1. Introduction
Last Updated: January 1st, 2025
Welcome to Peach! These Terms of Service ("Terms") constitute a legally binding agreement between you and Peach ("Peach," "we," "us," or "our"). These Terms govern your access to and use of the Peach website (the "Website"), the Peach mobile application (the "App"), and any other content, functionality, or services offered by Peach (collectively referred to as the "Services").
By accessing or using the Services, you affirm that you are at least 18 years old and agree to be bound by these Terms. If you do not agree to these Terms or are under 18 years of age, you must not access or use the Services.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the "Last Updated" date at the beginning of these Terms.
2. Acceptance of Terms
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
You accept these Terms:
a) When you click to accept or agree to the Terms, where this option is made available to you by Peach in the user interface for any Service; or
b) By actually using the Services. In this case, you understand and agree that Peach will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Peach or if you are a person barred from receiving the Services under the laws of the United States or other countries.
3. Description of Services
Peach provides a platform for users to engage in conversations with artificial intelligence companions ("AI Companions") and generate AI images. Our Services include, but are not limited to:
a) Access to various AI Companions for conversation and interaction
b) The ability to customize and create AI Companions
c) AI-generated image creation
d) Storage of conversation history (subject to our data retention policies)
e) Any additional features or services that we may introduce from time to time
3.1. Nature of AI Conversations: The conversations with AI Companions are generated by artificial intelligence and do not represent real individuals or entities. The responses are based on patterns in data and may not always be accurate, appropriate, or up-to-date.
3.2. No Liability for Content: Peach does not control, endorse, or take responsibility for any content generated by AI Companions or submitted by users. We expressly disclaim any and all liability in connection with such content.
3.3. Not a Substitute for Professional Advice: Our Services are for entertainment and general informational purposes only. They are not intended to provide professional, medical, legal, financial, or any other form of expert advice.
3.4. Age Restrictions: The Services are strictly for users who are 18 years of age or older. We do not knowingly provide services to or collect information from anyone under 18.
4. User Registration and Account Security
4.1. Account Creation: To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process.
4.2. Age Requirement: By creating an account, you represent and warrant that you are at least 18 years old.
4.3. Account Responsibilities: You are responsible for maintaining the confidentiality of your account and password, restricting access to your device, and all activities that occur under your account.
4.4. Account Security: You agree to use strong, unique passwords and enable two-factor authentication if offered. Log out of your account after using shared or public computers.
5. User Conduct and Content
5.1. Prohibited Activities: You agree not to engage in any of the following:
- Violating any applicable law or these Terms
- Impersonating any person or entity
- Interfering with or disrupting the Services
- Attempting to gain unauthorized access
- Harassing, bullying, or stalking other users
- Promoting illegal activities
- Transmitting viruses or malicious code
- Reverse engineering the Services
5.2. User-Generated Content: You retain ownership of your content, but you grant Peach a worldwide, royalty-free, sublicensable license to use, reproduce, and display your content in connection with the Services.
5.3. Content Restrictions: You agree not to submit content that is unlawful, harmful, threatening, defamatory, obscene, or infringes on others' rights.
5.4. Conversations with AI Companions: You acknowledge that AI Companion responses may be inaccurate or inappropriate. Peach is not responsible for AI-generated content or any consequences resulting from your reliance on such content.
6. Intellectual Property Rights
6.1. Ownership: The Services and all content are owned by Peach and protected by intellectual property laws.
6.2. Limited License: Peach grants you a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial use.
6.3. AI-Generated Content: Content generated by AI Companions is the property of Peach. You are granted a limited license to use such content for personal, non-commercial purposes.
6.4. Feedback: Any feedback you provide becomes the property of Peach.
7. Subscription and Payments
Certain features require paid subscriptions. By subscribing, you agree to pay all fees for your chosen plan. See our Billing Terms for complete payment information, including automatic renewal, cancellation, and refund policies.
8. Disclaimers and Limitations of Liability
8.1. Disclaimer of Warranties:
TO THE FULLEST EXTENT PERMITTED BY LAW, PEACH PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2. Limitation of Liability:
IN NO EVENT SHALL PEACH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES.
8.3. Cap on Liability:
PEACH'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU DURING THE SIX MONTHS PRIOR TO THE CLAIM OR (B) $100.
9. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PEACH FROM ANY CLAIMS ARISING OUT OF YOUR VIOLATION OF THESE TERMS, YOUR USE OF THE SERVICES, YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, OR ANY RELIANCE ON AI-GENERATED CONTENT.
10. Dispute Resolution
10.1. Governing Law: These Terms shall be governed by the laws of the State of Washington.
10.2. Arbitration: Any disputes will be settled by binding arbitration, except for intellectual property disputes. YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
10.3. Exclusive Venue: Any litigation must be filed exclusively in King County, Washington.
11. Termination
11.1. Termination by You: You may terminate your account at any time by closing your account.
11.2. Termination by Peach: We may suspend or terminate your account at any time for any reason, including violations of these Terms, illegal activities, or extended inactivity.
11.3. Effects: Upon termination, your right to use the Services ceases immediately. We may retain your data for backup purposes but have no obligation to maintain it.
12. General Provisions
12.1. Entire Agreement: These Terms constitute the entire agreement between you and Peach.
12.2. Severability: If any provision is found invalid, the remaining provisions remain in effect.
12.3. No Waiver: Failure to enforce any provision does not constitute a waiver.
12.4. Assignment: You may not assign these Terms. Peach may assign them without restriction.
12.5. Contact: For questions, contact us at legal@thepeach.ai.
13. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice. Your continued use after changes constitutes acceptance. If you don't agree, stop using the Services.