Terms of service

Read our terms below to learn more about your rights and responsibilities as a Peaaaches user.

Updated October 26, 2023

PLEASE READ THESE TERMS CAREFULLY AND BE SURE YOU UNDERSTAND IT FULLY, BECAUSE IT EXPLAINS AND CONTROLS YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF THE SERVICE.

Use of Our Service. The Service provides the consumer ("User") with the ability to create a website. The User can input values into text fields by incorporating their business information (such as opening hours, logos, and colors). By publishing their page under their own domain, Users assume responsibility for their respective websites and are accountable for the content therein. The Service is currently in a beta phase, thus it is likely that at some point, bugs or issues appear. Please report them to us in case you experience some.
1. Eligibility. You are eligible to utilize the Service if you can establish a legally binding agreement with us and adhere to these Terms, as well as all relevant local, state, provincial, national, and international laws, rules, and regulations. Accessing or using the Service by individuals under the age of 13 is strictly forbidden and constitutes a breach of these Terms. The Service is not accessible to Users who have been previously removed from it by Peaaaches.
2. Our Services. In accordance with the provisions outlined in these Terms, you are now provided with a non-exclusive, limited, non-transferable, and revocable privilege to use the Services solely for your personal use, as allowed by the Service's features and these Terms. All rights pertaining to the Services and the Content (as defined below) that are not explicitly granted in this document are reserved by Peaaaches. Peaaaches retains the authority to revoke this privilege at any time, without the need for a specific reason.
3. Your Account. Your account provides you with access to the services and features that we may create, maintain, and adjust from time to time, at our sole discretion. We may offer various types of accounts tailored to different user categories (e.g., Free Accounts, Peaaaches Basic, Peaaaches Pro), each potentially granting access to distinct or supplementary Services and features. You also permit us to securely store your login credentials for that service. It is your responsibility to monitor all activities conducted under your account, and you agree to the following:
   • To store all passwords and usernames securely.
   • To notify us of any unauthorized use or security breach. We will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorized use of your account.
   • To never share login details or account access with anyone, including clients or team members, unless explicitly permitted by additional terms applicable to your account type.
   • To accept responsibility for activity that occurs under your account(s).
   • To never transfer, rent, "sell," or otherwise make your account available to another person.
Notifications and Emails. By providing us with your email address, you grant Peaaaches permission to use this email address for the purpose of sending you Service-related notices, which may include legally required notifications, instead of using traditional postal mail. In accordance with applicable laws, we may also utilize your email address to transmit other types of messages, such as updates regarding Service features and special offers (referred to as "Newsletters"). We may deliver various notifications, whether obligatory under the law or intended for marketing and other business-related objectives, through methods such as email notices, mobile "push" notifications, written notices, hard copies, or by posting such notifications on our website. The selection of notification format and delivery method is at our discretion and complies with relevant laws. Please note that we cannot control any automatic filtering applied by you or your network provider to the email notifications we send to the provided email address. You have the option to manage your email and notification preferences in your account settings. If, at any point, you wish to withdraw your consent for receiving newsletters or other marketing communications, you can unsubscribe by clicking the "Unsubscribe" link at the bottom of such communications or by contacting us at support@peaaaches.com. It's important to be aware that opting out may significantly affect our ability to provide Services to you, and we cannot be held responsible for any consequences resulting from your decision to do so.
Service Rules.You agree not to engage in any of the following prohibited activities:
1. You are not allowed to copy, share, or reveal any part of the Services through any means, whether automated or manual, including techniques like "scraping".
2. You are prohibited from employing automated systems, which may include "robots," "spiders," "offline readers," and similar tools, to interact with the Service in a way that generates a greater volume of request messages to Peaaaches servers than a typical human could generate using a standard online web browser within the same timeframe. This restriction, however, does not apply to operators of public search engines, who are granted temporary permission to use spiders for the specific purpose of copying materials from our websites solely to create publicly available searchable indices of the materials. This permission does not extend to the caching or archiving of such materials.
3. Sending unsolicited promotional emails, chain letters, or spam messages.
4. Trying to disrupt, compromise the integrity or security of the system, or decrypt any data sent to or from the servers running the Services.
5. Taking any action that, as we determine at our sole discretion, places an unreasonable or excessively heavy load on our infrastructure.
6. Uploading invalid data, viruses, worms, or other software agents via the Services, including within any User Content.
7. Gathering or harvesting personally identifiable information, such as account names and email addresses, from the Services.
8. Pretending to be someone else or misrepresenting your affiliation with any individual or entity, engaging in fraudulent activities, or concealing your true identity.
9. Disrupting the normal functioning of the Service.
10. Accessing Service content through any technology or means not provided or authorized by the Service.
11. Circumventing any measures we employ to prevent or restrict access to the Service, including, but not limited to, features that block or limit the use, copying, or access to any content or enforce restrictions on the use of the Service or its content.
User Content.
1. Any such material a User submits, posts, displays, or otherwise makes available on the Service is "User Content".
2. You bear full responsibility for the content of your User Content and any consequences arising from it. This responsibility applies irrespective of whether the User Content includes text, graphics, sound, or any other media format. When you share User Content through the Services, you affirm and guarantee that:
   • If your employer holds intellectual property rights to the content you create, you have obtained either (i) explicit permission from your employer to post or share the User Content, including software, or (ii) a waiver from your employer relinquishing all rights to the User Content.
   • The User Content is devoid of viruses or any other harmful or destructive elements.
   • The User Content is not spam, machine-generated, or randomly created, and it does not include unethical or unwanted commercial material designed to increase traffic to third-party websites, enhance the search engine rankings of third-party sites, engage in unlawful activities (such as phishing), or mislead recipients about the material's source (e.g., spoofing).
   • The Content is not obscene, libelous, defamatory, hateful, racially or ethnically offensive, and it does not violate the privacy or publicity rights of any third party.
User Content License Grant.
1. While you retain all the rights, including copyrights, that you have in your User Content, you hereby provide the following licenses for your User Content:
   • To Peaaaches: By posting any User Content on the Services, you explicitly grant, and you confirm that you possess all the necessary rights to grant, Peaaaches a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license. This license allows Peaaaches to use, reproduce, modify, publish, provide information about, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works from your User Content. This license extends to your name, voice, and likeness as contained within your User Content, in whole or in part, and in any form, medium, or technology, whether currently known or developed in the future. This usage is for the purpose of operating the Services and conducting Peaaaches' business, including, but not limited to, promoting and distributing the Service (and derivative works) through various media formats and channels. Peaaaches may, at its discretion, attribute you as the owner of such User Content in its marketing or other communications.
   • To Others: You also grant everyone a non-exclusive license to access your User Content in the web, as allowed by the Service's functionality and in accordance with these Terms.
Feedback. You can opt to submit comments or suggestions about the Services, including potential improvements, and we might also invite your input ("Ideas"). By sharing an Idea, you acknowledge that your disclosure is voluntary and unconditional, and it does not establish any fiduciary or other obligations for Peaaaches. We have the freedom to utilize the Idea without attributing it to you or providing additional compensation, and we may choose to disclose the Idea without keeping it confidential. You also understand that by accepting your submission, Peaaaches does not relinquish its rights to use similar or related ideas that were already known to Peaaaches, created by its employees, or acquired from sources other than you.
Fees and Renewals. The pricing details for specific accounts, including paid accounts on Peaaaches Basic and Peaaaches Pro accounts (referred to as "Paid Accounts"), will be presented at the time of purchase. Unless otherwise specified during the purchase or as agreed upon by Peaaaches, fees for a Paid Account will be charged in advance for each subscription period mentioned in the Paid Account's description (referred to as the "Subscription Period"), and they are non-refundable. No refunds or credits will be granted for partial service months or periods during which your Paid Account remains active but the associated Services are not utilized.

We retain the right to adjust our billing rates with a thirty (30) days' notice by posting the fee changes to the Services or notifying you through email. You will be responsible for paying the modified billing rates.

Upon payment of the relevant fees for a Paid Account, we will provide the Services to you for the duration of the Subscription Period you have paid for. At the end of the Subscription Period, your Paid Account subscription will automatically renew for an additional Subscription Period unless you explicitly cancel it, as described in the "Termination" section below. If you purchase any fee-based Service, including Paid Accounts, you consent to our third-party payment gateways, such as Stripe and Paypal, storing your credit or charge card details. You expressly authorize us to charge: (i) a fee for any subscribed Services, billed based on the Subscription Period, (ii) any other fees for the Services you purchase, (iii) any applicable taxes related to your use of the Services to the credit or charge card you provide. You also agree to reimburse us for all collection costs and interest on overdue amounts. If the credit or charge card you provide expires and you do not provide updated information or cancel your Account, you authorize us to continue billing you, and you agree to be responsible for any outstanding fees.
Fees and Paid Services.
1. Billing Policies. Certain elements of the Services may involve fees or charges, such as Paid Accounts. If you choose to use the paid features of the Services, you agree to adhere to the pricing and payment terms as posted by us, which we may update at our discretion. We reserve the right to cancel subscriptions without prior notice if we encounter issues processing payments through the provided payment method.
2. Account Cancellation. You have the option to cancel your account at any time. However, please be aware that account cancellations do not qualify for refunds. In the event that Peaaaches suspends or terminates your account or these Terms for any reason, you acknowledge and accept that you will not receive refunds or exchanges for subscription fees, content, data associated with your account, or any other items.
3. Refund Policy. You acknowledge that all refund decisions are entirely at the discretion of Peaaaches. Peaaaches is not obliged to issue refunds for subscription fees.
Payment Information and Taxes. You are responsible for ensuring that all information you provide during a purchase, transaction, or any monetary interaction with the Service is accurate, thorough, and up-to-date. You also agree to cover all expenses accrued by users of your credit card, debit card, or any other payment method used in connection with these interactions at the prevailing prices at the time of the charges. Additionally, you bear full responsibility for all applicable taxes and fees related to the Services, including any sales tax associated with the purchase or sale of goods or services under these Terms.
Consent and Collection and Use of Data.
1. Consents. We prioritize the privacy of our Users. Please refer to our Privacy Policy. By using the Services, you acknowledge that you consent to the collection, usage, and disclosure of your personal information in accordance with the guidelines outlined in our Privacy Policy. You also recognize that it is your responsibility to secure all necessary consents and adhere to relevant laws, including privacy and data protection regulations, regarding personal information provided to us as part of your Service use.
2. Third Party Services. Please be aware that third parties, including social media platforms and other company websites that we link to online or through our web platforms and applications, manage their privacy practices independently. We recommend reviewing the privacy policies, supplemental notices, and settings of all websites or platforms you visit to gain an understanding of their privacy practices and the choices available to you.
3. Sensitive Personal Information. You agree to exclusively furnish tax and payment information within the designated areas of our website designed for collecting such data. You pledge not to provide any other forms of Sensitive Personal Information. You understand that any data storage features within the Services are not intended for the retention of medical information, health insurance data, sensitive personal characteristics, or other personal data that may pose potential harm if improperly disclosed, collectively referred to as "Sensitive Personal Information." You commit to uploading or submitting Sensitive Personal Information to us in connection with the Service only if it is required for billing, payments, or tax purposes. You acknowledge that we bear no responsibility or liability for any Sensitive Personal Information processed, transmitted, disclosed, or stored in connection with the Service.
Security. Peaaaches places a high priority on the security and confidentiality of your personal information. Nevertheless, we cannot guarantee that unauthorized third parties will never find ways to circumvent our security measures or misuse your personal information. You understand and accept that when you provide your User Content and personal information, you do so at your own risk. You are entirely responsible for all interactions involving the Services that relate to your registration information, which includes, but is not limited to, all purchases. In case of any unauthorized use of your registration information or any security breach concerning your account or the Services, it is your responsibility to promptly inform us and ensure that you log out of your account (if applicable) at the conclusion of each session. Please refer to Section 1 ("Use of our Service") for specific guidelines on managing accounts. We shall not be held liable for any loss or damage resulting from your failure to adhere to these responsibilities. If you access the Service using a third-party social networking platform account, we recommend that you review the privacy and data usage policies of that platform to gain a better understanding of its practices regarding personal information and the options available to you. These policies may differ from those outlined in our Privacy Policy and these Terms.
Storage Practices and Limits. The Services offer limited storage space for User Content. While we will make what we consider to be reasonable efforts to protect and back up User Content and to provide access to User Content in the event of loss or deletion, we cannot be held responsible for the deletion, storage failures, or the security of User Content or Assets. We retain the right to designate or categorize accounts, User Content, or Assets as "inactive" and to archive them if they remain inactive for an extended period, as determined solely by us. We also reserve the right to modify our storage practices and rules at our discretion, with or without prior notice to you.
Third-Party Links and Content. The Services may feature third-party content. Additionally, there may be links to third-party websites, advertisements, services, special offers, or other events or activities that are not owned or under the control of Peaaaches. It's important to note that Peaaaches does not endorse or assume responsibility for any of these third-party sites, information, materials, products, content, or services. If you choose to access a third-party website from the Services, you do so at your own risk, and you should be aware that these Terms and the Privacy Policy do not apply to your use of such external sites. You explicitly release Peaaaches from any liability arising from your interaction with any third-party website, service, or content. Furthermore, any transactions, promotions, or interactions with third parties that you encounter on the Services and any additional terms (e.g., warranties), are solely between you and those third parties. You agree that Peaaaches is not accountable for any type of loss or damage related to your dealings with these third parties.
Idemnity. You agree to defend, indemnify, and hold harmless Peaaaches and its associated companies, employees, contractors, agents, officers, and directors (collectively referred to as "Our Parties"), at your own cost and to the broadest extent allowed by law. This means that, if requested by us, you will protect us from and reimburse us for any claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including reasonable attorney's fees) incurred by Our Parties as a result of any claim or legal action ("Claim") arising from or connected to:


1. Your use of and access to the Services, including any data or content you transmit or receive.
2. Your violation of any term within these Terms or any Policies (defined below), including any breach of the representations and warranties contained in them.
3. Your infringement of any third-party rights, such as privacy rights or Intellectual Property Rights.
4. Your violation of any applicable law, regulation, or rule.
5. Any claims or damages that arise due to your User Content or content submitted through your account.
6. Any other party's use of the Services with your unique username, password, or other security code.
7. Any claims or damages that arise due to your User Content or content submitted through your account.


If we ask you to defend against a Claim, you will not agree to any settlement without our prior written consent. We also reserve the right to participate, at our own expense, in the defense of any Claim with legal counsel of our choice. "Policies" collectively refer to the License Terms, Affiliate Terms, Shop Terms, Privacy Policy, and all other terms that are integrated into these Terms through reference.
DISCLAIMER OF WARRANTIES. The Services are provided on an "as is" and "as available" basis. You recognize that you use the Services at your own risk. To the maximum extent permitted by applicable law, the Services are offered without any warranties, whether explicit or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, or non-infringement. Without limiting the above, Peaaaches, its subsidiaries, and its licensors do not guarantee that the content is accurate, reliable, or error-free. They do not guarantee that the Services will meet your requirements, be available at any specific time or location, operate without interruptions or security breaches, or be free of defects, errors, viruses, or other harmful components. Any content you download or obtain through the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or any loss of data resulting from such downloads or your use of the Services. Peaaaches does not warrant, endorse, guarantee, or assume responsibility for any User Content, Asset, product, or service advertised or offered by a third party through the Services or any hyperlinked website or service. Peaaaches will not be a party to or oversee any transactions between you and third-party providers of products or services, including but not limited to transactions between you and third parties.
DISCLAIMER OF DAMAGES. To the fullest extent allowed by applicable law and without regard to any failure of essential purpose in any limited remedy or limitation of liability, Our Parties will not be liable for special, indirect, consequential, or similar damages of any kind (regardless of the theory of liability, whether based on contract, tort, including negligence, or otherwise). This includes, but is not limited to, damages such as loss of profits, revenue, data, use, business interruption, the cost of obtaining substitute goods or services, or other similar commercial or economic losses, even if the possibility of such damages has been advised. Furthermore, Our Parties will not be liable for damages resulting from a force majeure event or the actions of a third party. To the maximum extent allowed by applicable law, Our Parties bear no liability or responsibility for the following:
1. Errors, mistakes, typographical errors, or inaccuracies in content.
2. Personal injury or property damage, regardless of nature, arising from your access to or use of our Services.
3. Unauthorized access to or use of our secure servers and any personal information stored within.
4. Interruption or discontinuation of data transmission to or from the Service.
5. Bugs, viruses, trojan horses, or similar harmful elements transmitted through our Service by any third party.
6. Errors or omissions in any content, or any loss or damage resulting from the use of content posted, emailed, transmitted, or made available through the Services, including User Content.
7. Defamatory, offensive, or illegal conduct of any third party.
LIMITATION OF LIABILITY. The total cumulative collective liability of Our Parties for all costs, losses, or damages arising from or in connection with the Service, regardless of the cause or origin of the claim, will not exceed the greater of (A) one hundred dollars ($100), or (B) the total amounts paid or owed by you, if any, for accessing or using the Services that gave rise to the claim during the six (6) months immediately preceding the claim, irrespective of when the payments were made. This limitation of liability is intended to apply to the maximum extent permitted by the applicable jurisdiction's laws and does not require you to waive any non-waivable rights granted to you by law.

Please note that in some jurisdictions, the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages may not be applicable to you. These Terms grant you specific legal rights, and you may have other rights that vary depending on your jurisdiction. The disclaimers, exclusions, and limitations of liability in these Terms will not apply to the extent prohibited by applicable law.

The Services are operated and controlled from facilities located in Canada and the United States. Peaaaches does not assert that the Services are suitable or available for use in other regions. Users who access or use the Services from different jurisdictions do so at their own discretion and are solely responsible for complying with all relevant laws and regulations, which includes export and import regulations, as well as laws governing data protection and the transfer of personal identifiable information. You are not permitted to use the Services if you are a resident of a country under embargo by Canada or the United States, or if you are a foreign individual or entity that has been blocked or denied access by the Canadian or United States government.
Governing Law and Jurisdiction. Subject to the other terms and conditions of these Terms, you agree that any action at law or in equity arising out of or relating to these Terms that is not subject to arbitration shall be governed by and construed in accordance with Austrian law, with its base in Vienna. The laws of Austria will govern without reference to the conflicts-of-laws rules thereof. The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act will not apply to (and are excluded from the laws governing) these Terms. In addition, you agree that any claim, action, or dispute arising under or relating to these Terms that is not covered by the arbitration provisions above will be brought exclusively in (and the parties will be subject to the exclusive jurisdiction of) the Superior Court of Vienna, Austria. Nothing in the foregoing will prevent us from bringing an action for infringement of Intellectual Property Rights in any country where such infringement is alleged to occur.
Relationship. The parties' relationship to each other under these Terms is strictly that of independent contractors, and these Terms will not, in any way, be construed as evidence of an intent to establish an association, partnership, joint venture, or any other such relationship. Each party will be responsible for covering their respective costs and expenses in the performance of their duties under these Terms, unless expressly provided otherwise herein.If, for any reason, a court of competent jurisdiction deems any provision of these Terms or any portion thereof to be unenforceable, that provision will be enforced to the maximum extent allowable to fulfill the intent of these Terms, and the remaining provisions will remain in full force and effect. The section headings used in these Terms are for convenience only and will not carry any substantive legal weight. In cases of inconsistencies between the English language version of these Terms and any translations, the English version is legally binding. If you access the Service in Canada, you agree to the following: The parties confirm their preference for these Terms and related documents, including notices, to be composed exclusively in the English language. Except as expressly provided herein, a party may waive its rights under these Terms only through a written document executed by both parties. The failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision herein. You may not assign or delegate these Terms or any of your rights or obligations under them. Any unauthorized assignment will be considered null and void. You acknowledge and agree that we may assign or subcontract any of our rights or obligations under these Terms.
Entire Agreement. These Terms, including but not limited to the Policies and License, along with all other terms referenced herein, constitute the entire agreement between you and us regarding the subject matter discussed and override all prior or concurrent communications and proposals, whether transmitted electronically, orally, or in writing, between you and us concerning the Services. In cases of conflict or inconsistency between the terms and conditions of these Terms and any third-party software license agreement or service level agreement linked to the Services, the terms and conditions of these Terms will take precedence, except where the Privacy Policy expressly supersedes these Terms.
Changes or Updates to these Terms. We may, at our discretion, revise and update these Terms periodically. It is your responsibility to regularly review these Terms to stay informed about such updates. Unless otherwise specified, all changes become effective immediately upon posting. Your continued use of the Service after the effective date will constitute your acceptance of the updates. However, any changes to these Terms will not apply to any dispute between you and us that arose before the date when we posted the revised version of these Terms incorporating the changes or otherwise informed you of such modifications.
Contact. For any inquiries about the Services, you can contact us via email. If you have questions about these Terms, the Service, your account, or billing matters, please reach out to us via email at support@peaaaches.com.