Introduction
This SAAS contract (“Agreement”) is entered into between Peachly AI-Part of Wolf Consulting LLC (“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.
Definitions
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.
Customer Responsibilities
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.
Payment
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.
Warranties
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.
Indemnification
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.
Confidentiality
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.
Refund Policy
11.1 We follow a reliable refund policy to let our customers feel privileged about their association with us. Please read the guidelines governing the refund policy.
- If you wish to cancel your account, notify us at least 15 days before the end of your term (via an email to [email protected] ). Upon cancellation, your data is deleted from our servers. Since the deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- Your subscription gets renewed automatically at the end of each billing period
- Please note that our monthly payment plan is divided into four weekly installments for your convenience. If you choose to cancel your account before the end of the monthly period, you will be charged automatically for the remaining weeks of that period.
- You can upgrade or downgrade the level of our services at any time of your usage, however, Peachly AI does not refund any fees in that case
- If you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term
- We reserve the right to modify or terminate the Peachly AI service(s) for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Peachly AI may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance, or investigation, or otherwise, forcefully removed our branding) have engaged in fraudulent activity in connection with the services offered by us.
- Note: No refunds are offered, even if a plan is canceled mid-month.
- We offer a full refund up to 24 hours after your purchase.
2-Day No Obligation Cancellation/Free Trial
Peachly AI offers SaaS service to companies under a 2-day no obligation cancellation policy. The no-obligation cancellation begins immediately upon account activation. The 2-day no-obligation cancellation period only applies to new customers and does not apply to existing customers that have a subscription plan. Peachly AI will also not honor a free trial period for customers who were once paying subscribers, canceled, and then decided to re-instate their subscription to Peachly AI.
At any time during the 2-day, the potential subscriber (customers) can cancel their account and will be refunded in full with a minor service charge.
**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.
In order to continue using SaaS after the 2-day no-obligation cancellation period, you will automatically be put to continue to your selected payment plan which you selected initially at the time of buying from a range of selections of monthly or receiving a discount by paying for half yearly or full year of service.
After a 7-day period, users are automatically billed as indicated in Stripe checkout process.
Weekly/Monthly Billing, Cancellation, and Refund Policies
Peachly AI charges and collects in advance for use of the SaaS service. All services rendered are non-refundable. Once a customer selects a subscription plan and provides billing information, Peachly AI will calculate a pro-rated amount with the first payment due on signing. Our company employs a weekly billing system in order to offer our customers a convenient and adaptable payment alternative. It should be noted, however, that our billing cycle is structured on a monthly basis and cannot be terminated prematurely during said cycle.
All subscriptions weekly ,monthly, quarterly, and yearly renew automatically on their due renewal date according to the date of purchase until officially canceled in writing. Customers may cancel anytime by emailing a notice to: [email protected]
Customers will receive an email from Peachly AI confirming that their subscription to the SaaS service has been canceled.
Important: No refunds or credits for partial weeks, months, quarters, or years of service will be refunded to a customer upon cancellation.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the customer is responsible for payments of all such taxes, levies, or duties.
The fees that Peachly AI charges for the weekly, monthly, quarterly, or yearly services exclude phone, and Internet access charges, as well as other data transmission charges. Any currency exchange settlements are based on the customer’s agreement with the payment method provider. To be clear: these charges are the customer’s responsibility.
Customers have the ability to upgrade or downgrade their subscription plan for the SaaS services at any time. For any kind of upgrade or downgrade in subscription, the customer has to write to [email protected]
The chosen method of billing will automatically be charged the new subscription rate on the next billing cycle.
With regards to downgrades on a subscription, Peachly AI does not issue refunds or credits for partial months of service.
Peachly AI reserves the right to refuse/cancel a subscription to any of the SaaS services bought from Peachly AI, If Peachly AI refuses a new or renewing subscription/membership, registrants will be offered a refund on a pro-rata basis of pending days in subscription plan bought with an additional cancellation charge of $4.99.
These above policies apply to all the SaaS services listed on Peachly AI unless otherwise noted in the corresponding program materials.
Upon subscribing to the Free Trial and agreeing to the aforementioned terms of refund, customers are automatically enrolled in the program.
Conclusions
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.