Terms and Conditions

Last Updated October 21, 2022

These Terms of Service ("Terms") apply to your access to and use of the branded short-link and QR Codes generator service, software as a service platform, ancillary services, websites and mobile applications (collectively, our "Services") provided by Peppy.link ("peppy.link" or "We").

We may make changes to these Terms from time to time. Unless we say otherwise, the amended Terms will be effective immediately. By creating an account or by using our Services, you agree to these Terms.

1. Eligibility
You must be at least 18 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. User Accounts and Account Security
You may need to register for an account to access some of our Services. If you register for an account, you must provide accurate account information, including your first and last name, your email address, time zone, password, and other information. You must promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. User Content
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, "User Content"). You are fully responsible for your User Content. Except for the license you grant below, you retain all rights in and to your User Content, as between you and Peppy.link.

Unless a separate contract between you and Peppy.link provides otherwise, you grant Peppy.link and its affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

4. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services.

You will not: engage in any harassing, threatening, intimidating, predatory or stalking conduct; Use or attempt to use another user's account without authorization from that user; Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity; Sell or resell our Services, unless permitted under a separate contract between you and Peppy.link; Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; Develop or use any applications that interact with our Services without our prior written consent; Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or gambling schemes; Bypass or ignore instructions contained in our robots.txt file; or Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that: Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; Impersonates, or misrepresents your affiliation with, any person or entity; Contains any unsolicited promotions, political campaigning, advertising or solicitations; Contains any private or personal information of a third party without such third party’s lawful consent; Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; Distributes malware or software designed to infiltrate or damage computer systems or trigger denial-of-service attacks; or In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Peppy.link or others to any harm or liability of any type.

We reserve the right, in our sole discretion, to suspend or terminate your account, or delete User Content due to your violation. Failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.

5. Fees and Refund Policy
We offer fee-based Services that provide additional features and functionality. Pricing and benefits for paid accounts are described on the pricing page and may be updated from time to time. If you sign up for a paid account, you agree to pay Peppy.link all applicable fees for the tier of Services according to your selection. Fees are non-refundable except as required by law. We reserve the right to downgrade, suspend or terminate Customer’s access to any or all Services if fees are past due.

6. Trademarks
Name of Peppy.link, logos, our product or service names, our slogans and the look and feel of our Services are trademarks of Peppy.link and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on our Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

7. Feedback
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Peppy.link or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, developing, copying, publishing, or improving the Feedback in Peppy.link's sole discretion. You understand that Peppy.link may treat Feedback as nonconfidential.

8. Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and services available on or through our Services (collectively, "Third-Party Offerings"). We provide Third-Party Offerings as a service to those interested in such offerings. We reserve the right to suspend, stop providing, or start charging for all or portions of the Third-Party Offerings at any time. Payments may be required to use certain Third-Party Offerings. Peppy.link does not control or endorse, and makes no representations or warranties regarding, any Third-Party Offerings. Your access to and use of such Third-Party Offerings is at your own risk. Peppy.link is not responsible or liable for any claim, malfunction, loss, or harm arising from or related to your use of Third-Party Offerings.

9. Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Peppy.link and our affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Peppy.link Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services. You agree to promptly notify Peppy.link Parties of any third-party Claims, cooperate with Peppy.link Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, 'attorneys' fees). You also agree that the Peppy.link Parties will have control of the defense or settlement, at Peppy.link's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Peppy.link or the other Peppy.link Parties.

10. Disclaimers
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Peppy.link does not represent or warrant that our Services are accurate, complete, secure, reliable, current or error-free. While Peppy.link attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of harmful components. You assume the entire risk as to the quality and performance of our Services.

11. Limitation of Liability
To the fullest extent permitted by applicable law, Peppy.link and the other Peppy.link Parties will not be liable to you under any theory of liability-whether based on contract, tort, negligence, strict liability, warranty, or otherwise-for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Peppy.link or the other Peppy.link Parties have been advised of the possibility of such damages.

12. Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. We also reserve the right to begin charging for certain features of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services