Terms of Service
Last updated: October 12, 2026
1. Agreement and Eligibility
These Terms of Service (“Terms”) are an agreement between you and Packet Perfect, Inc. (“Packet Perfect,” “PP,” “we,” “us,” or “our”) governing your access to and use of the Packet Perfect service.
You must be at least 18 years old to create or use a Packet Perfect account. By creating an account, accepting these Terms, or using Packet Perfect, you represent that you are at least 18 years old and have legal capacity to enter into these Terms.
Packet Perfect accounts and subscriptions are individual licenses. Each account may be used only by the individual who created or is assigned that account. You may not share your account, login credentials, subscription, or generation allowance with another person.
If you use Packet Perfect in connection with your work for a school, district, organization, employer, or other entity, you remain responsible for complying with that entity’s requirements. Unless you have actual authority to do so, your acceptance of these Terms does not bind your school, district, employer, or other organization to these Terms.
2. About Packet Perfect
Packet Perfect is an adult-facing web application that assists users in creating differentiated instructional materials, small-group instructional plans, student activity pages, progress-monitoring materials, answer keys, and related educational materials. Packet Perfect uses artificial intelligence and other software systems to assist in generating some content and visual materials.
Packet Perfect is an instructional support tool. It is not a student information system, an IEP repository, an IEP-writing or compliance system, a medical or diagnostic system, or a substitute for professional educational judgment.
Packet Perfect does not determine student eligibility, placement, services, accommodations, instructional minutes, diagnoses, legally required goals, or compliance with the Individuals with Disabilities Education Act (IDEA), the Family Educational Rights and Privacy Act (FERPA), state special-education requirements, or other legal obligations.
AI-generated and software-generated materials can contain errors. Users must review generated materials for accuracy, appropriateness, accessibility, and suitability before using them with students or relying on them for instructional decisions.
3. Free Trial Generations
Each eligible new Packet Perfect account receives three (3) free full packet generations and five (5) additional generations shared between Progress Monitoring and Targeted Reading passages, in any combination. A payment card is required to create an account, but it is not charged for these free allowances. Your card is charged only when you choose and confirm a subscription or buy additional packets.
A free packet generation is used when Packet Perfect successfully completes a new packet-generation job and makes the packet available for review. A packet created for more than one group uses one free packet generation for each group. Ordinary review, repair, replacement, correction, deletion, or regeneration of pages within that existing packet does not consume an additional free packet generation.
If a generation fails because of a verified Packet Perfect technical or software failure, that failed generation will not consume the applicable free generation allowance.
After the applicable free allowance for a feature has been used, a paid subscription is required for further paid generations of that feature, unless Packet Perfect expressly offers another promotion or allowance.
These free allowances provide an opportunity to evaluate the service before purchase. Subscription purchases are therefore generally non-refundable, subject to the refund and service-failure provisions later in these Terms.
4. Student Privacy Requirements
Packet Perfect is designed around data minimization. Users should provide only the limited student information reasonably necessary to create appropriate instruction. Packet Perfect does not need, and users must not provide, unnecessary personally identifying or highly sensitive student information.
4.1 Permitted Limited Student Identifier
Where a student identifier is needed, users may enter the student’s first name and last initial (for example, “Sam R.”). Users must not enter a student’s full last name or full legal name.
4.2 Information You Must Not Enter
Users must not enter, paste, upload, or otherwise submit unnecessary personally identifying or highly sensitive student information, including:
- full student last names or full legal names;
- dates of birth;
- Social Security numbers;
- school, district, state, or other student identification numbers;
- home addresses;
- personal phone numbers or personal email addresses;
- parent or guardian names or contact information;
- photographs or images that identify a student;
- race or ethnicity;
- gender or sex;
- religion;
- immigration or citizenship information;
- insurance or Medicaid information;
- financial information;
- usernames, passwords, or other authentication credentials;
- medical records, medication information, or mental-health records;
- unnecessary medical or diagnostic information;
- complete disciplinary records;
- transportation information that could identify or locate a student; or
- other information that is unnecessary for Packet Perfect’s instructional purpose.
4.3 Instructional Need Instead of Diagnosis
When possible, users should describe the instructional support a student needs rather than provide a disability, medical, or diagnostic label. For example, information such as “benefits from visual supports, explicit modeling, reduced language load, and three-choice response fields” is preferable to providing diagnoses that are not necessary for Packet Perfect to design instruction.
4.4 No Complete IEPs or Student Records
Users must not paste, upload, or submit complete IEPs, evaluations, eligibility reports, medical records, disciplinary records, cumulative student records, or other complete educational or student records to Packet Perfect.
Users may provide the limited instructional information genuinely necessary for Packet Perfect’s instructional purpose, such as academic goals or objectives, skill levels, instructional performance or progress, instructional accommodations or supports, grade level, group membership, and similar instructional information. Goal text and other instructional text should not contain prohibited identifying information.
4.5 User Responsibility
By using Packet Perfect, you agree to follow these student-privacy requirements and not to submit prohibited information. If you knowingly or negligently submit information that Packet Perfect expressly instructs you not to provide, you are responsible for that unauthorized submission to the maximum extent permitted by applicable law. This provision does not eliminate Packet Perfect’s responsibility for information that Packet Perfect legitimately collects or for Packet Perfect’s own legal, privacy, or security obligations.
5. Privacy Screening and Blocking
Packet Perfect may use automated and manual safeguards designed to identify certain prohibited personally identifying or sensitive information before instructional information is processed or transmitted to an external artificial-intelligence provider.
When Packet Perfect detects information that appears to contain prohibited student information, Packet Perfect may stop the affected process and require the user to remove or revise the information before continuing. Where technically feasible, blocked information will not be transmitted to the instructional AI as part of that attempted generation.
Packet Perfect may send a privacy or security notice to the established email address associated with the user’s account when a submission is blocked. Such notices should not reproduce the prohibited student information in the email itself.
Packet Perfect’s privacy screening is an additional safeguard, not a guarantee that every form of personally identifying, sensitive, or prohibited information will be detected. Users remain responsible for reviewing what they enter and complying with these Terms even when Packet Perfect’s screening tools do not detect a violation.
Packet Perfect is also designed to further minimize or sanitize instructional information before transmitting information to external AI services when that information is not necessary for the requested generation. The precise safeguards and provider practices described in Packet Perfect’s Privacy Notice will reflect the systems actually implemented and in use.
6. Authority to Provide Information
You may submit to Packet Perfect only information that you are authorized to use and provide for the requested instructional purpose.
If you use Packet Perfect in connection with a school, district, employer, organization, or professional role, you are responsible for complying with applicable policies, agreements, confidentiality obligations, and requirements governing your use of educational technology and student information.
Your individual use of or subscription to Packet Perfect does not create an agreement between Packet Perfect and your school, district, employer, or other organization and does not represent that Packet Perfect has been approved by that organization.
7. Artificial Intelligence and Third-Party Service Providers
Packet Perfect uses artificial intelligence and other third-party technology services to assist in generating instructional content, visual content, and related materials. Packet Perfect may change, replace, add, or discontinue particular providers, models, or technologies as the service evolves.
Packet Perfect is designed to limit the information transmitted to external AI services to information reasonably necessary for the requested generation and to further minimize or sanitize student information before external transmission where technically feasible and appropriate.
Current information about the categories of third-party providers used by Packet Perfect, the information shared with them, the purposes for which information is shared, and applicable provider data practices will be described in Packet Perfect’s Privacy Notice or related privacy disclosures.
Users must not attempt to defeat Packet Perfect’s privacy safeguards or use Packet Perfect to transmit information that these Terms prohibit, regardless of whether a particular safeguard detects or blocks the information.
7.1 Optional Google Drive Saving
Packet Perfect may offer an optional feature that allows a user to connect a Google account the user selects and to save generated materials to that account’s Google Drive. Use of this feature is voluntary. Packet Perfect requests only the limited Google permission needed to create and update the files and folders that Packet Perfect saves, and does not request access to other files in the user’s Google Drive.
Materials are saved to Google Drive only when the user chooses to save them. Saved materials may include teacher-only pages that show a student’s first name and last initial. The user is responsible for determining whether saving materials to a particular Google account is consistent with the policies of the user’s school, district, or organization, including policies concerning student information and the use of personal or organization-managed accounts.
Materials saved to Google Drive are stored in the user’s Google account and are subject to Google’s terms and policies and to the settings of that account. Packet Perfect does not control Google’s services and is not responsible for copies of materials held in a user’s Google account. Disconnecting Google Drive, cancelling a subscription, or deleting a Packet Perfect account does not delete materials already saved to the user’s Google Drive.
A user may disconnect Google Drive at any time through Packet Perfect or through the user’s Google account settings.
8. Educational Judgment, Review, and Progress Monitoring
Packet Perfect assists users in creating instructional and progress-monitoring materials, but the user remains responsible for professional educational judgment and for reviewing generated materials before use.
Before providing generated materials to students or relying on them for instructional decisions, users must review them for accuracy, appropriateness, accessibility, and alignment with the intended instructional purpose.
Packet Perfect may create materials intended to assess or monitor progress toward instructional or IEP-related goals. The educator remains responsible for determining how such materials are administered, interpreting student performance, documenting progress, and meeting applicable IEP, progress-reporting, professional, school, district, and legal obligations.
Packet Perfect does not independently determine whether a student has mastered a goal, whether an IEP or educational program is legally compliant, or whether any particular educational decision is required by law.
9. License to Use Generated Materials
Subject to these Terms, Packet Perfect grants the individual subscriber a license to use materials generated through that subscriber’s account for the students, groups, caseloads, and instructional responsibilities for which the materials were created.
The subscriber may download, retain, print, copy, modify, and share generated materials as reasonably necessary to support instruction for those intended students, including with substitutes, paraprofessionals, parents or guardians, related-service providers, and other authorized individuals supporting those same students.
A subscriber may continue to use lawfully downloaded generated materials for permitted educational purposes after the subscriber’s Packet Perfect subscription ends.
The subscriber may not provide generated materials to another educator for independent use with different students, classrooms, groups, caseloads, or instructional programs, even when the students have similar skills or goals. Such independent use requires that educator’s own applicable Packet Perfect license. Sharing materials does not authorize account sharing.
10. Prohibited Commercial Use and Packet Perfect Intellectual Property
Unless Packet Perfect expressly offers a separate commercial-use license, generated materials may not be sold, offered for sale, licensed for a fee, published as commercial educational products, uploaded for commercial distribution, or distributed through marketplaces such as Teachers Pay Teachers or similar services.
A Packet Perfect subscription does not transfer ownership of Packet Perfect’s software, source code, templates, template libraries, design systems, workflows, generation systems, prompts or proprietary configurations to the extent protectable, branding, trademarks, website, or other Packet Perfect intellectual property.
Users may not scrape, systematically download, extract, reproduce, or assemble Packet Perfect templates, designs, systems, or other proprietary resources for the purpose of creating a competing product or service, building a substitute resource library, avoiding subscription requirements, or enabling unauthorized use by others.
Users may not share account credentials or permit another person to use their account to generate materials. One paid individual subscription provides generation access to the individual subscriber only.
Nothing in these Terms grants Packet Perfect ownership of third-party books, characters, illustrations, trademarks, or other third-party intellectual property. Rights and restrictions relating to third-party works and book-associated materials are addressed separately in these Terms.
11. Books and Third-Party Intellectual Property
Packet Perfect may support the creation of instructional companions associated with books, stories, and other third-party works. Packet Perfect does not claim ownership of third-party books, characters, illustrations, trademarks, authors’ works, publishers’ works, or other third-party intellectual property.
Public-domain works may be used more extensively when Packet Perfect has reasonably verified that the relevant source material is in the public domain. Packet Perfect may create original instructional materials and original visual interpretations based on verified public-domain source material, subject to any separate rights that may apply to later editions, adaptations, trademarks, branding, or other protected material.
For contemporary or otherwise copyrighted works, Packet Perfect is intended to create instructional companions rather than reproduce the underlying work. Users must not use Packet Perfect to reproduce substantial copyrighted text, copyrighted illustrations, protected artwork, or other third-party material in a manner that violates applicable rights.
Users may submit or identify third-party materials only when they have the right or authority to use and provide those materials for the requested instructional purpose.
References to a book, author, publisher, character, title, or other third-party work do not imply sponsorship, endorsement, authorization, or affiliation between Packet Perfect and the applicable author, publisher, rightsholder, or brand unless Packet Perfect expressly states otherwise.
12. Subscriptions, Billing, Renewal, and Cancellation
After any applicable free packet allowance has been used, continued access to paid Packet Perfect generation features requires an applicable paid subscription.
Packet Perfect may offer monthly, annual, or other subscription plans. Subscription charges are billed in advance for the applicable subscription period and, unless otherwise stated at purchase, subscriptions automatically renew until cancelled.
The price, features, and generation allowances applicable to a subscription are those displayed for the applicable plan at the time of purchase or renewal. Specific prices and generation allowances are not fixed by these Terms and may change prospectively.
Included subscription credits: Both monthly and annual plans provide twenty-five (25) new full-packet generation credits each month. Up to twenty-five (25) unused included subscription credits may carry forward into the next monthly allocation, for a maximum included-credit balance of fifty (50) immediately after allocation. Included credits do not accumulate without limit. A packet created for more than one group uses one credit for each group. Included credits, including carried-forward credits, end when the subscription ends. The applicable allocation timing and credit-use rules will be displayed in the service.
Purchased add-on packet credits are tracked separately from included subscription credits. Add-on credits can be purchased only during an active subscription. Purchased add-on credits do not expire, do not count toward the twenty-five-credit subscription rollover limit, and remain available for use even if the subscription is canceled or ends, subject to these Terms.
If Packet Perfect changes the price of a renewing subscription, Packet Perfect will provide notice before the renewal at which the new price will apply, as required by applicable law. A price change will not retroactively change amounts already paid for the current subscription period.
A subscriber may cancel renewal through the cancellation method made available by Packet Perfect. Cancellation prevents the next renewal charge but does not ordinarily end access before the conclusion of the subscription period already paid for.
If an annual subscriber cancels during the annual subscription period, the subscription ordinarily remains available through the end of the prepaid annual term and the unused portion of that term is not prorated or refunded, except as otherwise required by law or expressly provided under these Terms.
Packet Perfect may suspend paid generation features or other paid access if a required payment fails, subject to reasonable payment processing and any applicable legal requirements.
Except as required by law or expressly provided in these Terms, subscription payments are non-refundable. Eligible new users receive three (3) free full packets and five (5) additional generations shared between Progress Monitoring and Targeted Reading, without charge, to evaluate the service before purchasing.
13. Refunds, Repairs, and Service Failures
Except as required by law or expressly provided in these Terms, subscription payments are non-refundable. Packet Perfect provides eligible new users with three free packet generations before a paid subscription is required so that users have a meaningful opportunity to evaluate the service before purchasing.
If a verified Packet Perfect technical or software failure materially prevents the subscriber from receiving or using the paid service and cannot reasonably be corrected, Packet Perfect may provide an appropriate refund. For an ordinary subscription service-failure refund, the amount will not ordinarily exceed the affected month’s subscription value (the monthly charge for a monthly plan, or one-twelfth of the annual subscription price for an annual plan), except as otherwise required by applicable law or expressly provided in these Terms. This refund policy is distinct from the limitation of liability in Section 20.
When a verified Packet Perfect technical or software problem affects generated materials or materially interferes with paid service, Packet Perfect may use an appropriate corrective remedy. Depending on the circumstances, this may include correcting or replacing affected materials, restoring an improperly consumed generation allowance, providing an account credit or reasonable extension of service, or another appropriate remedy.
Failure to use a subscription, a change of mind after purchase, dissatisfaction that does not result from a verified material Packet Perfect service failure, or ordinary variation inherent in AI-assisted generation does not ordinarily entitle a subscriber to a refund.
14. Service Availability, Features, and Changes
Packet Perfect does not guarantee that the service will be uninterrupted, error-free, or available at all times. Service may occasionally be affected by maintenance, updates, Internet or infrastructure problems, third-party service outages, AI-provider availability, hosting or storage failures, security events, or other circumstances.
Packet Perfect may update, improve, replace, add, or discontinue particular models, providers, features, workflows, interfaces, or technical systems as the service evolves. Packet Perfect may also modify the structure of future subscription plans and generation allowances prospectively.
The specific price, features, and generation allowances offered with a plan will be displayed through Packet Perfect’s pricing, subscription, or purchase interface rather than fixed in these Terms.
Where a change affects the price charged at a future renewal, Packet Perfect will provide advance notice before the affected renewal as required by applicable law.
Nothing in this section is intended to permit Packet Perfect to retroactively change amounts already paid or to avoid remedies that may apply when Packet Perfect materially fails to provide the paid service.
15. Acceptable Use and Account Security
Packet Perfect is intended for educational, instructional, and closely related professional purposes. Users may not use Packet Perfect for unlawful purposes or in a manner that violates these Terms, the rights of others, or the integrity or security of the service.
Users must not:
- share account credentials, permit unauthorized account use, or allow another person to use the subscriber’s account to generate materials;
- circumvent or attempt to circumvent generation allowances, subscription restrictions, privacy protections, security controls, or other technical safeguards;
- probe, scan, attack, disrupt, overload, damage, or interfere with Packet Perfect or systems connected to the service;
- attempt to gain unauthorized access to another user’s account, information, generated materials, or any restricted portion of the service;
- introduce malware, malicious code, or other harmful material;
- scrape, systematically extract, or use automated means to collect Packet Perfect templates, designs, proprietary resources, or service content except where Packet Perfect expressly authorizes such access;
- use bots, scripts, automated agents, or other automated access methods in a manner not expressly authorized by Packet Perfect;
- impersonate another person or misrepresent authorization to use an account or provide information;
- use Packet Perfect to violate copyright, trademark, privacy, confidentiality, or other legal rights; or
- attempt to defeat Packet Perfect’s student-privacy, PII-screening, sanitization, or other protective safeguards.
Users are responsible for maintaining the confidentiality of their account credentials and for promptly notifying Packet Perfect if they reasonably believe their account has been accessed or used without authorization.
16. Suspension and Termination
Packet Perfect may warn, restrict, suspend, or terminate access to an account when the user violates these Terms, fails to pay amounts due, misuses the service, threatens the security or integrity of Packet Perfect or its users, infringes applicable rights, or otherwise engages in conduct that creates material legal, privacy, security, or operational risk.
For ordinary violations that can reasonably be corrected, Packet Perfect may provide notice and an opportunity to correct the problem before suspending or terminating the account. Packet Perfect is not required to provide advance notice or an opportunity to cure when immediate action is reasonably necessary to address fraud, a security threat, deliberate abuse, unlawful activity, serious or repeated privacy violations, unauthorized access, or another material risk.
Conduct that may result in restriction, suspension, or termination includes repeated or deliberate submission of prohibited student information, account sharing, attempts to defeat privacy or security safeguards, attempts to circumvent generation or subscription restrictions, unauthorized scraping or extraction, infringement or misuse of intellectual property, fraudulent activity, and other material violations of these Terms.
Suspension or termination does not eliminate obligations that arose before suspension or termination. Provisions that by their nature should continue after termination, including applicable intellectual-property restrictions, payment obligations, disclaimers, limitations of liability, and dispute provisions, will continue to apply.
17. Cancellation, Post-Subscription Access, Data Retention, and Account Deletion
17.1 Cancellation During a Paid Subscription Period
Cancelling a subscription stops future renewal but does not ordinarily end access during a subscription period that has already been paid for. Unless otherwise stated or required by law, the user may continue using the paid service through the end of that prepaid subscription period.
17.2 Post-Subscription Download Period
After a paid subscription expires, including a subscription whose paid access remains suspended because a required payment failed, Packet Perfect provides a ninety (90) day post-subscription period during which the former subscriber may sign in to access and download previously generated materials. New paid packet generation will not be available during this download-only period unless the user renews or purchases an applicable subscription. Accounts that never purchase a subscription are subject to the same period and deletion after ninety (90) days without a sign-in. Signing in or purchasing a subscription restarts the period.
During the post-subscription period, Packet Perfect may send account notices reminding the user to download materials before scheduled deletion. Such notices may be sent to the established account email address. SMS reminders may be sent only where the user has provided an appropriate mobile number and applicable permission for service-related text messages.
At or after the end of the post-subscription period, Packet Perfect may delete the hosted packet library and associated student, group, and instructional information, subject to applicable law, legal retention requirements, backup practices, security needs, and technical limitations described in Packet Perfect’s Privacy Notice. Deletion at the end of this period does not delete the user’s account itself.
A former subscriber’s right to continue using lawfully downloaded materials for permitted educational purposes is not terminated merely because Packet Perfect later deletes the hosted copies.
17.3 Voluntary Account Deletion
A user who chooses to delete their Packet Perfect account will be informed that account deletion will also result in deletion of the user’s hosted packet library and stored student, group, and instructional information, subject to applicable legal and technical retention requirements.
Before the user completes account deletion, Packet Perfect will provide or direct the user to an opportunity to download generated materials the user wishes to keep. The account-deletion process will require explicit confirmation that the user understands that remaining hosted materials and associated account data are scheduled for deletion.
Once the user affirmatively confirms account deletion, Packet Perfect may begin deletion without providing the ninety-day post-subscription download period that ordinarily applies when a subscription merely expires. Some information may remain temporarily in backups or may be retained where reasonably necessary or legally required, as described in the Privacy Notice.
Deleting a Packet Perfect account also disconnects any connected Google Drive account. It does not delete materials the user previously saved to Google Drive; those copies remain under the user’s control in the user’s Google account.
18. Communications, Feedback, and Contact Preferences
Where Packet Perfect requests permission to contact a user for optional feedback or research by email or telephone, the applicable permission will be requested separately from mandatory acceptance of these Terms and recorded as appropriate. Such permission does not itself constitute consent to promotional marketing. SMS is not offered at launch.
Optional promotional email consent will be offered during registration through a separate checkbox that is unchecked by default. Consent is not required to create an account. Users may withdraw marketing consent using unsubscribe methods or applicable account preferences. Necessary service, security, and billing messages do not depend on marketing consent.
Marketing or promotional communications will be handled separately from service communications and feedback/research permissions where required or appropriate. Users will be provided applicable methods to manage or withdraw optional communication preferences.
Packet Perfect may maintain a public feedback contact address or other feedback channel through which users may voluntarily submit comments, suggestions, concerns, or ideas about the service.
19. Disclaimers
Packet Perfect is an AI-assisted instructional service. Although Packet Perfect is designed to produce useful educational materials and includes systems intended to support quality and accuracy, generated content may contain mistakes, omissions, inconsistencies, or inappropriate results. Users are responsible for reviewing generated materials before use.
To the maximum extent permitted by applicable law, Packet Perfect is provided on an “as available” basis and Packet Perfect disclaims warranties that are not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement to the extent such warranties may lawfully be disclaimed.
Packet Perfect does not warrant that every generated item will be error-free, that every generation will perfectly address an instructional or IEP-related goal, that the service will operate without interruption, or that use of Packet Perfect by itself will satisfy IDEA, FERPA, state special-education law, district policy, professional obligations, or other legal requirements.
Nothing in this section eliminates an express commitment Packet Perfect makes in these Terms or limits rights or remedies that cannot lawfully be waived or disclaimed.
20. Limitation of Liability
To the maximum extent permitted by applicable law, Packet Perfect, Inc. and its officers, directors, employees, agents, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for loss of profits, revenues, business opportunities, goodwill, or data, arising out of or relating to the use of or inability to use Packet Perfect, even if advised that such damages were possible, except to the extent such liability cannot lawfully be excluded.
To the maximum extent permitted by applicable law, Packet Perfect’s aggregate liability arising out of or relating to the service or these Terms will not exceed the greater of (a) the amounts the claimant actually paid to Packet Perfect for the service during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).
The limitations in this section are intended to allocate the risks associated with providing an AI-assisted subscription service at the prices charged and apply regardless of the legal theory asserted, to the extent permitted by law.
Nothing in these Terms excludes or limits liability where applicable law prohibits exclusion or limitation, and nothing in this section is intended to limit any non-waivable consumer right or remedy.
21. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Packet Perfect, Inc. and its officers, directors, employees, and agents from third-party claims, damages, liabilities, judgments, losses, costs, and reasonable legal fees arising from or relating to your material violation of these Terms, your unlawful use of Packet Perfect, your knowing or unauthorized submission of information that these Terms expressly prohibit you from providing, or material supplied by you that infringes or violates a third party’s rights.
This indemnification obligation does not apply to the extent a claim results from Packet Perfect’s own unlawful conduct, breach of its obligations, or conduct for which applicable law does not permit Packet Perfect to shift responsibility to the user.
Packet Perfect will provide reasonable notice of an indemnified claim when practicable and may reasonably participate in or control the defense or settlement of the claim. You may not enter into a settlement that admits wrongdoing by Packet Perfect, imposes obligations on Packet Perfect, or requires Packet Perfect to pay money without Packet Perfect’s prior written consent.
22. Governing Law, Courts, Individual Proceedings, and Class-Action Waiver
These Terms and disputes arising out of or relating to Packet Perfect or these Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.
Subject to any applicable right to bring an eligible matter in small claims court, you and Packet Perfect agree that disputes arising out of or relating to Packet Perfect or these Terms will be brought in the state courts located in Hillsborough County, Florida, or, where federal jurisdiction exists, the United States District Court for the Middle District of Florida, Tampa Division, unless applicable law requires a different forum. You and Packet Perfect consent to the personal jurisdiction of those courts to the extent permitted by law.
To the maximum extent permitted by applicable law, you and Packet Perfect agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, coordinated, mass, or representative action or proceeding.
To the maximum extent permitted by applicable law, neither you nor Packet Perfect may seek to have a dispute heard or resolved on a class-wide, collective, consolidated, mass, or representative basis. If applicable law does not permit this waiver to apply to a particular claim or request for relief, the waiver will apply to the fullest extent legally permitted.
These Terms do not require mandatory arbitration. Nothing in this section eliminates any right to use small claims court where the claim and forum are legally eligible.
23. Changes to These Terms
Packet Perfect may update these Terms from time to time to reflect changes in the service, law, business practices, privacy or security requirements, or other legitimate needs.
When Packet Perfect makes a material change to these Terms, Packet Perfect will provide reasonable notice through the service, the account email address, or another appropriate method. The notice may identify the effective date of the updated Terms.
When Packet Perfect determines that a change is sufficiently significant to require renewed agreement, the user may be required to affirmatively accept the updated Terms before continuing to use Packet Perfect. Packet Perfect may record the applicable Terms version and the date and time of acceptance or reacceptance.
Changes will not retroactively alter completed transactions or eliminate rights that applicable law does not permit Packet Perfect to change by contract.
24. General Contract Provisions
24.1 Entire Agreement
These Terms, together with any policies, plan terms, purchase disclosures, or other documents that these Terms expressly incorporate or reference as part of the agreement, constitute the agreement between you and Packet Perfect concerning your use of the service and supersede prior or contemporaneous agreements concerning the same subject matter, except where Packet Perfect expressly agrees otherwise in writing.
24.2 Severability
If a provision of these Terms is found unenforceable or invalid, that provision will be enforced to the maximum extent permitted by law or, when appropriate, severed, and the remaining provisions will remain in effect.
24.3 No Waiver
Packet Perfect’s failure to enforce a provision of these Terms on one occasion does not waive Packet Perfect’s right to enforce that provision or another provision later.
24.4 Assignment and Transfer
You may not assign, transfer, sell, or otherwise convey your Packet Perfect account, subscription, or rights under these Terms to another person without Packet Perfect’s prior written consent. Packet Perfect may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, financing, sale of substantially all relevant assets, or similar legitimate corporate transaction, or as otherwise permitted by law.
24.5 Force Majeure
Packet Perfect will not be responsible for delay or failure to perform caused by events beyond its reasonable control, such as widespread Internet or utility failures, natural disasters, governmental actions, labor disruptions, war or civil disturbance, cyberattacks affecting third-party infrastructure, or material outages of essential third-party services, except to the extent applicable law provides otherwise.
24.6 Electronic Communications and Notices
You agree that Packet Perfect may provide legally permitted notices and service communications electronically, including through the service or to the email address associated with your account. You are responsible for maintaining a current account email address. Optional text-message communications are subject to the permissions and preferences described elsewhere in these Terms and applicable privacy disclosures.
24.7 Headings
Section headings are provided for convenience and do not limit or alter the meaning of these Terms.
24.8 Survival
Provisions that by their nature should remain effective after cancellation, account deletion, suspension, or termination will survive, including applicable provisions concerning permitted use of downloaded materials, intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, disputes, and general contract terms.
25. Contact Information
Packet Perfect, Inc. is a Florida corporation.
For customer support or account assistance, contact: sue@mypacketperfect.com
For legal or Terms-related communications, contact: sue@mypacketperfect.com
For privacy requests or privacy-related questions, contact: sue@mypacketperfect.com
For product feedback, contact: sue@mypacketperfect.com
