Terms and Conditions
Welcome to Peabj’s Terms and Conditions of Use (these “Terms”). This is a contract between you and Peabj Inc and we want you to know yours and our rights before you use the Peabj application (“Peabj” or the “App”). Please take a few moments to read these Terms before you start enjoying the App, because once you access, create a profile, or use the App, you are going to be legally bound by these Terms. Hence, we highly recommend you to thoroughly review Peabj’s Terms and Conditions of Use.
By accessing or using our Services, Peabj mobile application or any other platforms or services of Peabj may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration.
We reserve to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
Before you create a profile (“Profile”) on Peabj, make sure you are eligible to use our Services. This section also details what you can and can’t do when using our Services, as well as the rights you grant to Peabj.
You are not authorized to create a Profile or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your profile, and we retain the right to remove your access to our services without warning.
You agree to:
You agree that you will not:
The license granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above.
Prohibited Content—Peabj prohibits uploading or sharing content that:
3. Third-Party Services
Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for third party products.
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (a) content that you upload or provide while using our Services (“Your Content”); (b) content that other users upload or provide while using our Services (“Member Content”); and (c) content that Peabj provides on and through our Services (“Our Content”). In this agreement, “content” includes, without limitation, all text, images, or other material on our Services, including information on users’ profiles and in direct messages between users.
4.1 Your Content
You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your profile information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/ debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.
4.2 Member Content
While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and, unless expressly authorized by Peabj, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Profile if you misuse Member Content.
4.3 Our Content
Peabj owns all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 4 below, and we reserve all other rights.
5. Paid Features
We grant you a limited license to access and use Our Content as provided under Section 5 below, and we reserve all other rights.
Subscriptions and Auto-Renewal
Peabj offers some services as automatically renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). If you purchase an automatically renewing subscription, your subscription will renew at the end of the period, unless you cancel, at Peabj’s then-current price for such subscription. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Peabj changes these prices and you do not cancel your subscription, you agree that you will be charged at Peabj’s then-current pricing for subscription.
If you purchased a subscription through a Third Party Store, such as the Apple App Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription.
If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial on Peabj through the Apple Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.
6. Inappropriate Consent and Misconduct; Reporting
We are committed to maintaining a positive and respectful Peabj community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by third parties). We encourage you to report any inappropriate Member Content or misconduct by other users. You can block a user directly by tapping the in the top right of any message and selecting “Block”.
We may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms. You understand and agree that we may not share information with you regarding your Profile if doing so would potentially impair the safety or privacy of our other users.
You understand and agree that we may not share information with you regarding your Profile if doing so would potentially impair the safety or privacy of our other users.
7. Rights You Are Granted by Peabj
Peabj grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, Peabj grants you a personal, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Peabj and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
8. Rights Your Grant Peabj
You own all of the content you provide to Peabj, but you also grant us the right to use Your Content as provided in this Agreement.
By creating a profile, you grant to Peabj a perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Peabj’s license to Your Content shall be non-exclusive, except that Peabj’s license shall be exclusive with respect to derivative works created through use of our Services.
In consideration for Peabj allowing you to use our Services, you agree that we and/or our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Peabj regarding our Services, you agree that Peabj may use and share such feedback for any purpose without compensating you.
You agree that Peabj may access, preserve, and disclose your profile information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Company or any other person.
9. Profile Termination
If you no longer wish to use our Services, or if we terminate your profile for any reason, here’s what you need to know.
You can delete your profile at any time by logging into the App, going to the “Settings” tab, and selecting “Account” (the gear icon), and following the instructions to terminate your profile.
10. No Criminal Background and Identity Verification Checks
Peabj does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others.
You understand that Peabj does not conduct criminal background or identity verification checks on its users or otherwise inquire into the background of its users, Peabj makes no representations or warranties as to the conduct, identity, intentions, legitimacy or veracity of users. Peabj reserves the right to conduct and you authorize Peabj to conduct any criminal background check or other screenings (such as sex offender register searches) at any time using available public records and you agree that any information you provide may be used for that purpose.
You are solely responsible for your interactions with other users. Sex offender screenings and other tools do not guarantee your safety. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people.
Though Peabj strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
Peabj’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.
Peabj provides our services on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to our services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.
Peabj does not represent or warrant that (a) our services will be uninterrupted, secure, or error free, (b) any defects or errors in our services will be discovered or corrected, or (c) that any content or information you obtain on or through our services will be accurate or appropriate for your purposes. Furthermore, Peabj makes no guarantees as to the number of active users at any time; users’ ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by users you meet through the services.
Peabj assumes no responsibility for any content that you or another user or third party posts, sends, or receives through our services; nor does Peabj assume responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate with through Peabj. Any material downloaded or otherwise obtained through the use of our Services is accessed at your own discretion and risk. Peabj is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, hacking, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other disruption or malfunction.
12. Limitation of Liability
Peabj’s liability is limited to the maximum extent allowed by applicable law.
To the fullest extent permitted by applicable law, in no event will Peabj, its affiliates, employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special, punitive, fixed, or enhanced damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services, (b) the conduct or content of any users or third parties on or through any of our affiliates’ services or in connection with the services; or (c) unauthorized access, use, or alteration of your content, even if Peabj has been advised of the possibility of such damages. To the fullest extent permitted by applicable law, in no event will Peabj’s aggregate liability to you for all claims relating to the services, if any, by you to Peabj for the services during the twenty-four (24) month period immediately preceding the date that you first file a lawsuit, arbitration or any other legal proceeding against Peabj, whether statutory, in law or in equity, in any tribunal. The damages limitation set forth in the immediately preceding sentence applies (a) regardless of the ground upon which liability is based (whether default, contract, tort, statute, or otherwise), (b) irrespective of the type of breach of rights, privileges, or obligations, and (c) with respect to all events, the service, and this agreement.
The limitation of liability provisions set forth in this section shall apply even if your remedies under this agreement fail with respect to their essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
13. Dispute Resolution
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.
13.1 Informal Dispute Resolution Process
If you are dissatisfied with our Services for any reason, please contact Peabj Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Peabj, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 13.1, “Peabj” shall include our affiliates, employees, licensors, and service providers.
Peabj values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice to our Cutomer Service form. If Peabj has a Dispute with you, Peabj agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your profile. Your Notice must contain all of the following information: (a) your full name; (b) information that enables Peabj to identify your profile, including a picture or screenshot of your profile, your address, mobile phone number, and email address you used to register your profile if any; and (c) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any).
Peabj’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Peabj agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if Peabj requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss Peabj’s Dispute with you, Peabj agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Peabj may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Peabj engage in this informal dispute resolution process.
13.2 Individual Relief: Class Action and Jury Trial Waiver
To the fullest extent allowable by law, you and Peabj each waive the right to a jury trial and the right to litigate disputes in court in favor of individual arbitration (except for small claims court as provided above). You and Peabj each waive the right to file or participate in a class action against the other or otherwise to seek relief on a class basis, including any currently pending actions against Peabj. To the fullest extent allowable by law, there shall be no right or authority for any claims to be arbitrated or litigated on a class, collective, representative, consolidated, or private attorney general basis.
The arbitrator can award the same relief available in court provided that the arbitrator may only award final relief (including injunctive or declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide final relief warranted by that individual party’s claim. The arbitrator may not award final relief for, against, or on behalf of anyone who is not a party to the arbitration on a class, collective, representative, or private attorney general basis. If a court determines that any of these prohibitions in this paragraph are unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), and all appeals of that decision are exhausted or the decision is otherwise final, then you and Peabj agree that that particular claim or request for relief shall proceed in court but shall be stayed pending individual arbitration of the remaining claims for relief that you have brought. If this specific paragraph is found to be unenforceable, then the entirety of this arbitration provision (except for the jury trial waiver and the informal dispute resolution process) shall be null and void. This paragraph is an essential part of this arbitration agreement.
12.3 Dispute Resolution Through Arbitration or Small Claims Court
Any dispute, claim, or controversy between you and Peabj (that is not resolved informally by Peabj Customer Service or as provided under subsection 11 above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or Peabj may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Peabj challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to Peabj’s other contracting parties.
In the event Dispute Resolution Section 12 is for any reason held to be unenforceable, any litigation against Peabj (except for small claims court actions) may be commenced only in the federal or state courts located in Hillsborough County, Florida. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.
14. Termination and Remedies
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
If you want to terminate these Terms, you may do so by (a) notifying Peabj at any time thorugh Customer Service form, and (b) closing your Profile.
Peabj may terminate or suspend these Terms, including your Profile, if you breach these Terms or if Peabj is required to do so by applicable law. You agree that all terminations for cause shall be made in Peabj’s sole discretion and that Peabj shall not be liable to you or any third party for any termination of your Profile.
In the event that Peabj determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conducted inappropriate for the App, Peabj reserves the right to: (a) warn you via email (to any email addresses you have provided to Peabj) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Profile; (d) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) pursue to any other action which Peabj deems to be appropriate.
Termination of these Terms or your Profile includes the removal of access to your Profile, and all related information and content associated with or inside your Profile.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.
There are a few more things we need to mention before you can use Peabj.
These Terms, which we may amend from time to time, constitute the entire agreement between you and the Peabj.
The communications between you and Peabj may take place via electronic means, whether you use the App or send Peabj emails, or whether Peabj posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Peabj in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Peabj provides to you electronically satisfy if it were to be in writing.
The Terms were last updated on: April 26th, 2023.