PerchDeck Terms of Service

Effective date: July 27, 2026

The short version (not legally binding, but we mean it)

• Your data is yours. Your backers, customers, subscribers, orders, costs, and content belong to you, not to us. You can export everything, free, at any time, including on your way out.
• We sell software, not your audience. We do not rent, sell, or mine your backer list. We never use your data against you.
• Benchmarks are give-to-get. The Benchmark Program is on by default and only ever produces aggregated, anonymized statistics: no one can ever see your numbers. Participants get the industry benchmarks back. You can opt out anytime in Settings and your data stays out from then on (but you lose access to the benchmarks too).
• AI is a tool, not a training set. We do not use your data to train generative AI models, and neither do our AI providers.
• You run your business; we run the platform. You are the merchant for your sales, the sender of your emails, and responsible for your content. We keep the lights on and protect the shared infrastructure everyone relies on.

The rest of this document says the same things in the longer form that lawyers and procurement teams need.

1. Who we are, and what this Agreement covers

These Terms of Service (the "Terms") are an agreement between Open Owl Studios Inc. ("Open Owl," "we," "us"), a corporation incorporated under the laws of Ontario, Canada, and the organization that registers for or uses PerchDeck (the "Customer," "you"). "PerchDeck" or the "Service" means the software platform available at perchdeck.com and associated domains, including all modules, public pages, APIs, and mobile or embedded surfaces we make available.

By creating a workspace, clicking accept, signing an order form that references these Terms, or using the Service, the person doing so represents that they have authority to bind the Customer, and the Customer agrees to these Terms.

If you and Open Owl have signed a separate master agreement or order form, that document governs where it conflicts with these Terms. Order of precedence: (1) signed order form or master agreement, (2) the Data Processing Addendum (if executed), (3) these Terms, (4) policies referenced by these Terms.

2. The Service

2.1 What PerchDeck is. PerchDeck is a multi-tenant operations platform for tabletop game publishers and similar businesses: projects, manufacturing, logistics, inventory, sales, CRM, marketing, email, customer service, crowdfunding tools, pledge management, and related modules.

2.2 Tenant isolation. Each Customer workspace runs against its own dedicated database. Your records are not commingled with other customers' records.

2.3 Changes and improvements. We continuously improve the Service and may add, change, or remove features. We will not materially degrade the core functionality of a paid module without at least 30 days' notice, except where required for security or legal reasons.

2.4 Beta features. Features identified as beta, preview, early access, or enabled behind a feature flag are provided as-is, may change or be withdrawn at any time, and are excluded from any commitments in these Terms that would otherwise apply to them.

2.5 Support. We provide support to paying Customers by email and in-app channels during ordinary business hours, on a commercially reasonable efforts basis. Any specific support or uptime commitments must be in a signed order form.

3. Accounts, seats, and security

3.1 Users. Access is per named user ("Seat"). Seats may be reassigned to new people but not shared. You are responsible for what your users do in your workspace and for keeping their credentials secure.

3.2 Administrators. Your workspace administrators control roles, module access, integrations, data exports, and settings, including participation in the Benchmark Program (Section 9). We act on instructions from your administrators.

3.3 Accuracy. You will keep your account, billing, and contact information accurate. Legal and billing notices go to the addresses on file.

4. Subscriptions and fees

4.1 Fees. The Service is sold per Seat, monthly or annually, at the prices presented at purchase or in your order form. Certain features carry usage-based fees, for example email sending volume above the included allowance, as presented in the pricing page or in-product at the time of use.

4.2 Billing. Fees are billed in advance (subscriptions) or in arrears (usage), in USD unless stated otherwise, via our payment processor. Amounts are exclusive of taxes; you are responsible for applicable sales tax, GST/HST, VAT, and similar taxes, excluding taxes on our income.

4.3 Seat changes. Added Seats are prorated for the current billing period. Seat reductions take effect at the next renewal.

4.4 Price changes and grandfathered cohorts. We may change prices with at least 30 days' notice, effective at your next renewal. If you subscribed under a promotional cohort price (for example, founder pricing), that per-Seat price remains yours for as long as your subscription remains continuously active, even as list prices change.

4.5 Nonpayment. If a payment fails we will notify you and retry. If fees remain unpaid 14 days after notice, we may suspend the workspace until paid. We do not delete data because of nonpayment during the retention period in Section 12.

4.6 Fair use of AI features. AI-assisted features are included in your subscription subject to fair use. We meter AI usage and may throttle, queue, or (with notice) charge for usage that materially exceeds ordinary business use for a workspace of your size.

5. Your data: ownership and our license

5.1 Ownership. "Customer Data" means all data, records, and content submitted to the Service by you, your users, your integrations, or your End Users (defined in Section 11), including contacts, backers, subscribers, orders, pledges, tickets, costs, quotes, documents, and message content. As between you and Open Owl, you own all Customer Data.

5.2 Our license. You grant Open Owl a worldwide, non-exclusive license to host, process, transmit, display, and create backups of Customer Data solely as needed to (a) provide and secure the Service, (b) comply with law, and (c) exercise the limited rights in Sections 8 and 9. We claim no other rights in Customer Data.

5.3 What we will not do. We will not sell Customer Data. We will not use your contact, backer, or subscriber lists to market to your customers for our benefit or anyone else's. We will not disclose Customer Data to your suppliers, platforms, or competitors, or use it to compete against you, negotiate against you, or solicit your business relationships.

5.4 Your responsibilities. You are responsible for the accuracy and lawfulness of Customer Data, for having the rights and consents needed to submit it (especially personal information about your End Users), and for your users' compliance with these Terms.

6. Data portability (our export pledge)

• Structured exports (CSV and similar) are available self-serve throughout the Service at no charge.
• On request, we will provide a full export of your workspace's structured data within 30 days, at no charge, no more than twice per 12-month period.
• After termination or expiry, your administrators can export data for 60 days. We then delete Customer Data from production within 90 days of termination, and from backups as they roll off on our standard cycle, except where law requires retention.
• We do not charge exit fees, and we do not condition export on payment of anything other than fees already owed.

7. Privacy, security, and data protection

7.1 Roles. For personal information contained in Customer Data, you are the controller (or equivalent) and Open Owl is a processor or service provider acting on your instructions. For account and billing data about your users, Open Owl is a controller as described in our Privacy Policy.

7.2 Data Processing Addendum. On request we will enter into our standard Data Processing Addendum, including provisions supporting GDPR, UK GDPR, and Canadian privacy law (PIPEDA) compliance, standard contractual clauses where applicable for international transfers, and the de-identification and aggregation authorizations that support Sections 8 and 9.

7.3 Subprocessors. We use vetted subprocessors to operate the Service, currently including Vercel (hosting), Neon (databases), Clerk (authentication), Stripe (billing), Amazon Web Services (email sending and storage), Postmark (support email), Twilio (SMS), Anthropic (AI processing), and Cloudflare (network). We will provide the current list on request, will give notice of additions as described in the DPA, and remain responsible for our subprocessors' performance.

7.4 Security. We maintain administrative, technical, and physical safeguards appropriate to the data we process, including per-tenant database isolation, encryption of data in transit, encryption at rest, encrypted storage of integration credentials, role-based access, and audit logging of sensitive operations. No system is perfectly secure, and we do not promise that security incidents will never occur.

7.5 Incident notice. If we become aware of unauthorized access to Customer Data, we will notify you without undue delay, share what we know as we investigate, and cooperate with your legal notification obligations.

8. Operational use of de-identified data

We may generate and use data about the operation and use of the Service (performance, feature usage, error rates, volumes) and de-identified data derived from Customer Data, in each case only in a form that does not identify you, your users, or your End Users, for the purposes of securing, operating, capacity-planning, and improving the Service. This section does not permit inclusion of your data in customer-facing benchmarks; that requires Section 9.

9. The Benchmark Program (on by default, give-to-get)

9.1 What it is. The Benchmark Program pools contributed data across participating customers to produce aggregated industry statistics: for example, component cost ranges, freight and duty trends, campaign and pledge-manager performance distributions, and email engagement ranges.

9.2 What goes in (and what never does). Benchmark inputs are limited to business and operational records: component and manufacturing costs, quotes, freight and duty amounts, logistics performance, campaign and pledge totals, sales and inventory aggregates, sending volumes, and engagement rates. Benchmark inputs exclude End-User personal information, contact and subscriber lists, and message content. Where a statistic would be derived from personal information, we first de-identify it in accordance with Section 7, the DPA, and applicable law.

9.3 Participation. Workspaces are enrolled in the Benchmark Program by default, and this is disclosed at signup. Your administrators may opt out at any time in Settings; opting out stops all future inclusion of your data (statistics already published cannot be recomputed retroactively). Access to Benchmark Program insights is reserved for participating workspaces: contributors receive the benefit of what they contribute to. A signed order form may specify different participation terms.

9.4 Protections. For all Benchmark Program outputs we commit that:

• (a) outputs are aggregated and de-identified; no output identifies you, your projects, your pricing, your suppliers, or your End Users;
• (b) every published statistic draws on a minimum number of contributing customers (never fewer than five, and higher thresholds for sensitive categories), and we suppress any cell below threshold;
• (c) we will not attempt to re-identify contributors and we prohibit recipients from attempting re-identification;
• (d) for competitively sensitive statistics (for example cost and pricing benchmarks), we publish only figures that are time-lagged and constructed so that no single contributor's data dominates a published cell;
• (e) we will never use Benchmark Program data to solicit your counterparties, to assist anyone in negotiating against you, or to build a product that competes with you; and
• (f) raw contributed records are stored under access controls separate from published aggregates.

9.5 Industry reports. We may publish public industry research combining publicly available data with Benchmark Program aggregates, always subject to the protections in Section 9.4.

10. AI features

10.1 No training on your data. We do not use Customer Data to train generative AI models, and we contractually require our AI subprocessors to process Customer Data without using it for model training.

10.2 Nature of outputs. AI features generate drafts, extractions, estimates, forecasts, and suggestions. Outputs may be inaccurate or incomplete. You are responsible for reviewing AI outputs before relying on them or sending them to third parties. AI outputs that you adopt become part of your Customer Data.

10.3 No professional advice. AI outputs (including cost estimates, landed-cost projections, and financial summaries) are informational and are not legal, tax, customs, or financial advice.

11. Public surfaces and End Users

11.1 End Users. The Service lets you publish surfaces that third parties interact with: order forms, price lists, pledge manager checkouts, marketing pages, forms, chat widgets, subscription pages, and surveys. People who interact with those surfaces are "End Users." End Users are your customers, not ours.

11.2 Your storefront, your rules. You are responsible for the content of your public surfaces, for posting your own terms, privacy policy, and refund policy where required, and for complying with consumer protection, e-commerce, accessibility, and disclosure laws that apply to your business.

11.3 Our role. We process End User data on your behalf as described in Section 7. We may display a minimal "powered by PerchDeck" attribution on public surfaces.

12. Term, suspension, and termination

12.1 Term. Subscriptions run for the purchased period and renew automatically until cancelled. You can cancel anytime, effective at the end of the current period; we do not refund partial periods except where required by law or stated in an order form.

12.2 Suspension. We may suspend some or all of the Service for a workspace, with notice where practicable, if: (a) fees are 14+ days overdue after notice; (b) the workspace is the source of a security threat, unlawful activity, or material breach of these Terms; or (c) its sending behavior threatens shared infrastructure (Section 13.4). We will scope suspensions as narrowly as reasonable (for example, pausing sending rather than the whole workspace) and lift them once the cause is resolved.

12.3 Termination for cause. Either party may terminate if the other materially breaches these Terms and fails to cure within 30 days of written notice, or immediately on the other party's insolvency.

12.4 Effect. On termination or expiry: your right to use the Service ends; Sections 5-10 (as to committed protections), 6 (export window), and 14-19 survive; and data retention and deletion follow Section 6.

13. Email, SMS, and messaging rules

Because sending infrastructure is shared, one bad sender can hurt every customer's deliverability. Accordingly:

13.1 Consent. You will send marketing messages only to recipients from whom you have valid consent or another lawful basis, and you warrant that imported lists were collected lawfully. Purchased, rented, or scraped lists are prohibited.

13.2 Compliance. You are the sender of record and will comply with applicable messaging laws, including CAN-SPAM, CASL, GDPR/ePrivacy, and TCPA and equivalents for SMS, including required identification, consent records, quiet hours where applicable, and honoring opt-outs promptly.

13.3 Suppression. You will not circumvent unsubscribe handling or suppression lists. Unsubscribes and spam complaints are enforced platform-wide for your workspace.

13.4 Deliverability protection. We may set and adjust technical sending limits (volume ramps, bounce and complaint thresholds) and may pause or throttle sending that exceeds them. Repeated or egregious abuse is a material breach.

14. Payments and commerce between you and your buyers

14.1 You are the merchant. Sales you make through the Service (pledges, preorders, wholesale orders, store sales, invoices) are between you and your buyer. You are the merchant of record: you set prices, collect applicable taxes and duties, deliver goods, and handle refunds, chargebacks, and disputes.

14.2 Connected processors. Payments run through payment accounts you connect (for example, your Stripe account). Your processor's terms apply to those funds. We are not a bank, money transmitter, escrow agent, or payment processor, and we do not hold your buyers' funds.

14.3 Records. The Service maintains ledgers and reconciliation records of transactions it processes on your behalf as a bookkeeping convenience; your processor's and accounting system's records remain authoritative for funds.

14.4 Future payment services. If we offer platform payment, financing, or similar services in the future, they will be offered under separate terms and will not change these Terms by default.

15. Integrations

The Service connects to third-party products you choose (for example QuickBooks Online, Shopify, Stripe, Gamefound, Meta, Mailchimp, MailerLite, fulfillment providers). You authorize us to exchange data with them on your instructions. Third-party products are governed by their own terms; we are not responsible for their acts, omissions, outages, or API changes, though we will make reasonable efforts to maintain compatibility and to notify you of material breaking changes we become aware of.

16. Acceptable use

You will not, and will not permit anyone to: (a) use the Service unlawfully or to store or distribute unlawful, infringing, or malicious content; (b) probe, disrupt, or circumvent security or usage controls; (c) access the Service to build a competing product, or scrape other tenants' data; (d) resell or white-label the Service without a signed agreement; (e) misrepresent sender identity in any message sent through the Service; (f) upload data you lack the right to process; or (g) use the Service to make automated decisions with legal or similarly significant effects on individuals without human review.

17. Intellectual property

We and our licensors own the Service, including software, designs, templates, and documentation, and all improvements, including improvements informed by de-identified operational learning under Section 8. No rights are granted except as stated in these Terms. If you send us feedback or suggestions, we may use them without obligation. We may identify you as a customer by name and logo only with your prior written permission (email suffices), revocable at any time.

18. Warranties and disclaimers

We warrant that we provide the Service with reasonable skill and care. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DATA (INCLUDING FORECASTS, ESTIMATES, AND AI OUTPUTS) WILL BE ACCURATE, OR THAT THIRD-PARTY INTEGRATIONS WILL REMAIN AVAILABLE.

19. Indemnities and liability

19.1 By you. You will defend and indemnify Open Owl against third-party claims arising from Customer Data, your public surfaces and sales to End Users, your messaging practices, or your breach of Sections 13, 14, or 16.

19.2 By us. We will defend and indemnify you against third-party claims that the Service, as provided by us and used as permitted, infringes that party's intellectual property rights, and we will pay resulting damages finally awarded or agreed in settlement. If the Service is enjoined we may modify it, procure rights, or terminate the affected portion with a prorated refund. This Section 19.2 does not apply to claims arising from Customer Data, combinations with items not provided by us, or unauthorized use.

19.3 Cap. EXCEPT FOR (a) EITHER PARTY'S INDEMNITY OBLIGATIONS, (b) YOUR PAYMENT OBLIGATIONS, (c) BREACH OF SECTION 5.3 OR 9.4, OR (d) A PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD: NEITHER PARTY'S TOTAL LIABILITY UNDER THESE TERMS WILL EXCEED THE FEES PAID OR PAYABLE BY YOU IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, AND NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

20. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in-product, and the changes take effect at your next renewal or 30 days after notice, whichever is later, except changes required by law or affecting only new features, which may take effect sooner. If a material change adversely affects you, you may terminate and receive a prorated refund of prepaid, unused fees.

21. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in it, without regard to conflicts of law. The parties will first attempt in good faith to resolve disputes informally within 30 days of written notice. Failing that, disputes are subject to the exclusive jurisdiction of the courts of Toronto, Ontario. The UN Convention on Contracts for the International Sale of Goods does not apply.

22. General

Assignment: neither party may assign these Terms without the other's consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets, with notice. Force majeure: neither party is liable for delays caused by events beyond its reasonable control. Notices: to you, at your account email; to us, at hello@openowlstudios.com. Waiver and severability: standard; failure to enforce is not waiver, and invalid provisions are modified to the minimum extent needed. Independent contractors; no third-party beneficiaries. Entire agreement per Section 1.

23. Contact

Open Owl Studios Inc. hello@openowlstudios.com