Peachly AI User Contract
This SAAS contract (“Agreement”) is entered into between Peachly AI (“Peachly”) and the customer (“Customer”) who agrees to use Peachly’s AI advertising solution (“Service”). By using the Service, Customer agrees to be bound by the terms of this Agreement.
1.1 “Service” means Peachly’s AI advertising solution.
1.2 “Customer” means the entity or individual who subscribes to the Service.
1.3 “Free Trial” means the initial period during which Customer may use the Service free of charge.
1.4 “Billing Commencement” means the date when Peachly will begin billing Customer for the Service.
SAAS services or a grant of license
2.1 Grant of License. Peachly grants Customer a non-exclusive, non-transferable, limited license to use the Service during the Free Trial period.
2.2 Free Trial. Customer may use the Service free of charge during the Free Trial period.
2.3 Billing Commencement. After the Free Trial has started, Customer is automatically opted into the Service. Billing for the Service will commence 7 days after the start of the Free Trial period, which is non-refundable but can be exchanged for allocated additional time to use the software.
3.1 Customer agrees to use the Service only for lawful purposes and in accordance with the terms of this Agreement.
3.2 Customer is responsible for maintaining the confidentiality of its login credentials and for any activities that occur under its account.
3.3 Customer agrees to provide accurate and complete information to Peachly and to promptly update its account information if necessary.
4.1 Pricing. Customer agrees to pay the fees specified by Peachly for the Service.
4.2 Payment Method. Customer will provide Peachly with a valid payment method.
4.3 Automatic Renewal. The Service will automatically renew for successive periods, unless Customer cancels the Service.
4.4 Taxes. Customer is responsible for paying all applicable taxes related to its use of the Service.
Term and Termination
5.1 Term. This Agreement will commence on the date that Customer begins using the Service and will continue until terminated by either party.
5.2 Termination. Either party may terminate this Agreement at any time for any reason.
5.3 Effect of Termination. Upon termination of this Agreement, Customer’s right to use the Service will immediately terminate.
6.1 Disclaimer. Peachly makes no warranties or representations regarding the Service, and Customer agrees to use the Service at its own risk.
6.2 Limitation. Peachly’s liability is limited to the amount paid by Customer for the Service.
Limitations of Liability
7.1 Exclusion of Damages. In no event shall either party be liable for any special, indirect, incidental, or consequential damages arising out of or in connection with this Agreement.
7.2 Total Liability. In no event shall either party’s liability exceed the total amount paid by Customer to Peachly under this Agreement.
8.1 Customer agrees to indemnify, defend, and hold Peachly harmless from any and all claims, damages, and expenses arising out of or in connection with Customer’s use of the Service.
9.1 Confidential Information. Each party agrees to keep the other party’s confidential information confidential and to use it only for the purposes of this Agreement.
9.2 Exceptions. This obligation of confidentiality does not apply to information that is in the public domain or that the receiving party already knew prior to receiving it from the disclosing party.
Other General Provisions
10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state where Peachly is headquartered.
10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, negotiations, representations, and understandings, whether oral or written.
10.3 Assignment. Customer may not assign this Agreement or its rights or obligations hereunder without the prior written consent of Peachly.
10.4 Notices. All notices, requests, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered or when mailed by registered or certified mail, return receipt requested, postage prepaid, to the parties at their respective addresses set forth herein.
10.5 Force Majeure. Neither party shall be liable for any delay or failure in performance under this Agreement resulting from acts beyond its reasonable control, including without limitation acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
10.6 No Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
10.7 Headings. The headings in this Agreement are for convenience only and shall not affect its interpretation.
10.8 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
By using Peachly’s AI advertising solution, Customer agrees to be bound by the terms of this Agreement. If there are any questions about this Agreement, please contact Peachly’s customer support team for assistance.