PEACHLY AI CUSTOMER AGREEMENT
This Customer Agreement (“Agreement”) is between you (“Customer”) and Peachly AI (“Peachly AI”), a provider of AI-powered advertising services (“Services”).
SERVICES
Peachly AI shall provide Customer with access to its Services for use in accordance with the terms and conditions of this Agreement. The Services are for Customer’s internal business use only and not for resale or transfer to any other person or entity.
FREE TRIAL
Customer may sign up for a free trial of the Services for a period of 7 days. At the end of the trial period, if Customer does not cancel the Services, the non-refundable weekly charge for the Services shall commence. By signing up for the free trial, Customer agrees to the terms of this Agreement and authorizes Peachly AI to automatically charge the weekly fee upon the end of the free trial.
FEES
Customer shall pay Peachly AI the non-refundable weekly fee for the Services, as set forth on the Peachly AI website, using the payment method provided by Customer at the time of sign up. Peachly AI may modify the fees at any time upon notice to Customer.
TERM AND TERMINATION
This Agreement shall remain in effect until terminated by either party. Either party may terminate this Agreement at any time with notice to the other party. Peachly AI may also terminate this Agreement immediately if Customer breaches any term or condition of this Agreement. Upon termination, Customer shall immediately cease all use of the Services.
INTELLECTUAL PROPERTY
Peachly AI retains all right, title, and interest in and to the Services and any associated software, data, documentation, and other materials, including all intellectual property rights.
WARRANTIES AND DISCLAIMERS
Peachly AI warrants that the Services will be provided in a professional and workmanlike manner. Peachly AI does not warrant that the Services will be uninterrupted or error-free. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PEACHLY AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES, EVEN IF PEACHLY AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Peachly AI is located. Any disputes arising out of or in connection with this Agreement shall be resolved by the courts located in that jurisdiction.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications and agreements.
Sure, I can help draft a simple example of a clause that requires confirmation for cancellation in a Terms of Service document. Please note, however, that this is a very simplified example and does not cover all possible legal implications. It is crucial that you consult with a legal professional when drafting or revising your actual Terms of Service.
**Cancellation Policy**
1. **Request for Cancellation:** Users may request cancellation of their accounts at any time by contacting our Customer Service team via email at [email protected].
2. **Confirmation of Cancellation:** Upon receipt of a cancellation request, we will send a confirmation request to the email address associated with your account. This is to ensure that the cancellation request was made by the account holder and to confirm that you understand the consequences of account cancellation. Your account will not be cancelled until we receive your confirmation of the cancellation request.
3. **Failure to Confirm Cancellation:** If we do not receive a confirmation of the cancellation request within 24 hours of sending the confirmation request, your account will remain active, and any associated fees or charges will continue to apply.
4. **Finalizing Cancellation:** Once we have received your confirmation of the cancellation request, we will process the cancellation within 7 days. You will receive a final email confirming that your account has been canceled.
5. **Post Cancellation:** Following cancellation, you will no longer have access to any data, information, or files associated with your account, and we will not be able to restore your account.
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By creating a free trial account and subscribing to the Services, Customer acknowledges and agrees to the terms of this Agreement.