Thank you for your interest in the Perfect service for business ("Service(s)") provided to you by Perfect Corp. ("Perfect", "us" or "we"), and our web site at https://www.perfectcorp.com/business("Site") (collectively known as "Platform"). Terms of Service (these "Terms"), including the Privacy Policy will be updated periodically, govern your use of the Service on the Site. All references to "you" or "your," as applicable, mean the person who subscribes and has access to the Services available on the Platform in any manner. If you use the Platform on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity or domain.
By clicking "Try free for 30 days" / "Start free trial" / or by subscribing to the Services, downloading, installing or otherwise accessing or using the Services, you agree that you have read and fully understood and agree to be bound by the Terms herein. If you do not agree, you shall not use services offered by Perfect.

The Service provides you with the direct access to our online console ("Perfect Console" or "Console") and Platform to facilitate and deliver our AR and AI service that allows you to subscribe to the service to enable your customer to have a virtual try-on and/or simulation experience with your products directly on your website/mobile app. Through the Console, you can manage, upload product SKU's, including related product description and promotional materials of the product SKUs, view aggregated data analytics of customer try-ons (collectively known as "Services").

You understand that the Services provided herein is not a retail store or your product delivery platform. Perfect shall in no event liable or be accountable for any compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to retail/delivery businesses. In addition, Perfect does not guarantee the quality of your SKUs and products uploaded on Perfect Console and you shall be solely responsible to independently verify all products SKUs uploaded on the Console regarding your products when using the Service ("Content").

You must be at least 18 years old to use the Platform and an authorized representative of your organization. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended, banned or removed from the Platform; (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations; (d) you are not located in a country that is subject to a U.S. Government as sanctioned or embargoed countries; and (e) you are not listed on any U.S. Government as Specially Designated Nationals and Blocked Persons List.

To access the Services, you must register for an account on the Site to gain access to Perfect Console. When you subscribe, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at perfect_smbperfectcorop.com. Perfect shall not be liable and you shall be liable for all losses, damages, liability, expenses, and lawyers' fees incurred by Perfect or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

The Services and Perfect Console are licensed for commercial use, not sold, to you for use only under the terms herein. Perfect reserves all rights not expressly granted to you. Subject to your full payment of your subscription plans and ongoing compliance with these terms, Perfect hereby grants you a limited, non-sub-licensable, non-transferable, and revocable license to access the Platform, Services and Perfect Console that you own or control, solely for your commercial use Perfect may revoke this license at any time, in its sole discretion if you violate any of the terms herein. You may not modify, alter, reproduce, distribute or make Services, Platform or Perfect Console. You may not rent, lease, lend, sell, redistribute or sublicense Services provided herein, Platform or Perfect Console. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these terms, you may be subject to prosecution, legal and damages and equitable remedies, as well as liability for infringement of intellectual property rights.

We may make changes or updates to the Services (such as infrastructure, security, technical configurations, application features, etc.) during the term of your subscription, including reflecting changes in technology, industry practices, and patterns of system use. Such Service specifications are subject to change at our sole discretion; however, when we change the service specifications, such change will not result in a material reduction in the level of performance or availability of the applicable Services provided to you for the duration of your subscription.

• When purchasing via Perfect's sales. You may contact our sales person to purchase Services dedicated for enterprises. All terms related to the Services and payment will be defined in either an insertion order or an agreement.
• When purchasing via self-service. You will make the full payment of your preferred subscription plan (i.e. Essential or Premium). All payment shall be handled by an authorized shopping cart vendor (such as Cleverbridge, and Stripe) for charges paid by you and these payments are final and non-refundable and will be quoted in US Dollars, Euro or any other major currencies available in the subscription plan.
  For more information about authorized shopping cart vendor, please visit the websites below. You acknowledge that you are responsible to read the terms specified therein, and these entities serve as Perfect’s third-party shopping cart vendors only. Perfect will not be responsible for any disputes arising between you and these vendors.
  • Cleverbridge: https://grow.cleverbridge.com/ 
  • Stripe: https://stripe.com/

Perfect may change, modify fees for use of our Platform, Services or Perfect Console at any time as we deem necessary or appropriate for our business. You will be notified in advance of any changes to the terms herein or the revised fee. We encourage you to check our Site or contact our customer service at perfect_smb@perfectcorp.com periodically to learn more about how we charge for the Platform. In any event that you are not agreeable with any revision of any terms or use herein, you may terminate the subscription.
Perfect has no obligation to itemize its costs, profits or margins when publishing prices of the Services and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the Platform provided under these terms.
We may change the subscription terms or fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you with an opportunity to change your subscription before applying those changes to your account or charging your payment details in connection with an automatic renewal. The notification will inform you of how long you have to change your subscription before the changes become effective. Your continued use of our Services, Platform and Perfect Console after the changes become effective will constitute your acceptance of the changes. If you wish to discontinue the subscription of the new fees or features, you may cancel your subscription and you acknowledge that there shall be no refunds if you choose to terminate prior to the expiration of your subscription period. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward. If you cancel a pre-paid subscription, you will not receive any refund. 

• Free trial plan. When you choose a free trial plan, you will not be charged on the applicable fee during your free trial. Upon or prior to the expiry of the free trial period, if you are happy with our Services and wish to continue using the Services, you may subscribe to either one of the plans by inputting your payment details on our site. YOU ARE ONLY PERMITTED ONE (1) FREE TRIAL. If your subscription is ever terminated for any reason, and you purchase another subscription, you shall not be eligible for a free trial on any subsequent subscriptions. For avoidance of doubt, "you" referred to in this section refers to an entity.
• Auto-renewal subscription. If you signed up for an auto-renewal of the subscription (Essential or Premium), you acknowledge that you are signing up to an auto-renewing subscription upon expiration of each cycle of your choice of subscription on your first use our Services and you agree to pay the then-current applicable fee associated with the subscription of your choice. You may always change the auto renewal setting to manual renewal by making the necessary adjustment on the Console, and such adjustment will only reflect in your next cycle of subscription. You will receive a notice from us that your free trial has ended. If you have not adjusted manually by yourself on your Perfect Console account to "cancel my subscription by the end of the term", you acknowledge that your subscription will be automatically renewed and no pro-rata refunds will be provided to you which you claimed to have canceled and during such active subscription period and we will continue (and you authorize us to) charge your subscription fee to the credit card/bank account you provided upon initial sign up.
• Quota. Certain Service will have quota on the outcome of Service. Once you consume all the quota you will need to purchase extra quota to continue the Service you subscribed.
• Adjustment to your subscription. If you decide to adjust your subscription plan via our Site, you may do so on your Console account by following the steps below:
  Go to "account"-->"Change Plan"-->"save" to ensure your preferred subscription plan is properly "updated" and recorded on your Console account.
  Please note, your in-app purchase settings may only be adjusted via Mobile App Store and are governed by the rules of the Mobile App Store.
• Refund policy. In general, no refunds will be given for incorrect choice or change of mind unless at the sole discretion of Perfect. If you are entitled to a refund at law or Perfect elects to provide a refund, the payment will be processed according to the below terms:
  • If the subscription fee was paid via credit card or wire transfer then refund of such fee minus restocking fee, administrative fee and taxes ("Refund") can only be processed back to you to that same credit card from which the payment originated.
  • Please allow the office up to sixty (60) days to confirm your payment and issue the Refund.
• Upgrade of your subscription. You can always upgrade your subscription plan from Essential Plan to Premium Plan anytime by changing the settings on the Console and making the necessary upgrade charges.
• Downgrade of your subscription. If you wish to downgrade your plan from Premium Plan to Essential Plan, you are only permitted to do so after expiry of term of subscription which you have first subscribed to (i.e. next billing date) on Console.
• Direct sales subscription. If you purchase our Services via Perfect's direct sales, your subscription details will be defined in either an insertion order or an agreement.

The Service provides a service uptime of 99.58% ("Uptime"). In any event of a service downtime, you acknowledge that your exclusive remedy shall be an extension of period to use the Service that proportionately reflects on the occurrence of the downtime and in no event shall Perfect be liable for any refund or penalty whatsoever for service downtime.

You may include/ upload your product SKUs / products from third-party when using the Services, Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third-party. Perfect and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party. In no event shall Perfect or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods or products may require your agreement to additional or different terms and conditions prior to your use of or access to such goods, and Perfect disclaims any and all responsibility or liability arising from such agreements between you and a third party. You acknowledge and understand that Perfect is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other third party.

• Responsible Use. The Services are dedicated to users who observe a certain degree of courtesy and professionalism. You must use the Services responsibly in the following manner:
  • comply with all applicable laws, regulations, and ordinances relating to the terms herein and shall ensure that the Services subscribed herein are properly and accurately reflect in your company's privacy policy that governs its data collection and use practice;
  • obtain all necessary consent from users from your company website/your company's mobile app via your privacy policy who uses this Services via your Company's website/ mobile app. Upon the request of Perfect, you will provide such consent to us.
  • obliged to keep the login names and the passwords required for the use of the Services confidential, to keep it in a safe place, and to protect it against unauthorized access by third parties with appropriate precautions.
  • before entering its data and information, you are obliged to check the same for viruses or other harmful components and to use state of the art anti-virus programs for this purpose. In addition, you shall be solely responsible for the entry and the maintenance of your customer's data;
• Irresponsible Use. Any misuse of the Services shall not be tolerated and you shall not:
  • copy, modify, host, stream, sublicense, copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the resell the Services;
  • violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
  • bypass any security or other features of the Platform, Services and Perfect Console designed to control the manner in which the Platform, Services and Perfect Console are used, harvest or mine content from the Platform, Services and Perfect Console, or otherwise access or use the Platform, Services and Perfect Console in a manner inconsistent with the terms herein;
  • perform any fraudulent activity, including impersonating any person or entity, distributing, falsely state or misrepresent your affiliation with a person/company/brand/entity, selling counterfeit products or otherwise using this Services for sale or promotion of your products that are not in compliance with applicable laws and regulations;
  • decipher, reverse engineer, decompile or disassemble the Platform, Services and Perfect Console, or the software used to provide the Platform, Services and Perfect Console, in whole or in part, or authorize, direct, or cause a third party to do so;
  • engage in behavior that violates anyone's intellectual property rights including but not limited to copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights;
  • use, display, mirror, frame or utilize framing techniques to enclose the Platform, Services and Perfect Console, or any portion thereof, unless and solely to the extent Perfect makes available the means for embedding any part of the Platform;
  • use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform, Services and Perfect Console or to extract data;
  • use the Platform, Services and Perfect Console in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Perfect shall in no event responsible your acts or omission that are harassing, threatening, defamatory, offensive or illegal messages, use, upload, make available, store or transmit unlawful, harmful, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another's privacy, or hateful content when using the Platform, Services and Perfect Console;
  • introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Platform, Services and Perfect Console;
  • use automated devices, manual processes, or scripts to copy or "scrape" the Platform, Services and Perfect Console; for any purpose without Perfect's express written permission;
  • replicate the functionality of the Service or to create any effect similar to the effects by any means or to create any competing or potentially competing product or technology;
  • use the Service (directly or indirectly) to create datasets to train neural networks or create templates for third party photo editing services;
  • use any data mining or similar data gathering and extraction methods in connection with the Services; or
  • violate applicable law (including, but not limited to, where applicable, GDPR, BIPA, CCPA, COPPA and etc.).
• Use of API feature ("API"). Terms in this section apply to your use of API. By using API, you expressly consent to Perfect's collection and use of your biometric information as defined in YouCam SaaS Privacy Policy. It is expressly agreed between the parties that the integration of API will be carried out by you under your sole responsibility.
  • Your obligation while using API. Perfect will provide you with API keys for the purpose of accessing API. It is your own responsibility to maintain security of the API keys. You shall be fully responsible for the use of every single API key associated with your Account. Perfect reserves the right to pursue legal actions against you or suspend your access to API when your use of API causes damage to Perfect or violates these YouCam Terms and Supplemental Terms. If your Account has been suspended, please contact our sales representatives: https://business.perfectcorp.com/settings/general/businessinfo/.
  • No guarantee of service up time and computation. Perfect does not offer any guarantee of the level of service for API. However, Perfect makes its best efforts to maintain 24/7 access to API except in the event of system maintenance or force majeure. Perfect also does not guarantee the time for API to deliver computation result, it may be affected by the number of requests received or the speed and stability of network connection.
  • No guarantee of service in certain area. You may not be able to access API in certain geographic area due to local government’s restrictions.
  • Consent collection. Certain features of our Services may identify facial geometry in the photo upload in order to perform the function. Therefore, you shall be responsible for collecting consents from any person in the photo to agree Perfect to process the photo for them.
  • Disclaimer and No Warranties. The API is provided AS IS. Perfect makes no warranty, express, implied or statutory, including without limitation, any implied warranty of merchantability or fitness for a particular purpose and shall not be liable for any direct indirect, special, incidental or consequential damage, whether based on contract or tort or any other legal theory, arising out of any use of API.
• Use of Technical Support. Terms in this section apply to your use of our technical support service. In the event you and/or your customer requires technical support from Perfect, you will be asked to add one or more technical support accounts via Perfect Console, and you hereby expressly consent to authorize the technical support account full permission to view data and settings in your subscribed service solely for the purpose of providing necessary assistance and/or trouble shooting. You may remove the technical support account from Perfect Console on your own, or the technical support account will become inactive after a certain period of time permitted by law.

We may terminate your account, subscription or suspend your access to the Services at any time with based on our sole discretion or to remove any data or content transmitted via your use of this Services without liability including no refund: (i) if we reasonably believes that the Service is being used in violation of the terms herein or in violation of any applicable rules and regulations, (ii) if requested by a law enforcement or government agency or otherwise to comply with applicable law, provided that we will use commercially reasonable efforts to notify you prior to suspending your access to the Services. 
Perfect shall have no liability for any claims based on Services which has been modified or in violation of the terms herein by you where the infringement claim would not have occurred in the absence of such modification.

The Services, Console, and materials contained within the Services including aggregated data and all intellectual property rights in connection with the Services are the sole and exclusive property of Perfect and its Licensors. Except for the limited license expressly granted by and to you under these terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Perfect in these terms are expressly reserved.

In addition, you agree to grant us the right to: (i) use your company name and/or company logo within product literature, press release(s), social media, and other marketing materials; (ii) quote your statements in one or more press releases; and/or (iii) make such other use of your company/brand name and/or logo as may be agreed between the you and Perfect. Additionally, Perfect may include your name and/or your company logo within its list of customers for general promotional purposes. We will comply with your trademark use guidelines as such are communicated to us in writing and we will use your company/brand's marks in a manner which is consistent with industry practice. Neither party grants to the other any title, interest or other right in any marks except as provided in this Section.

• Termination by Perfect. The Services and any license created hereunder may be terminated by us if: (i) you fail to make any payments on the due day; (ii) you fail to perform any other material obligation required of it hereunder, or (iii) petition for bankruptcy or insolvency, has an involuntary petition filed against you or your company or commences an action providing for relief under bankruptcy laws, files for the appointment of a receiver, or is adjudicated a bankrupt concern. In addition, if we have reason to believe that any of above items applies to you, Perfect may in its sole discretion terminate your user account on the Platform or suspend or terminate your access to the Services or Console at any time without notice. We will have no liability whatsoever on account of any change to the Services and Console or any suspension or termination of your access to or use of the Services and Console.
• Effect of Termination. Upon termination of your subscription, you shall not be permitted to access to the Services, nor circumvent any security mechanisms contained therein. Sections intended to survive shall survive termination of subscription.

• Warranty. By uploading your Content to the Services, you agree that you have: (a) all necessary licenses and permissions to use such Content on this Service and; and (b) the rights necessary to grant the licenses in the Terms. 
  For Skincare Pro Aesthetic Simulation, you agree that: (a) all treatments, treatment description, procedures, and procedure description you upload to Skincare Pro Aesthetic Simulation are true, un-misleading, certified, and approved by competent authorities (“Treatments and Procedures”), and (b) your employee or medical professionals have necessary certification, qualification, license, or admission to conduct, deploy, execute, or recommend Treatments and Procedures under applicable laws or regulations.
• Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to your Content, your use of the Services, your violation of the Terms, or any and all violation of applicable regulation including but not limited to Illinois Biometric Information Privacy Act.

Your use of the Services are at your own risk.

• The Services is provided "AS-IS". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or (d) any errors or defects in the Services will be corrected. We strongly advise you to provide a disclaimer to suggest that images are for illustration purposes only. We also reserve the right to modify or discontinue the Services and Console at any time (including by limiting or discontinuing certain features of the Services) without notice to you.
• In addition, we specifically disclaim any and all liability for any actions resulting from your use of the Services and you are solely accountable for any damage to your computer system or loss of data that results from the use of and access to any Service.
• When you post your Content through the Services, we shall not be responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone; or (c) the inclusion of your Content by third parties on other websites or other media.
• We specifically disclaim any and all liability for any actions resulting from any and all violation of applicable regulation including but not limited to Illinois Biometric Information Privacy Act ("BIPA"), and you are solely accountable for any and all liability and damage occurs thereof.

The Services exclude the following: (i) unusual external factors such as weather conditions that cause electricity, interruption of network connectivity, scheduled maintenance, camera resolution, internet speed, browser compatibility ; (ii) use of the Services that deviates from the authorized use pursuant to the terms herein; (iii) third party products, other than the interface of the Services with any third party products or services, (iv) your use of the Services in conjunction with any data or Content where use with such would gave rise to the infringement claim; or (v) your use of the Services outside the permitted scope of the terms herein.

IN NO EVENT SHALL PERFECTS' AGGREGATE LIABILITY EXCEED THE FEES ACTUALLY PAID BY YOU TO PERFECT IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1,000, WHICHEVER IS LESS. IN NO EVENT SHALL PERFECT AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT OR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF PERFECT AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You acknowledge and agree that when using the Platform, Services and Perfect Console, you may have direct or indirect access or exposure to Perfect's confidential information ("Confidential Information"). Confidential Information includes Perfect's data, provider IDs, user information, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that Perfect designates as being proprietary or confidential or that you should reasonably know to treat as confidential.

You acknowledge and agree that: (i) all Confidential Information shall remain the exclusive property of the Perfect; (ii) you shall not use Confidential Information for any purpose except in furtherance of your use of the Platform, Services and Perfect Console; (iii) you shall not disclose Confidential Information to any third party; and (iv) you shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of your use of the Platform, Services and Perfect Console or at the request of Perfect.

You agree that all written notices, disclosures, and other communications that we provide to you electronically adequately satisfy the legal requirements of delivering it to you. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice is used, then such notice shall be deemed to have been given 7 days after dispatch.

Except as explicitly described in the Governing law and Dispute resolution below, you may give notice to Perfect (such notice shall be deemed given when received by Perfect) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Perfect at the following address:14F, 98, Minquan Rd. Xindian District, New Taipei City 231 Taiwan Attention: Legal Department

You acknowledge that the Services you subscribed, except for Skincare Pro, do not collect nor store any personal data of your customer of your website or mobile app. Skincare Pro collects and stores any personal data and/or biometric information of your customer of your mobile app. However, as part of the Service provided to you, we may collect non-personal data relating to your customer, which may include aggregated number of users try-on on a particular product(s), most popular product try-on, least popular products etc. You understand that these data will be made available and license to you via Console for as long as you remain as a valid subscriber to the Services. The Aggregated Data shall be purge from in your account 180 days after termination of your subscription.

We strive to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. It is important for you to have an equal or compatible data security software to protect against unauthorized access to your password and to your website or mobile app.

The Services and your use of the Services, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services. You agree to comply with all the laws, restrictions, and regulations and hold Perfect harmless from any claims, proceedings, damages or statutory fines.

Your use of the Service is subject to all economic or financial sanctions laws, measures or embargoes administered or enforced by the United States (including all sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury, and its "Specially Designated Nationals and Blocked Persons" lists), the PRC, Hong Kong, the European Union (including under Council Regulation (EC) No. 194/2008), the United Nations, the United Kingdom, or any other relevant sanctions Governmental Authority. You agree to comply with all the laws, restrictions, and regulations and hold Perfect harmless from any claims, proceedings, damages or statutory fines.

• Governing Law and dispute resolution. These terms are governed by the laws of Taiwan without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these terms, you and Perfect agree to submit to the personal and exclusive jurisdiction of arbitration in Taipei, Taiwan for the purpose of arbitrating any dispute. No joint venture, partnership, employment, or agency relationship exists between you, Perfect or any third-party provider as a result of the Terms or use of the Platform. Please note: (1) you will only be permitted to pursue claims against Perfect on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
• Waiver and Severability. Except as explicitly described in the Governing Law and dispute resolution above, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Perfect to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Perfect in writing.
• Entire Agreement. These Terms comprise the entire agreement between you and Perfect and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
• Force Majeure. Perfect shall not be liable to you for any delay or failure of Perfect to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of Perfect. Such causes will include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, or delays by you in providing required resources or support or performing any other requirements hereunder.
• Assignment. You may not assign or transfer these terms or your rights under these terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
• Remedies. Perfect may pursue other equitable remedies which includes but not limited to injunctive relief or specific performance. In any event Perfect obtains such remedy against you, you will not be relieve from the obligation to pay all fees that have accrued or are otherwise owed by you under the terms herein.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU WAIVE THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.