators agree:
Feedback submitted through Perkey must be truthful
They will not publicly disparage a Brand or Perkey based on a Perk experience
They release Perkey from liability for feedback shared with Brands
Perkey is not responsible for user-submitted feedback or its consequences.
12. Taxes
Creators acknowledge:
Perks may constitute taxable income
Perkey does not provide tax advice
Perkey does not issue tax documents unless required
Users are responsible for all reporting obligations.
13. DMCA (Copyright) Policy
Perkey complies with the Digital Millennium Copyright Act (DMCA).
We may remove or disable content alleged to be infringing.
To file a claim or counter-notice, contact:
📩 [email protected]
14. Security
We use commercially reasonable measures to secure the platform but cannot guarantee that unauthorized access will never occur.
Users assume risk for:
Third-party integrations
API connectivity
Password choices
Account sharing
15. ADA & Accessibility
Perkey aims to provide accessible services.
Requests or accessibility concerns may be submitted to:
📩 [email protected]
16. Third-Party Platforms
Perkey is not sponsored, endorsed, or affiliated with Instagram, Meta, TikTok, or other platforms.
You agree to comply with each platform’s terms.
Revoking permissions may affect functionality.
17. Force Majeure
We are not liable for delays or failures caused by events outside our reasonable control, including:
API outages
Platform downtimes
Natural disasters
Labor disputes
Cyberattacks
System failures
18. Disclaimers
The Services are provided “as is” and “as available.”
We disclaim all warranties, express or implied, including merchantability, fitness, and non-infringement.
We do not guarantee:
Perk quality
Creator performance
Analytics accuracy
Platform availability
Business outcomes
19. Limitation of Liability
To the maximum extent permitted by law:
Perkey is not liable for:
Lost profits
Loss of business or goodwill
Reputational harm
Emotional distress
Data inaccuracies
API failures
Personal injury related to Perks
Actions or omissions of Creators or Brands
Total liability is limited to the lesser of:
$100, or
The amount paid to Perkey in the previous 12 months
20. Release of Claims
You release Perkey from all claims, damages, disputes, injuries, or losses arising from:
Creator/Brand interactions
Perk experiences
Content posted or not posted
Misrepresentation by other users
Use or misuse of data or analytics
Feedback shared with Brands
21. Indemnification
You agree to defend and indemnify Perkey against all claims arising from:
Your use of the Services
Your interactions with Creators or Brands
Your content
Your violation of these Terms
Your violation of laws, including FTC requirements
22. Mandatory Arbitration & Class Action Waiver
This is one of the strongest protections available.
22.1 Binding Arbitration
All disputes must be resolved through final and binding arbitration under the rules of the American Arbitration Association (“AAA”).
22.2 Class Action Waiver
You agree to waive any right to participate in a class action, class arbitration, or representative proceeding.
22.3 Jury Trial Waiver
You waive the right to a jury trial.
22.4 Opt-Out
You may opt out within 30 days of account creation by emailing:
📩 [email protected]
23. Termination
We may suspend or terminate your account at any time for:
Violations
Fraud
Abuse
Safety concerns
Business reasons
API revocation
Upon termination:
Access to Perks ends
All licenses to Perkey survive
Arbitration & indemnification survive
No refunds are provided
24. Changes to Terms
We may modify these Terms at any time.
Continued use constitutes acceptance.
If you disagree, your only remedy is to stop using the Services.
25. Governing Law
These Terms are governed exclusively by the laws of the State of Michigan, without regard to conflict-of-law principles.
26. Contact
For questions, notices, feedback, or legal claims:
[email protected]