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Peakly Terms of Service

Last updated: March 18, 2025

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of Peakly ("the App," "we," "us," or "our"), an energy-tracking and wellness application. By downloading, installing, or using Peakly, you agree to these Terms. If you do not agree, do not use the App.

2. Description of Service

Peakly is a mobile application that helps you:

  • Log sleep and view sleep summaries
  • Create and track habits with optional reminders
  • Chat with an AI assistant about energy, sleep, and habits
  • View progress and energy-related insights

The App is provided "as is" and we may change, suspend, or discontinue features at any time.

3. Eligibility

You must be at least 13 years old to use Peakly. If you are under 18, you should have a parent or guardian review these Terms with you. By using the App, you represent that you meet these requirements and have the right to enter into this agreement.

4. Account Registration and Security

  • You must create an account to use most features, using Sign in with Apple or Sign in with Google.
  • You are responsible for keeping your account credentials secure and for all activity under your account.
  • You must provide accurate information and update it when it changes.
  • You must notify us promptly of any unauthorized use of your account.

5. Subscriptions and Payments

  • Some features require a paid subscription.
  • Subscriptions are billed through the Apple App Store or Google Play Store.
  • Billing is handled by Apple or Google according to their terms. We do not store payment card details.
  • Renewal is automatic unless you cancel before the renewal date.
  • Cancellation is done in your device's subscription settings (e.g., Settings > Apple ID > Subscriptions).
  • Refunds are handled by Apple or Google according to their policies. We do not process refunds directly.
  • Price changes will be communicated in advance. Continued use after a price increase means you accept the new price.

6. Acceptable Use

You agree not to:

  • Use the App for any illegal purpose or in violation of any laws
  • Share your account or credentials with others
  • Attempt to reverse engineer, decompile, or extract source code from the App
  • Use bots, scripts, or automated tools to access the App
  • Interfere with or disrupt the App or its infrastructure
  • Upload content that is harmful, offensive, or infringes others' rights
  • Use the AI features to generate harmful, misleading, or inappropriate content

We may suspend or terminate your account if you violate these Terms.

7. User Content

  • You retain ownership of content you create (e.g., sleep data, habits).
  • By using the App, you grant us a limited license to use, store, and process your content to provide and improve the service, consistent with our Privacy Policy.
  • You are responsible for your content and that it does not violate these Terms or any third-party rights.

8. Health and Wellness Disclaimer

Peakly is not medical advice. The App provides general information about sleep and energy. It does not:

  • Diagnose, treat, or cure any medical condition
  • Replace advice from a doctor or other healthcare provider
  • Guarantee any health or performance outcomes

Always consult a qualified healthcare provider before making changes to your sleep or lifestyle, especially if you have health conditions or take medications.

9. AI-Generated Content

  • Energy insights and AI chat responses are generated by AI and may be inaccurate or incomplete.
  • Do not rely on AI outputs as the sole basis for medical decisions.
  • We do not guarantee the accuracy, completeness, or suitability of AI-generated content.

10. Intellectual Property

  • Peakly, its name, logo, design, and content are owned by us or our licensors.
  • You may not copy, modify, distribute, or create derivative works without our written permission.
  • These Terms do not grant you any rights to our intellectual property beyond using the App as intended.

11. Third-Party Services

The App uses third-party services (e.g., authentication, AI, analytics, payments). Your use of those services is subject to their terms and privacy policies. We are not responsible for third-party services or their practices.

12. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.
  • OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
  • SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Peakly and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content

15. Termination

  • You may stop using the App at any time and delete your account in Settings.
  • We may suspend or terminate your access if you breach these Terms or for other reasons at our discretion.
  • Upon termination, your right to use the App ends. Sections that by their nature should survive (e.g., disclaimers, limitation of liability, indemnification) will remain in effect.

16. Governing Law and Disputes

  • These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.
  • Any dispute arising from these Terms or the App will be resolved in the courts of [Your Jurisdiction].
  • You may have additional rights under consumer protection laws in your jurisdiction.

17. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms in the App or by other reasonable means. Continued use of the App after changes constitutes acceptance of the new Terms. If you do not agree, you must stop using the App and delete your account.

18. General

  • Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Peakly regarding the App.
  • Severability. If any provision is found unenforceable, the rest of the Terms remain in effect.
  • Waiver. Our failure to enforce any right does not waive that right.
  • Assignment. You may not assign these Terms. We may assign them without restriction.

19. Contact Us

For questions about these Terms, contact us at:

  • Email: peaklysupport@gmail.com

These Terms of Service apply to your use of Peakly, an energy-tracking and wellness application.

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