Terms of service

1.1Account: a workspace in the Product with its own plan, Session allowance, AI credits and Plan Period. An agency may hold several Accounts (section 29).

1.2Owner and Admin: user roles in an Account. Owners can manage billing and cancel. Owners and Admins receive the notices described in the Plans & Billing Policy.

1.3Plans & Billing Policy: Pertento’s policy at pertento.ai/billing, which sets out plans, Sessions, usage limits, AI credits, trials, payment, failed payments, cancellation and refunds. It forms part of these Terms.

1.4Plan Period: the recurring period of an Account’s plan, counted monthly from the subscription start date. Annual plans also have monthly Plan Periods for the purpose of Session allowances and AI credits.

1.5Polar: Polar Software Inc., which sells paid plans and credit packs as merchant of record (section 5).

1.6Product: the Pertento platform, including the script installed on Customer websites, the web application, APIs, SDKs, AI features and documentation.

1.7Session: one browser tab on one website where the Pertento script runs, counted once across the whole Product, as further defined in the Plans & Billing Policy.

1.8Data Processing Agreement (DPA): Pertento’s data processing agreement at pertento.ai/dpa.

2.1By signing up, buying a plan or using the Product, the Customer accepts these Terms, the Plans & Billing Policy and the DPA. The Privacy Policy describes how Pertento handles personal data as a controller.

2.2Business use only. The Product is offered only to businesses, organisations and individuals acting in the course of their trade, business or profession. By creating an Account or buying a plan, the Customer confirms that it is acting for business purposes and not as a consumer.

2.3The person accepting these Terms confirms that they have authority to bind the Customer.

2.4The Customer is responsible for the accuracy of its business details, including company name, address and VAT ID where provided, and for keeping them up to date. A VAT ID is not required to buy a plan.

2.5If the Customer has given incorrect information about acting for business purposes, Pertento may terminate the Account. Consumer protection rules, including withdrawal rights, do not apply to the extent permitted by law.

3.1The Product is licensed, not sold. Pertento grants the Customer a non-exclusive, non-transferable, non-sublicensable and revocable licence to use the Product for its own business during the subscription, within the limits of its plan.

3.2Subscriptions are monthly or annual and renew automatically for the same term unless cancelled under section 3.5.

3.3Each plan includes a Session allowance and AI credits per Plan Period, as set out in the Plans & Billing Policy and the price list at pertento.ai/pricing.

3.4Usage beyond the plan’s allowance is handled under the Plans & Billing Policy. It may lead to a move to a higher plan after notice, but never to an immediate charge without notice.

3.5Cancellation

3.5.1Card payments. Subscriptions paid by card, Apple Pay or Google Pay are cancelled in the customer portal provided by Polar. Cancellation takes effect at the end of the current plan term. The Account keeps full access until then.

3.5.2Invoice payments. Subscriptions paid by invoice are cancelled by written notice to Pertento at hello@pertento.ai, sent by an Owner. Email counts as written notice. Notice must reach Pertento at least 30 days before the end of the current plan term; later notice takes effect at the end of the following term. Pertento confirms receipt in writing within 5 business days.

3.5.3Fees for the current term, including annual terms, are not refunded on cancellation. Invoices already issued remain payable.

3.5.4When the term ends, serving stops and the Account becomes read-only under section 6.4.

4.1The Customer must not:

• copy, modify, decompile, reverse engineer or create derivative works of the Product, except where the law expressly allows it;
• sublicense, resell, rent or otherwise make the Product available to third parties, except as an agency under section 29;
• use the Product in breach of law or third-party rights;
• use the Product for adult content, gambling, political campaigning, or other purposes that Pertento reasonably considers to conflict with its values;
• generate artificial traffic, or otherwise manipulate Session counts, usage notices or experiment results;
• interfere with the security or availability of the Product, or probe or test it for vulnerabilities without Pertento’s written consent;
• use the Product to build a competing product.

4.2Pertento may suspend or terminate an Account that breaches this section. Fees paid are not refunded in that case.

5.1Fees follow the price list at pertento.ai/pricing and the Plans & Billing Policy. All prices are in euro (EUR) and exclude VAT.

5.2Merchant of record. Paid plans and credit packs bought by card, Apple Pay or Google Pay are sold through Polar, which acts as merchant of record. Polar processes the payment, issues receipts and invoices, calculates, collects and reports VAT and other sales taxes, and handles refunds and payment disputes. Polar’s own terms apply to the payment. The licence, the Product and all other matters remain governed by these Terms.

5.3Invoice payment. Pertento may agree to invoice a Customer directly. Pertento is then the seller and issues the invoice. Invoices are payable in EUR within 30 days of the invoice date unless the invoice states otherwise. Late payment accrues interest and statutory compensation under Swedish law. Bank charges and currency conversion costs on the Customer’s side are borne by the Customer, and Pertento must receive the full invoiced amount.

5.4Authorisation. The Customer authorises Polar to charge the payment method on file for recurring fees, prorated upgrade charges, plan moves made under the Plans & Billing Policy after notice, and credit packs the Customer buys.

5.5Price changes. Pertento may change prices or introduce new fees with at least 30 days’ notice. A change applies from the next renewal. Annual plans keep their price until the end of the current annual term.

5.6Refunds. Payments are final, except as stated in the Plans & Billing Policy or required by law.

5.7Taxes. VAT is added at checkout where it applies. A Customer that provides a valid VAT ID may be charged without VAT under reverse-charge rules where they apply. VAT charged because no valid VAT ID was provided is not refunded, except where Polar’s procedures allow it.

6.1These Terms apply from acceptance until all of the Customer’s Accounts are terminated.

6.2Either party may terminate for material breach that is not remedied within 14 days of written notice. Pertento may terminate immediately for breach of section 4.

6.3Failed payments. If a payment fails, Polar retries it and the Account becomes past due. The Account keeps serving for a grace period of 7 days from the first failed charge.

6.4Lapsed Accounts. If the grace period ends without payment, or a subscription ends without renewal, serving stops: experiments, personalisations and surveys no longer run on the Customer’s websites, and the script stops applying changes so the website shows its original content. The Account becomes read-only. Data stays viewable and exportable, writes are refused, and billing, sign-in, settings and team management keep working. Choosing a plan again restores serving.

6.5A read-only Account has no time limit. Pertento may terminate a read-only Account with at least 30 days’ notice to its Owners. Data is then returned or deleted under section 18 and the DPA.

6.6After serving stops, the Customer should remove the Pertento script from its websites. Pertento is not liable for the effects on the Customer’s websites of a script that is no longer serving.

7.1The Customer is responsible for the users it invites, the roles it assigns and everything done through its Accounts.

7.2Each Account must have at least one Owner. The Customer must keep Owner and Admin email addresses current, as notices under these Terms and the Plans & Billing Policy are sent there.

7.3The Customer is responsible for keeping passwords, API keys and other credentials confidential, and must notify Pertento without undue delay of any unauthorised use.

8.1The Product is provided “as is” and “as available”. Pertento does not guarantee uninterrupted or error-free operation, specific uptime, or specific business results from experiments, personalisation or AI features.

8.2Neither party is liable for indirect or consequential loss, including lost profit, lost revenue, lost data or business interruption.

8.3Each party’s total liability under these Terms in any 12-month period is limited to the fees paid for the Product during the 12 months before the event giving rise to the claim. Fees paid through Polar count as fees paid for the Product.

8.4Results produced while an Account was capped under the Plans & Billing Policy, or while serving had stopped, may be incomplete. Pertento is not liable for decisions based on them.

9.1Pertento and its licensors own all rights in the Product, including improvements and feedback the Customer gives. No rights pass to the Customer except the licence in section 3.

9.2The Customer owns its websites, content, experiment configurations and the data it uploads or collects through the Product (Customer Data). The Customer grants Pertento the rights needed to provide the Product, subject to the DPA and sections 27 and 28.

10.1Each party keeps the other party’s non-public business and technical information confidential and uses it only to perform these Terms.

10.2This does not apply to information that is or becomes public without breach, was already lawfully known, is independently developed, or must be disclosed by law. Confidentiality survives termination for 3 years.

11.1Pertento develops the Product continuously. Updates are mandatory and included in the subscription. Pertento will not materially reduce the core functionality of a plan during a paid term.

12.1These Terms are governed by Swedish law, without regard to its conflict-of-laws rules.

12.2Disputes are settled exclusively by the courts of Sweden, with Stockholm District Court as the first instance.

12.3Nothing in these Terms limits rights that cannot be excluded under mandatory law.

13.1Pertento may change these Terms, the Plans & Billing Policy and the DPA with at least 30 days’ notice to Owners. Continued use after the effective date means acceptance. A Customer that does not accept a material change may cancel before it takes effect.

13.2Changes required by law, or relating to new features, may take effect sooner.

13.3The English version prevails over any translation.

14.1Pertento provides support by email at hello@pertento.ai on Swedish business days. Pertento gives reasonable advance notice of planned maintenance that is expected to affect serving.

15.1The Customer may install the Product only on websites it owns or controls, or for which it has the owner’s authority.

15.2The Customer is responsible for the lawfulness of all content, experiments, personalisations and surveys it publishes through the Product. Pertento does not review them.

15.3The Customer is responsible for informing its website visitors about data collection and obtaining any consent required by law.

16.1Features marked beta, preview or early access may change or be withdrawn at any time. They are excluded from standard support, maintenance notices and section 11.1.

17.1Pertento may suspend an Account, or part of the Product for it, immediately if needed to address a security risk, comply with law, or stop use that degrades the Product for others.

17.2Pertento will explain the reason unless the law prevents it, keep the suspension as limited as possible, and restore access once the cause is resolved.

17.3Suspension and lapse for non-payment follow section 6, not this section.

18.1While an Account is read-only, the Customer can export its data from the Product.

18.2When an Account is terminated, Pertento returns or deletes personal data as set out in the DPA, which prevails over this section. Other Customer Data is deleted within 90 days of termination unless the law requires longer retention.

18.3Aggregated and anonymised data may be retained under section 28.

19.1The Customer indemnifies Pertento against third-party claims arising from the Customer’s breach of these Terms, its content, experiments or websites, its failure to inform visitors or obtain consent, or installation of the Product on a website without authority.

20.1The limits in section 8 do not apply to liability that cannot be limited under Swedish law, including for gross negligence or wilful misconduct.

20.2The limits do not reduce the Customer’s obligation to pay fees, or its indemnity under sections 19 and 29.7.

21.1Neither party is liable for delay or failure caused by events beyond its reasonable control, including failures of hosting, network or payment providers, power outages, war, government action, or natural disasters. Payment obligations are not suspended by force majeure.

22.1Pertento may name the Customer and display its logo as a customer. The Customer may withdraw this permission at any time by email.

23.1Pertento sends notices to the email addresses of the Account’s Owners and Admins, or in the Product. A notice is received when sent, unless a delivery failure is reported to Pertento.

23.2The Customer sends notices to hello@pertento.ai. Cancellation of card-paid plans is done in Polar’s customer portal under section 3.5.1.

24.1The Customer may not assign or transfer these Terms or an Account without Pertento’s written consent. Pertento may assign these Terms to an affiliate or to a successor in a merger, acquisition or sale of assets.

25.1These Terms, the Plans & Billing Policy, the DPA and any signed order form are the entire agreement on their subject and replace earlier agreements on it.

25.2If a provision is invalid, the rest remains in force and the invalid provision is replaced by a valid one that comes closest to its purpose.

25.3A failure to enforce a provision is not a waiver of it.

26.1If documents conflict, this order applies: (1) a signed order form, (2) the DPA for personal data, (3) these Terms, (4) the Plans & Billing Policy, (5) documentation.

27.1AI features are off by default and must be switched on by an Owner or Admin. They use AI credits as described in the Plans & Billing Policy.

27.2Pertento uses Anthropic as a subprocessor for the underlying models, as described in the DPA.

27.3AI output may be inaccurate or incomplete. The Customer must review output before relying on it or publishing it.

27.4The Customer must not enter special categories of personal data, children’s personal data, or credentials into AI features.

27.5AI features are available only to Accounts with an active plan.

28.1Unless the Customer opts out, Pertento may use aggregated, anonymised data derived from use of the Product to develop and train its own models and the recommendation features offered to all customers.

28.2Pertento does not sell this data and does not show benchmarks built from fewer than five customers.

28.3The Customer may opt out in the Account settings or by email to hello@pertento.ai. Opting out applies going forward. It does not withdraw data already anonymised or models already trained.

29.1Agency as Customer. An agency that creates Accounts for its clients does so in its own name and is the Customer for each of them. Pertento has no contractual relationship with the agency’s clients. The agency is responsible for:

• all fees for its agency fee and for every client Account it creates;
• the use of each client Account, including by users it invites from its clients;
• its clients’ compliance with these Terms and applicable law.

29.2Authority. The agency warrants that it has its clients’ authority to create and operate Accounts for them, to install the Pertento script on their websites, and to engage Pertento as a subprocessor.

29.3Separate allowances. Each client Account has its own plan, Session allowance, AI credits and Plan Period. Allowances are not pooled across client Accounts or with the agency’s own Account.

29.4Notices. All notices concerning a client Account go to the agency’s Owners and Admins. Pertento has no obligation to notify the agency’s clients.

29.5Instructions. Pertento acts only on the agency’s instructions for each client Account, including to change, export or delete it. Pertento does not resolve disputes between an agency and its clients.

29.6Transfer to a client. A client Account may be transferred to the client only with the agency’s written consent. The client then becomes the Customer for that Account under these Terms.

29.7Indemnity. The agency indemnifies Pertento against claims by its clients arising from the agency’s use of the Product, its instructions to Pertento, or its relationship with the client.

29.8Liability. The limit in section 8.3 applies to the agency’s agreement as a whole and is not multiplied by the number of client Accounts.

29.9Lapse. If the agency fee is not paid, serving stops for the agency’s own Account and for any client Account the fee includes. Client Accounts with their own paid plan continue to serve. A client Account without a plan does not serve.