Terms of Service
1. Who we are and agreement to these Terms
Performance Vue is a multi-tenant business analytics platform operated by Performance Vue LLC, a Texas limited liability company ("Performance Vue", "we", "us"). Our registered office is 3751 Main St., Suite 600 #167, The Colony, TX 75056.
These Terms of Service ("Terms") are a binding agreement between Performance Vue LLC and you and, if you use the service on behalf of an organization, that organization ("you", "Customer"). You accept these Terms by checking the acceptance box during signup or account creation, by clicking a button indicating acceptance, or by accessing or using the service. If you accept on behalf of an organization, you represent that you have the authority to bind it.
2. The service
Performance Vue provides a cloud-based dashboard that connects to third-party business systems (accounting, CRM, billing, project management, infrastructure providers, and similar) using read-only access where available, aggregates the data into key performance indicators (KPIs), and displays those KPIs to authorized users within your workspace. We may add, modify, or remove integrations and features over time, particularly during the early-access period.
3. Accounts
To use Performance Vue you must create an account, provide accurate and complete information, and may be required to verify your email address. You must be at least 18 years old and use the service for business purposes. You are responsible for keeping your sign-in credentials confidential and for all activity that occurs under your account, including activity by users you invite into your workspace. Notify us promptly at info@performancevue.com if you suspect unauthorized access to your account.
4. Acceptable use
You agree not to, and not to permit anyone using your account to:
- use the service to violate any law or regulation, or to infringe anyone's rights;
- upload or transmit malicious code, or use the service to distribute malware or phishing content;
- attempt to access another customer's data, probe, scan, or test the vulnerability of the service, or breach or circumvent any security or authentication measure, without our prior written consent;
- scrape, crawl, or harvest data from the service, or use automated means to extract data other than through features we provide;
- reverse engineer, decompile, disassemble, or attempt to derive the source code of the service, except to the extent applicable law expressly permits it despite this restriction;
- circumvent or attempt to circumvent plan limits, usage caps, or feature gating tied to subscription tiers;
- resell, sublicense, rent, lease, or provide the service to third parties as a service bureau without a separate written agreement with us;
- interfere with or disrupt the integrity or performance of the service, including by imposing an unreasonable load on our infrastructure.
We may suspend or terminate accounts that violate this section as described in Section 14.
5. Your data
You retain ownership of all data you upload to Performance Vue and all data we fetch from third-party systems you connect ("Customer Data"). You grant Performance Vue a limited license to process Customer Data solely to provide the service to you and your workspace, including storing, transmitting, aggregating, and displaying it to authorized users you designate.
You represent and warrant that you own or have all rights necessary to upload, connect, and permit the processing of the Customer Data you provide, and that doing so does not violate any law, contract, or third-party right.
We will not sell your Customer Data, use it to train artificial-intelligence models for the benefit of other customers, or use it for advertising. We may use de-identified, aggregated data for internal product analytics and to improve the service.
6. Third-party integrations and infrastructure
When you connect a third-party system (such as QuickBooks Online, HubSpot, Stripe, or AWS), you authorize Performance Vue to act on your behalf within the scope you grant via that system's OAuth or API consent. You are responsible for ensuring you have the right to connect that system. Performance Vue is not responsible for the availability, accuracy, or behavior of third-party systems.
The service is built on third-party infrastructure and payment providers, including Amazon Web Services and Stripe. We are not responsible for outages, errors, delays, or data loss caused by third-party systems you connect, our infrastructure providers, or payment processors, although we will make commercially reasonable efforts to restore service affected by such events.
7. Plans, billing, renewal, and cancellation
Performance Vue offers Free, Pro, and Enterprise plans. Paid plans are billed in advance through our payment processor (Stripe, Inc.) on a recurring monthly or annual cycle, as selected at checkout.
Automatic renewal. Paid subscriptions renew automatically at the end of each billing period at the then-current rate until you cancel. Free trials, if offered, convert automatically to a paid subscription at the price disclosed before checkout unless you cancel before the trial ends.
Cancellation. You may cancel at any time from your account settings (Settings → Manage subscription) or by emailing info@performancevue.com from the email address on your account. Cancellation takes effect at the end of the current billing period, and you keep access until then. Fees already paid are non-refundable except where required by law or as described in our Refund Policy.
Downgrades. If your subscription ends or you downgrade, your account moves to the Free plan, and features and data-history windows are limited accordingly. Downgrading does not delete your underlying data; retention is governed by our Privacy Policy.
Price changes. We may change pricing with at least 30 days' notice to active subscribers; new prices apply from your next billing cycle after the notice period.
8. Confidentiality and security
We use industry-standard administrative, technical, and physical safeguards to protect Customer Data, including encryption in transit and at rest, tenant-isolated storage with row-level security, and least-privilege access controls. No system is perfectly secure, and we do not guarantee that Customer Data cannot be accessed by unauthorized parties.
9. Intellectual property and feedback
Performance Vue and its underlying software, designs, trademarks, and documentation are the property of Performance Vue LLC and its licensors. Except for the limited rights granted to you in these Terms, no rights are transferred to you.
If you send us feedback, suggestions, or ideas about the service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA DISPLAYED WILL BE ACCURATE, COMPLETE, OR CURRENT.
11. No reliance on displayed data
Performance Vue aggregates and displays data fetched from third-party systems you connect. Displayed KPIs, metrics, charts, and derived figures may be delayed, incomplete, or inaccurate due to source-system errors, API limitations, synchronization timing, configuration choices, or software defects.
THE SERVICE IS A CONVENIENCE AND VISUALIZATION TOOL — NOT A SYSTEM OF RECORD AND NOT A SUBSTITUTE FOR YOUR UNDERLYING BUSINESS SYSTEMS OR FOR PROFESSIONAL ACCOUNTING, FINANCIAL, LEGAL, OR OTHER ADVICE. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY DATA AGAINST YOUR SOURCE SYSTEMS BEFORE RELYING ON IT FOR ANY BUSINESS, FINANCIAL, STAFFING, INVESTMENT, OR OTHER DECISION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFORMANCE VUE WILL NOT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON INFORMATION DISPLAYED BY THE SERVICE.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PERFORMANCE VUE LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
13. Indemnification
You will defend, indemnify, and hold harmless Performance Vue LLC and its officers, members, employees, and affiliates from and against any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data, including any claim that we had no right to process it; (b) your connection of a third-party system you lacked the rights to connect; (c) your violation of these Terms, including Section 4 (Acceptable use), or of applicable law; or (d) use of the service by anyone you allow into your workspace. We will give you prompt notice of any such claim and reasonable cooperation, at your expense.
14. Term, suspension, and termination
You may stop using Performance Vue and cancel at any time as described in Section 7. We may suspend or terminate your access immediately if you materially breach these Terms (including Section 4), if we are required to do so by law, or if continued provision of the service would create a security or legal risk; where practical, we will give you notice and an opportunity to cure first. On termination your right to use the service ends, and we may retain or delete your data in accordance with our Privacy Policy and applicable law. Sections that by their nature should survive termination (including Sections 9 through 13, 15, and 16) survive.
15. Governing law and dispute resolution
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.
Informal resolution first. Before filing any claim, you agree to email info@performancevue.com a written description of the dispute and give us 30 days to work with you in good faith to resolve it.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the service that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Dallas County, Texas, and conducted in English. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in the state or federal courts located in Dallas County, Texas for infringement or misuse of intellectual-property rights, breach of confidentiality, or unauthorized access to the service.
CLASS-ACTION WAIVER: ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S OR ENTITY'S CLAIMS. If this waiver is found unenforceable as to a particular dispute, that dispute (and only that dispute) will proceed in the state or federal courts located in Dallas County, Texas, and the parties consent to their exclusive jurisdiction.
16. General
Entire agreement. These Terms, together with our Privacy Policy and any order form or written agreement signed by both parties, are the entire agreement between us regarding the service and supersede all prior discussions. Severability. If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary, and the rest of the Terms remain in full effect. Assignment. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for your payment obligations. Relationship. The parties are independent contractors. Notices. We may give notice to the email address on your account; you may give notice to info@performancevue.com.
17. Changes to these Terms
We may update these Terms from time to time. Each version is identified by the version number and effective date shown at the top of this page. If we make a material change, we will give you at least 30 days' advance notice by email or in-app notification before it takes effect. If you do not agree to the updated Terms, stop using the service and cancel before the effective date; continued use after the effective date constitutes acceptance.
18. Contact
Questions about these Terms? Email info@performancevue.com or write to Performance Vue LLC, 3751 Main St., Suite 600 #167, The Colony, TX 75056.