PeerPanda - Terms of Sale

PeerPanda Terms of Sale

Last updated Apr 16, 2025

1. AGREEMENT TO TERMS

These Terms of Sale constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and PeerPanda ("Company", "we", "us", or "our"), concerning your subscription to and use of our software-as-a-service platform (the "Service"). We are registered in France. You agree that by subscribing to or using the Service, you have read, understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These Terms and Conditions supplement our Website Terms of Use and Privacy Policy, which also apply to your use of our website. We reserve the right to make changes to these Terms and Conditions at any time. We will alert you about any changes by updating the "Last updated" date and, for material changes, by sending a notice to the primary email address associated with your account at least 14 days before the changes take effect. Your continued use of the Service after the date such revised Terms and Conditions are posted constitutes your acceptance of the changes.

2. INTELLECTUAL PROPERTY RIGHTS

The Service and its original content, features, and functionality are and will remain the exclusive property of PeerPanda and its licensors. The Service is protected by copyright, trademark, and other laws of both France and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PeerPanda.

We respect intellectual property rights and ask you to do the same. You shall not upload, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. We may terminate access for users who are repeat infringers of intellectual property rights.

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.

3. SUBSCRIPTION PLANS

We offer various subscription plans with different features and pricing. You may choose between monthly or yearly payment terms. The specific features included in each plan are described on our website. We reserve the right to modify our subscription plans, including pricing and features, with at least 10 days' notice to current subscribers before any changes take effect for existing subscriptions.

By selecting a subscription plan and providing payment information, you commit to the payment schedule (monthly or yearly) for the selected plan until you cancel your subscription or we terminate it in accordance with these Terms and Conditions.

Promotional offers and discounts may be available from time to time and are subject to specific terms that will be disclosed at the time of the offer. Unless otherwise specified, promotional pricing will revert to standard pricing after the promotional period ends.

4. ACCOUNT ACCESS AND SECURITY

You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

You agree that you will provide complete and accurate information during the registration process and that you will keep this information updated. We reserve the right to suspend or terminate your account if any information provided is found to be inaccurate, incomplete, or outdated.

You are responsible for ensuring that all users accessing the Service through your account comply with these Terms and Conditions. Actions taken by users under your account will be deemed to be actions taken by you.

5. PAYMENT TERMS

You agree to pay all fees for the subscription plan you select. We accept payment via credit card, debit card, or other payment methods as specified on our website. For monthly subscriptions, you will be billed on a recurring monthly basis. For yearly subscriptions, you will be billed once for the entire year.

If we are unable to process payment due to expired credit cards, insufficient funds, or otherwise, we reserve the right to suspend your access to the Service until payment is successfully processed. For significant payment delays exceeding 15 days, we may terminate your account after providing notice to your registered email address.

All prices are exclusive of taxes unless stated otherwise. You are responsible for paying all taxes, levies, or duties associated with your use of the Service, excluding taxes based on our net income.

We may change our fees and payment terms at any time, provided that we give you at least 30 days' advance notice for existing subscriptions. Continued use of the Service after the fee change constitutes acceptance of the new fees.

6. SUBSCRIPTION TERM AND CANCELLATION

Your subscription will automatically renew at the end of your subscription period (monthly or yearly) unless you cancel it at least 24 hours prior to the renewal date. You may cancel your subscription at any time by logging into your account or contacting our support team at contact@getpeerpanda.com.

If you cancel your subscription, you will continue to have access to the Service through the end of your current billing period. We do not provide refunds for the remaining unused portion of any subscription term, except where required by applicable law.

For yearly subscriptions canceled before the end of the term, we may, at our sole discretion, offer a prorated refund minus a processing fee, but we are not obligated to do so unless required by applicable law.

7. SERVICE UPDATES AND MODIFICATIONS

We continuously improve our Service and may add, modify, or remove features at any time. We will notify you of significant changes to the Service that may affect your use at least 14 days before implementation. You acknowledge that some modifications may render previous versions of user content incompatible with the updated Service.

We may also discontinue the Service or any part thereof with 90 days' notice. In such event, we will make reasonable efforts to help you transition your data to an alternative solution.

8. DATA AND CONTENT

You retain all rights to your data and content uploaded to or generated through the Service. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display your content solely for the purpose of providing and improving the Service.

We implement reasonable security measures to protect your data, but we cannot guarantee absolute security. You are responsible for maintaining backups of your critical data outside of our Service.

Upon termination of your subscription, we will retain your data for a period of 30 days, after which it may be permanently deleted. It is your responsibility to export or backup any data you wish to retain before the end of this retention period.

We will not access your data except: (1) to provide and maintain the Service; (2) to address technical or security issues; (3) as required by law; or (4) with your explicit consent.

9. CONFIDENTIALITY

"Confidential Information" means all non-public information disclosed by us to you, or vice versa, whether orally, in writing, or by other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Each party agrees to protect the other party's Confidential Information using the same degree of care it uses to protect its own confidential information (but not less than reasonable care), and not to use or disclose any Confidential Information except to perform its obligations under these Terms and Conditions.

The confidentiality obligations shall survive for a period of three (3) years after the termination or expiration of your subscription, regardless of the reason for termination.

Confidential Information does not include information that: (1) is or becomes publicly available without breach of this agreement; (2) was known to the receiving party prior to its disclosure; (3) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (4) is rightfully received from a third party not under a duty of confidentiality.

10. USAGE LIMITATIONS AND FAIR USE

Depending on your subscription plan, there may be limitations on usage, such as the number of users, storage space, or API calls. You agree not to exceed these limitations and acknowledge that doing so may result in additional charges or service restrictions.

We reserve the right to monitor usage patterns and implement fair use policies to prevent abuse of the Service. Excessive usage that negatively impacts the performance of the Service for other users may result in throttling or additional charges after notification.

API usage is subject to rate limits as documented in our API documentation. Exceeding these limits may result in temporary suspension of API access. Persistent abuse of API services may result in permanent revocation of API access.

11. COMPLIANCE WITH LAWS

You agree to use the Service in compliance with all applicable laws and regulations. You will not use the Service to store or transmit any content that is illegal, harmful, threatening, abusive, or otherwise objectionable.

If you use the Service to process personal data, you agree to comply with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) where applicable. You represent and warrant that you have obtained all necessary consents and provided all required notices to data subjects whose personal data you upload to the Service.

You shall not use the Service for any purpose that violates applicable export control or sanctions laws.

12. SERVICE LEVEL AGREEMENT

We strive to maintain a high level of service availability. However, we do not guarantee uninterrupted access to the Service. We will make reasonable efforts to notify you in advance of scheduled maintenance windows that may affect service availability.

For critical issues that significantly impact your use of the Service, we will make commercially reasonable efforts to respond and resolve the issue promptly.

We target a monthly uptime of 99.5% for our Service, excluding scheduled maintenance windows. This does not constitute a guarantee, and we shall not be liable for any damages or credits for periods of downtime.

Scheduled maintenance will typically be performed during off-peak hours and with at least 48 hours' advance notice when possible. Emergency maintenance may be performed as needed without advance notice.

13. TERMINATION

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately. You may request a copy of your data within 30 days of termination, after which we may delete all your data from our systems.

If we terminate your account for breach of these Terms and Conditions, you will not be entitled to any refund. If we terminate the Service entirely or your account for our convenience (not due to your breach), we will provide a prorated refund for any prepaid but unused subscription fees.

14. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will meet your specific requirements or that it will be error-free, uninterrupted, secure, or that defects will be corrected.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable, or that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.

15. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, RESULTING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWO (2) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PeerPanda and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) that arise from or relate to: (a) your use of the Service; (b) your violation of these Terms and Conditions; (c) your violation of any rights of another; or (d) your content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

You agree to promptly notify us in writing of any such claim and allow us to control the defense and settlement of such claim, provided that no settlement admitting liability or imposing obligations on us will be entered without our prior consent.

17. ASSIGNMENT

You may not assign or transfer these Terms and Conditions or your rights and obligations under these Terms and Conditions, in whole or in part, without our prior written consent. Any attempted assignment or transfer without such consent will be void. We may assign or transfer these Terms and Conditions, in whole or in part, without restriction.

In the event of a merger, acquisition, or sale of all or substantially all of our assets, we may transfer your account and related information to the successor entity, provided that the successor entity agrees to be bound by these Terms and Conditions with respect to your account.

18. GOVERNING LAW

These Terms and Conditions are governed by the laws of France, without regard to its conflict of law principles. The United Nations Convention for the International Sale of Goods does not apply to these Terms and Conditions.

Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Paris, France, except where prohibited by applicable mandatory consumer protection laws.

Before initiating any legal action, both parties agree to attempt in good faith to resolve the dispute through mediation in Paris, France, conducted in English. The costs of mediation shall be shared equally between the parties.

19. THIRD-PARTY SERVICES AND INTEGRATIONS

The Service may integrate with or enable access to third-party services, applications, or websites. We do not control these third-party services, and we are not responsible for their availability, reliability, or any content, advertising, products, or other materials available on or from them.

Your use of third-party services may be subject to additional terms and conditions provided by the third party. We do not endorse any third-party services or assume any responsibility for your use of such services.

You acknowledge that we may exchange data with third-party services as necessary to facilitate your use of such integrations, and you consent to such data exchange.

20. FORCE MAJEURE

Neither party shall be liable for any failure or delay in performance under these Terms and Conditions to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, war, epidemics, pandemics, power failures, internet service provider failures, or third-party service provider failures.

The affected party shall use reasonable efforts to mitigate the effects of the force majeure event. If such event continues for more than 60 days, either party may terminate these Terms and Conditions upon written notice.

21. SEVERABILITY

If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.

The failure of either party to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.

22. ENTIRE AGREEMENT

These Terms and Conditions, together with our Privacy Policy and any other legal notices or additional terms and conditions provided by us, constitute the entire agreement between you and PeerPanda regarding the Service and supersede all prior agreements and understandings, whether written or oral.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority to bind the other in any respect.

23. CONTACT US

If you have any questions about these Terms and Conditions or the Service, please contact us at:

PeerPanda

contact@getpeerpanda.com