Platform Terms of Service

1 About These Terms

These Terms of Service (“Terms”) form a legally binding agreement between you (“you”, “your”, the “User”) and PerkIQ Ltd, company number 17102662, VAT number GB 516 4012 29, registered in England and Wales (“PerkIQ”, “we”, “us”, “our”).

By registering for or using the PerkIQ platform at www.perkiq.co.uk (“Platform”), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you are accepting these Terms on behalf of a company or other legal entity, you confirm that you have authority to bind that entity.

These Terms are governed by the laws of England and Wales.

2 Eligibility

To use the Platform you must:

• Be aged 18 or over
• Be using the Platform for business purposes, not as a consumer
• Have authority to bind your employer or client organisation where you are registering on their behalf

The Platform is intended for use by UK-based employers. Use from outside the United Kingdom is permitted but PerkIQ makes no representation that the Platform is appropriate or compliant with the laws of any other jurisdiction.

3 Account Registration

You must provide accurate and complete information when registering. You are responsible for:

• Keeping your login credentials confidential
• All activity that occurs under your account
• Notifying us immediately of any unauthorised access at info@perkiq.co.uk

You may not share your account credentials with third parties or register multiple accounts for the same individual. Each account is for a single legal entity. We may suspend or terminate accounts that we reasonably believe have been created fraudulently, are being used in violation of these Terms, or present a risk to platform security.

4 The Platform and Our Services

PerkIQ provides an employer-facing benefits intelligence platform including a Snapshot health check, Deep Dive diagnostic, Insights Engine, Action Tracker, Provider Directory, Benefits Hub, and Employee Survey tool.

Where your subscription includes it, PerkIQ also provides an employee benefits portal through which the people you employ can view the benefits you offer. The portal is available as a web application and as mobile applications for iOS and Android. A portal user may choose to receive push notifications about updates you publish. Your use of the portal is subject to these Terms; your employees' use of it is subject to the portal terms of use and the portal privacy notice made available to them within the portal.

The Snapshot scoring engine is entirely deterministic. It does not use artificial intelligence. The same inputs will always produce the same score. Where AI-assisted features are made available, this will be clearly indicated. AI-generated content is informational only and does not constitute professional HR, legal, or financial advice.

The Platform is available for general use. We reserve the right to modify, suspend, or discontinue any feature at any time. Where a modification is material, PerkIQ will provide not less than 14 days' written notice before the change takes effect.

5 Acceptable Use

You agree not to:

• Use the Platform in breach of any applicable law or regulation
• Upload or transmit any content that is unlawful, harmful, defamatory, or infringes third-party intellectual property rights
• Attempt to gain unauthorised access to any part of the Platform or its underlying systems
• Use automated scripts, bots, or scraping tools to extract data from the Platform
• Reverse engineer, decompile, or otherwise attempt to derive the source code of the Platform
• Resell, sublicence, or otherwise make the Platform available to third parties except as expressly permitted under a separate written agreement with PerkIQ
• Use the Platform to process or store personal data in violation of UK GDPR or the Data Protection Act 2018
• Upload content that contains malware, viruses, or other malicious code

We reserve the right to remove any content that violates these requirements and to suspend or terminate access without notice where a breach is serious.

6 Intellectual Property

All intellectual property rights in the Platform, including its software, design, scoring logic, provider data, and content, are and remain owned by PerkIQ Ltd or our licensors. Your subscription grants you a non-exclusive, non-transferable, revocable licence to use the Platform during the term of your subscription, solely for your internal business purposes.

You retain ownership of any data you upload to or generate within the Platform. You grant PerkIQ a limited licence to process and store that data for the purpose of delivering the Platform's services to you.

We may use anonymised, aggregated, non-attributable data derived from Platform usage for benchmarking, product improvement, and research. No data that identifies you or your organisation will be used for these purposes without your consent. Where PerkIQ processes personal data as your processor, this right is exercised only to the extent permitted by the Data Processing Agreement referred to in clause 11.

7 Subscription, Billing, and Cancellation

7.1 Plans

PerkIQ offers a Starter plan (free) and a paid Full platform plan.

The Full platform plan is priced by the number of employees in your organisation. Every price band includes the same features; the band affects the price only. Current bands and prices are set out on the Pricing page.

Organisations with more than 500 employees are not able to subscribe online and are provided for under a separate written agreement.

Features available on each plan are as described on the Pricing page at the time of subscription.

7.2 Payment

Paid subscriptions are billed in advance, either annually or in monthly instalments. By providing payment details you authorise us to charge the applicable fee on each billing date. All prices are exclusive of VAT.

Minimum term. Paid subscriptions run for a minimum term of 12 months from the date the subscription starts. This applies whether you are billed annually or in monthly instalments; choosing monthly instalments changes when you pay, not the length of the commitment.

Renewal. At the end of the minimum term the subscription renews automatically for a further 12 months, unless cancelled in accordance with clause 7.3. We will give you not less than 30 days' notice in writing before each renewal date.

7.3 Cancellation and refunds

To cancel your subscription, email support@perkiq.co.uk. Cancellation takes effect at the end of your current term and access continues until then. Cancellation is not available through account settings.

To prevent a subscription renewing, we must receive your cancellation not less than 30 days before the end of the current term. A cancellation received later than that takes effect at the end of the following term.

We will acknowledge your cancellation in writing within 5 business days of receiving it. If you have not received an acknowledgement within that period, your cancellation may not have reached us and you should contact us at info@perkiq.co.uk. Where you can show that you sent a cancellation within the period required by this clause, we will treat it as received on the date you sent it.

No refund is payable for any unused prepaid period where you choose to cancel, except where required by law or where PerkIQ has materially failed to deliver the service.

Where PerkIQ discontinues the Platform or a feature that was material to your subscription and gives you notice under clause 14, PerkIQ will refund a pro-rata portion of any prepaid annual fee corresponding to the unused period remaining after the effective discontinuation date.

For direct subscribers, PerkIQ reserves the right to modify subscription pricing with not less than 30 days' written notice. No change to the price of your subscription takes effect during a minimum term or renewal term that has already begun. A price change notified during a term takes effect from your next renewal date, and continued use after that date constitutes acceptance of the new pricing. This clause applies to direct subscription relationships only and does not govern pricing under any broker or reseller arrangement, which is subject to the terms of the applicable Broker and Reseller Agreement.

7.4 Free trials

Where a free trial is offered, your account will convert to a paid subscription at the end of the trial unless you cancel before it expires. We will notify you before the trial ends.

7.5 Employee numbers

Your subscription price is determined by the number of Employees in your organisation.

Employee means each individual employed or engaged by you in the United Kingdom under a contract of employment, counted as a headcount and not as a full-time equivalent. It includes part-time, fixed-term and seasonal staff, individuals on any form of paid or unpaid leave (including maternity, paternity, adoption, shared parental, sick and sabbatical leave), and directors who are also employees.

Employee does not include self-employed contractors, consultants or agency workers who are not on your payroll, non-executive directors who are not employees, or individuals employed by a parent, subsidiary or other group company that holds its own PerkIQ subscription.

Where your organisation comprises more than one legal entity and those entities access the Platform under a single account, the number is the total across all of them.

An individual who is not an Employee but to whom you grant access to the employee benefits portal counts as an Employee for pricing purposes for as long as that access continues.

(a) Accuracy. You warrant that the number you declare is accurate as at the date you declare it, and you agree to update it through the Platform if your number of Employees changes such that it falls into a different price band.

(b) Verification. Where you use the employee portal or employee surveys, you agree that we may compare your declared number with the aggregate number of individuals recorded in those features. You acknowledge that this comparison establishes a minimum only: it reflects the individuals to whom you have chosen to give access, which may be fewer than your total Employees. We may rely on it to identify a declared number that is lower than that minimum, but not to establish your total number of Employees. The comparison uses aggregate counts only and does not involve PerkIQ reading any individual employee record.

(c) Increases. If your number of Employees moves into a higher band during a term, the higher price applies from the date of the change and we will charge the difference for the remainder of the term on a pro rata basis. We will tell you before making any such charge.

(d) Decreases. If your number of Employees moves into a lower band during a term, the lower price applies from your next renewal date. The price you pay during the current term does not reduce.

(e) Under-declaration. Where your actual number of Employees materially exceeded your declared number, we may charge the difference between the price you paid and the price that applied to your actual number of Employees for the period concerned, calculated at the prices listed on the Pricing page during that period. For this purpose a discrepancy is material only if your actual number of Employees fell in a higher price band than the one you paid for.

Before making any adjustment under this clause we will give you not less than 14 days' written notice setting out the figures we have relied on. Within that period you may correct your declared number or provide evidence of your actual number of Employees, and we will take that evidence into account before making any charge.

We will not seek an adjustment in respect of any period ending more than 12 months before the date of that notice. Any discount or promotional rate that applied to your subscription applies equally to an adjustment under this clause. An adjustment is limited to the difference in subscription fees; no interest, administration charge or other sum is payable in respect of it.

8 Suspension

Where PerkIQ suspends your account for breach of these Terms or for security reasons:

• Your access to the Platform will be restricted for the duration of the suspension
• Billing will be paused for the duration of a suspension imposed by PerkIQ. Billing continues during any voluntary account pause requested by you.
• Your data will be preserved and will remain accessible to you upon reinstatement
• To request reinstatement, contact info@perkiq.co.uk. PerkIQ will review your request and respond within 5 business days.
• PerkIQ may convert a suspension to permanent termination if the breach is not remedied or if further breaches occur during or after a suspension period

9 Disclaimer of Warranties

The Platform is provided “as is” and “as available”. To the fullest extent permitted by law, PerkIQ disclaims all warranties, express or implied, including that the Platform will be uninterrupted or error-free, that diagnostic outputs or recommendations are accurate or suitable for any particular purpose, or that the Platform constitutes professional HR, legal, or financial advice.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.

10 Limitation of Liability

Subject to clause 9, PerkIQ's total liability to you under or in connection with these Terms shall not exceed the greater of: the total fees paid by you to PerkIQ in the 12 months immediately preceding the event giving rise to the claim, or one thousand pounds (GBP 1,000).

PerkIQ will not be liable for any indirect, special, incidental, or consequential loss or damage, including loss of profits, loss of data, loss of goodwill, or business interruption, even if advised of the possibility of such loss.

11 Data Protection

PerkIQ processes personal data in accordance with UK GDPR and the Data Protection Act 2018. Details are set out in our Privacy Policy.

You confirm that any personal data you upload to the Platform has been collected lawfully and that you have an appropriate basis to share it with us for the purpose of delivering the service.

Where PerkIQ processes personal data on your behalf, it does so as your processor under PerkIQ's Data Processing Agreement, which forms part of these Terms.

By accepting these Terms you accept that agreement, in the version current at the time, and no separate signature or separate acceptance is required. UK GDPR Article 28(9) allows a processing contract to be in writing in electronic form, which is what makes that effective. PerkIQ records against your account which version applies and the date it was accepted, and will produce that record on request.

The Data Processing Agreement is available at any time from your account settings, and on request at info@perkiq.co.uk.

Where you and PerkIQ have separately executed a negotiated Data Processing Agreement, that agreement applies in place of the standard one.

Where PerkIQ issues a new version of the Data Processing Agreement, PerkIQ will give you not less than 14 days' notice and present the new version for acceptance in the Platform. The version already recorded against your account continues to apply until you accept the new one, so you are never without a Data Processing Agreement in force.

In the event of any conflict between the Data Processing Agreement and these Terms on data protection matters, the Data Processing Agreement governs.

Partners, brokers and resellers. Some users reach PerkIQ through a partner. Which of the following applies depends on the agreement under which you obtained access, not on whose branding you see.

(a) Where you contract with PerkIQ directly, including where a partner introduced you to PerkIQ, PerkIQ Ltd is your counterparty and these Terms govern in full. That remains the case where you access the Platform on a broker-branded or white-label subdomain; the branding does not affect the terms on which PerkIQ provides the Platform to you.

(b) Where you obtain access to the Platform from a reseller, under a separate agreement between you and that reseller, the reseller is your counterparty. The reseller is responsible for pricing, billing, the contract term and first-line support, and clause 7 (Subscription, Billing, and Cancellation) does not apply to you. The acceptable use requirements in clause 5 continue to apply to your use of the Platform, and PerkIQ processes personal data in that arrangement as the reseller's processor under a Data Processing Agreement between PerkIQ and the reseller.

If you are unsure which applies to you, ask the partner who provided your access, or contact us at info@perkiq.co.uk.

12 Force Majeure

PerkIQ will not be liable for any failure or delay in performing its obligations under these Terms to the extent caused by circumstances beyond its reasonable control, including acts of God, pandemic, governmental action, internet or telecommunications failures, power outages, or third-party service provider outages. PerkIQ will notify you promptly of any such event and will use reasonable endeavours to resume normal service as soon as practicable.

13 Disputes

If a dispute arises between you and PerkIQ in connection with these Terms, the Parties agree to attempt to resolve it in good faith before commencing legal proceedings. Either Party may initiate this process by giving written notice to the other describing the dispute. The Parties will then have 30 days to resolve the dispute by negotiation. If the dispute remains unresolved after 30 days, either Party may pursue the remedies available under clause 16.6.

14 Termination

“Material breach” for the purposes of these Terms means a breach that is serious in nature, has a significant effect on the non-breaching party, and is not capable of remedy within a reasonable period or has not been remedied after written notice. Examples include persistent non-payment of fees, misuse of another user's data, and deliberate circumvention of platform security measures.

You may close your account via Settings at any time. Closing your account ends your access to the Platform and deletes your data as described below. It does not cancel a paid subscription and does not end your obligation to pay the fees for the remainder of your current term. To cancel a paid subscription you must follow clause 7.3.

We may suspend or terminate your access immediately if you commit a material breach of these Terms. We may terminate with 30 days' notice if we discontinue the Platform or a relevant feature, in which case the pro-rata refund provision in clause 7.3 applies.

On termination, your access will cease. You may export your data in CSV format using the export feature in Settings at any time before closure. We will delete your personal data in accordance with our Privacy Policy.

15 Assignment

You may not assign or transfer any rights or obligations under these Terms without PerkIQ's prior written consent. PerkIQ may assign this agreement, in whole or in part, to any successor entity in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, without your consent but with reasonable written notice to you.

16 General

16.1 Entire agreement

These Terms, together with our Privacy Policy and, where applicable, the Data Processing Agreement referred to in clause 11, constitute the entire agreement between you and PerkIQ relating to your use of the Platform and supersede all prior agreements and understandings.

16.2 Variation

We may update these Terms from time to time. We will notify you of material changes by email or in-app notification with not less than 14 days' notice. Continued use after the notice period constitutes acceptance.

16.3 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.

16.5 Third-party rights

A person who is not a party to these Terms has no right to enforce any term under the Contracts (Rights of Third Parties) Act 1999.

16.6 Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. Subject to clause 13 (Disputes), any unresolved dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.

16.7 Contact