PerkBoard· by Cloudplexit

PerkBoard Subscription Terms

Version 2026-11-01

These terms are between Cloudplexit LLC ("Cloudplexit") and the customer named on an Order Form that refers to them ("Customer"). PerkBoard is Cloudplexit's product name. The Order Form and these terms together are the "Agreement".

1. Definitions

• Order Form: the signed or email-accepted document naming the Customer, the Host Property, the price and the term.
• Host Property: the apartment community named on the Order Form.
• Administrator: a person Customer or its management company authorizes to run the program.
• Resident: a person who registers in the app and whom an Administrator approves.
• Resident Data: information about Residents held in the Service: name, email address, unit, approval status, sign-in times, perk codes viewed, coupons claimed and problem reports.
• Customer Content: everything Customer or its Administrators put into the Service: property name and logo, listings, perks, events, notices and the resident list.
• Service: the PerkBoard web app and the setup work described on the Order Form.
• Subprocessor: a third party that helps Cloudplexit operate the Service and may process Resident Data.

2. The Service

2.1 Cloudplexit will provide the Service to Customer for the Host Property for the term on the Order Form, and will do the setup described there.

2.2 How it works. Residents register with their name, email and unit; an Administrator approves or declines each one. Approved Residents sign in by a single-use emailed link; no password is stored. Residents see perks and events and can show a perk code. Administrators post listings and events.

2.3 Availability. Cloudplexit will use commercially reasonable efforts to keep the Service available and to give notice of planned maintenance. There is no uptime commitment and no service credits.

2.4 Cloudplexit may improve or change the Service as long as it does not materially reduce what the Order Form describes. Support is by email on business days.

3. Customer responsibilities

3.1 Program administration. Customer runs the perks program: who may join, what is posted, and which merchants take part. Cloudplexit hosts it and does not administer it.

3.2 Approving residents. Customer will approve or decline registrations promptly and consistently, and remove a Resident who moves out.

3.3 Fair housing. Customer will run the program in compliance with the federal Fair Housing Act and the Florida Fair Housing Act (Fla. Stat. 760.20 to 760.37): approving every eligible resident who registers, offering perks and events to all Residents on the same terms, and handling accommodation requests. Cloudplexit does not decide who is approved and is not a housing provider.

3.4 Merchants. Perks are offered and honored by merchants, under arrangements Customer makes. Cloudplexit is not a party to them, does not verify merchants and does not guarantee that a perk will be honored.

3.5 Accuracy. Customer is responsible for Customer Content and will remove a perk promptly when a merchant withdraws or changes it.

3.6 Authorized users. Customer is responsible for its Administrators and anything done with their accounts, and will tell Cloudplexit promptly when one leaves.

3.7 Resident emails. Customer confirms that it may email its residents about property amenities and may give Cloudplexit resident names and email addresses for invitations. Invitations go out in the Host Property's name, carry no merchant offers, and include a link to stop further emails. If a perks digest is turned on, it goes out in the Host Property's name with Customer as the designated sender under the CAN-SPAM Act and Cloudplexit operating the unsubscribe.

3.8 Acceptable use. Customer will not post content that is unlawful, misleading or discriminatory, or perks from healthcare providers (medical, dental, pharmacy or similar). Cloudplexit may remove such content after telling Customer.

4. Resident data and privacy

4.1 Ownership. Customer owns Resident Data and Customer Content and decides why and how Resident Data is collected. Cloudplexit holds it on Customer's behalf.

4.2 Permitted processing. Cloudplexit will use Resident Data only (a) to provide, support and secure the Service, (b) as the Agreement or Customer's written instructions allow, and (c) in aggregated or de-identified form that cannot identify a Resident or the Host Property, to improve the Service. Cloudplexit will not sell Resident Data, share it with advertisers, or use it to market to Residents.

4.3 Subprocessors. Cloudplexit's Subprocessors are listed at https://perkboard.co/subprocessors: today, Microsoft Azure (hosting, database and email sending, United States regions) and Wave (billing; it receives Customer's billing contact details only, no Resident Data). Cloudplexit will update the list at least 30 days before adding a Subprocessor that will process Resident Data. If Customer objects on reasonable grounds and the parties cannot resolve it, Customer may end the Agreement on written notice with a pro-rata refund of prepaid fees.

4.4 Security. Cloudplexit will maintain reasonable administrative, technical and physical safeguards for Resident Data, including encryption in transit and at rest, passwordless sign-in, multi-factor authentication on administrative access, logging and tested backups. Its Security Summary is available on request.

4.5 Breach notice. If Cloudplexit determines that Resident Data has been accessed or taken without authorization, it will notify Customer in writing within 72 hours of that determination, and in any case within the 10 days that Florida's Information Protection Act (Fla. Stat. 501.171) allows a third-party agent. The notice will say what happened, what data and which Residents are affected so far as known, what Cloudplexit has done, and whom to contact. Customer decides on and sends any notices to Residents and regulators; Cloudplexit will cooperate and will send them for Customer only on written instruction. Each party bears its own costs, except that Cloudplexit will reimburse Customer's reasonable notification costs to the extent the breach was caused by Cloudplexit's breach of this Agreement, within the cap in Section 12.

4.6 Retention and deletion. When an Administrator removes a Resident, or a Resident asks Cloudplexit to delete their account, Cloudplexit deletes or de-identifies that Resident's data within 30 days. Other requests from Residents about their data go to Customer. Security logs are kept for 90 days to 12 months. After the Agreement ends, Section 6.5 applies.

4.7 Resident Privacy Notice and Terms of Use. Residents accept a Privacy Notice and Terms of Use at registration. Those documents name the Host Property as the party that runs the program and Cloudplexit as the host. Customer will not alter them and will tell Cloudplexit if any statement in them is not true for the Host Property. Cloudplexit may update them and will tell Customer of material changes.

5. Fees and payment

5.1 Fees are stated on the Order Form. Cloudplexit invoices through Wave; invoices are due 30 days from the invoice date, by bank transfer or card from the invoice link. Cloudplexit does not store card details.

5.2 The setup fee is invoiced with the first invoice and is non-refundable once onboarding starts.

5.3 Late payment. Overdue amounts carry a late charge of 1% per month (12% per year), or the highest rate Florida law allows if that is lower.

5.4 Taxes. Fees exclude taxes. Cloudplexit does not charge Florida sales tax on the subscription, an electronically delivered software service. If a tax authority later requires tax on these fees, Customer pays it, other than taxes on Cloudplexit's income.

6. Term, renewal and termination

6.1 Term. The Agreement starts on acceptance of the Order Form and runs for the term and renewals stated there.

6.2 Ending for convenience. Either party may end the Agreement as the Order Form allows. On a monthly plan, the first 90 days are a minimum term; from day 90 on, either party may end the subscription on 30 days' written notice, and nothing further is owed after the end date. On an annual plan, either party may stop the renewal on 30 days' written notice before the renewal date.

6.3 Ending for breach. Either party may end the Agreement if the other materially breaches it and does not cure within 30 days of written notice.

6.4 Discontinuing the product. Cloudplexit may end the Agreement on 60 days' written notice if it stops offering PerkBoard, and will refund prepaid fees for the period after the end date.

6.5 After the end. For 30 days after the Agreement ends, Customer may export Resident Data and Customer Content as CSV files. Within 60 days after the end, Cloudplexit will delete them and confirm the deletion in writing. Copies in routine backups age out on the normal rotation, and Cloudplexit may keep records it needs for accounting, tax or legal purposes.

6.6 Sections 4.2, 4.6, 6.5, 8, 9, 11, 12, 15 and 16 survive the end of the Agreement.

7. Suspension

Cloudplexit may suspend the Service if an invoice is more than 30 days overdue and stays unpaid 10 days after written notice, or immediately to stop a security threat or unlawful use. It will restore the Service promptly once the cause is resolved. Fees continue during a suspension caused by Customer.

8. Intellectual property and feedback

8.1 Cloudplexit owns PerkBoard, including its software, design and improvements. Customer gets a non-exclusive, non-transferable right to use the Service for the Host Property during the term, and will not copy, resell, reverse engineer or build a competing product from it.

8.2 Customer owns Customer Content and grants Cloudplexit a license to host, display and process it to provide the Service.

8.3 Cloudplexit may use suggestions from Customer or its Administrators without obligation.

9. Confidentiality

9.1 Each party will keep the other's non-public business information confidential, use it only for the Agreement, and share it only with people who need it and are bound to confidentiality. Resident Data is Customer's confidential information.

9.2 This does not cover information that is public, already known to the receiver, independently developed, or received from someone entitled to share it, and a party may disclose what the law requires after giving notice where allowed.

9.3 These obligations last three years after the Agreement ends, and for Resident Data for as long as Cloudplexit holds it.

10. Warranties and disclaimers

10.1 Cloudplexit warrants that the Service will perform materially as described in Section 2 and on the Order Form. If it does not, Cloudplexit will fix the problem or, if it cannot within 30 days, Customer may end the Agreement with a pro-rata refund of prepaid fees.

10.2 Customer warrants that it may use the Customer Content and resident information it provides and has authority to enter the Agreement for the Host Property.

10.3 Otherwise the Service is provided "as is". Cloudplexit disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and does not warrant that merchants will honor perks, that Residents will use the Service, or that the Service will be uninterrupted or error-free.

11. Indemnification

11.1 By Cloudplexit. Cloudplexit will defend Customer against a third-party claim that the Service, used as the Agreement allows, infringes a United States patent, copyright or trademark, and will pay resulting damages and costs awarded or agreed in settlement. Cloudplexit may modify or replace the Service to avoid infringement or, if that is not practical, end the Agreement and refund prepaid fees. Claims arising from Customer Content or misuse are excluded.

11.2 By Customer. Customer will defend Cloudplexit against a third-party claim arising from Customer Content, the perks and events Customer posts, its relationships with merchants, or its treatment of residents or applicants, including fair housing claims, and will pay resulting damages and costs awarded or agreed in settlement.

11.3 Process. The protected party will give prompt notice, let the defending party control the defense and settlement, and cooperate at the defending party's expense. No settlement may admit fault for, or impose obligations on, the protected party without its consent.

12. Limitation of liability

12.1 Neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or lost profits, revenue or data, even if advised of the possibility.

12.2 Each party's total liability under the Agreement is capped at the fees Customer paid or owed in the 12 months before the event giving rise to the claim.

12.3 Sections 12.1 and 12.2 do not apply to Customer's payment obligations, either party's indemnification obligations under Section 11, a breach of Section 9, or a party's gross negligence or willful misconduct.

13. Insurance

Cloudplexit will maintain technology errors and omissions and cyber liability insurance during the term and will provide a certificate on request. Additional-insured status is available on general liability coverage only, if carried; cyber and E&O carriers generally do not allow it.

14. Publicity

Cloudplexit may name the Host Property or Customer as a PerkBoard customer, or use its logo, only with Customer's prior written consent, which an Administrator's email can give or withdraw.

15. Governing law and disputes

15.1 Florida law governs the Agreement, without regard to its conflict-of-laws rules.

15.2 Any dispute will be brought only in the state or federal courts in Orange County, Florida, to whose jurisdiction each party submits.

15.3 The prevailing party in any action to enforce the Agreement may recover its reasonable attorney's fees and costs.

15.4 Each party waives trial by jury in any dispute arising from the Agreement, to the extent permitted by law.

16. General

16.1 Assignment. Neither party may assign the Agreement without the other's written consent, except that Cloudplexit may assign it on a sale of its business or of PerkBoard, and Customer may assign it to a successor owner of the Host Property, in each case with written notice.

16.2 Agent. Where a management company signs the Order Form as agent for Customer, Customer is the party to the Agreement and the paying party. The management company may administer the program and give notices for Customer, and is not personally liable for Customer's obligations.

16.3 Notices. Notices go by email to the addresses on the Order Form and are effective when sent on a business day before 5 p.m. Eastern, otherwise the next business day.

16.4 Entire agreement. The Agreement is the whole agreement about the Service and replaces earlier quotes and discussions. Purchase order or vendor portal terms do not change it unless Cloudplexit signs them.

16.5 Order of precedence. A signed amendment controls over the Order Form; the Order Form controls over these terms on price, term, exit and other commercial points; these terms control everything else.

16.6 Amendments. Changes must be in writing, signed or accepted by email by both parties. Cloudplexit may publish a new version of these terms for new Order Forms and renewals, telling Customer at least 30 days before a renewal; the version named on the Order Form applies until then.

16.7 Severability and waiver. If a court finds part of the Agreement unenforceable, the rest stays in force. Delay in enforcing a right is not a waiver of it.

16.8 No third-party beneficiaries. Residents, merchants and the management company are not third-party beneficiaries and have no rights under the Agreement.

16.9 Independent contractors and force majeure. The parties are independent contractors. Neither is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, utility or internet failures, or acts of government, while it works to resume performance. Amounts already due remain payable.

16.10 Electronic acceptance. The parties agree to conduct this transaction by electronic means. The Order Form and the Agreement may be accepted by electronic signature or by an email reply of "approved" from an authorized person; that reply is intended as a signature, and electronic copies count as originals (federal E-SIGN Act; Fla. Stat. 668.50).

Questions about these terms: Jack Stokes, Cloudplexit LLC, hello@perkboard.co (billing: billing@perkboard.co).