Terms of Service

1. Eligibility

To use Peeker, you must:

• Be at least 18 years old;
• Have authority to enter into these Terms on behalf of yourself or your organization; and
• Use the Services solely for lawful, business-related purposes.

If you register on behalf of a company or entity, you represent that you are authorized to accept these Terms on its behalf.

2. Account Registration and Security

• You must create an account to access most Services.
• You agree to provide accurate and complete information during registration and keep it updated.
• You are responsible for maintaining the confidentiality of your credentials and all activity under your account.
• Notify Peeker immediately of any unauthorized use or breach.
• Peeker may suspend or terminate accounts that are fraudulent, abusive, or in violation of these Terms.

3. Description of Services

Peeker provides software tools and APIs for managing, analyzing, and optimizing outbound email deliverability.

This includes:

• Inbox and domain provisioning;
• Deliverability diagnostics and performance metrics;
• Automated "self-healing" inbox infrastructure;
• AI-driven recommendations and analytics; and
• Support via Slack, chat, or email.

Peeker may modify or discontinue any feature or component of the Services at any time without liability.

4. Acceptable Use

You agree not to use the Services to:

1. Send unsolicited or unlawful communications ("spam");
2. Violate any applicable law or regulation (including CAN-SPAM, CASL, GDPR, or CCPA);
3. Access or attempt to access data not intended for you;
4. Interfere with or disrupt the Services or connected systems;
5. Upload malicious code, bots, or unauthorized scripts;
6. Reverse-engineer or attempt to extract source code;
7. Exceed fair-use or rate-limit thresholds on APIs; or
8. Misrepresent your identity or affiliation.

Peeker reserves the right to investigate and suspend any account that violates this section.

5. Service Availability and Support

Peeker strives to maintain 99% uptime, excluding planned maintenance. While not a guarantee, Peeker uses commercially reasonable efforts to ensure high availability.

Support is provided via Slack, chat, or email during business hours.

Peeker may access user dashboards or account data solely for troubleshooting or optimization, as described in our Privacy Policy.

6. Beta Features and Experimental Tools

From time to time, Peeker may release beta or experimental features ("Beta Services"). Beta Services are provided as-is with no guarantees and may be modified or removed at any time.

Your use of Beta Services is at your own risk.

7. Subscription Plans, Payments, and Refunds

• Peeker Services operate on a subscription basis.
• All fees are billed upfront and are non-refundable, unless otherwise stated in writing.
• Subscriptions automatically renew unless canceled before the renewal date.
• Failure to pay may result in account suspension or termination.
• Refunds & Trials:

  Peeker may, at its sole discretion, issue partial credits or extensions but has no obligation to provide refunds.

  Trials or promotional periods may be revoked at any time.

• Taxes: You are responsible for all applicable taxes except Peeker's income taxes.

8. Data Ownership and License

You retain ownership of all data, content, or materials you upload or connect ("Customer Data"). By using the Services, you grant Peeker a worldwide, royalty-free license to host, process, analyze, and transmit Customer Data solely as required to deliver and improve the Services.

Peeker may aggregate and anonymize data to generate insights or enhance its algorithms. We do not sell or publicly disclose Customer Data.

9. Intellectual Property

All rights, title, and interest in the Services — including code, algorithms, APIs, databases, UI designs, and documentation — remain the exclusive property of Peeker.

You may not copy, modify,or distribute any part of the Services.

Any feedback or suggestions you provide may be used by Peeker without restriction.

10. Confidentiality

Peeker and the user agree to keep confidential any non-public information shared during the course of using the Services.

All Peeker personnel and contractors are bound by NDAs and data-processing agreements.

11. Data Backup and Disaster Recovery

Peeker maintains secure data backups and disaster-recovery procedures. In the event of data loss or system failure, Peeker will make commercially reasonable efforts to restore functionality promptly.

12. API Usage and Rate Limits

Peeker may impose API request limits, data quotas, or throttling to maintain system stability. Excessive, abusive, or automated activity may lead to suspension without notice.

13. Security

Peeker implements technical and organizational measures including:

• Encryption in transit and at rest;
• Multi-factor authentication;
• Role-based access control;
• Continuous monitoring and regular security reviews.

While Peeker follows industry best practices, you acknowledge that no online system is completely secure.

14. Publicity and Brand Use

Unless otherwise agreed in writing, you grant Peeker permission to use your company name, logo, and testimonials for marketing purposes, case studies, and presentations. You may withdraw this consent at any time by contacting conrad@peeker.ai.

15. Export Control and Legal Compliance

You represent that you are not located in, under the control of, or a resident of any country subject to U.S. sanctions.

You agree not to use the Services in violation of export control or trade laws.

16. AI and Machine Learning Features

Peeker may use aggregated and anonymized data to improve algorithms and machine learning features.

Peeker does not use identifiable customer data to train public AI models or disclose private content.

17. Force Majeure

Peeker shall not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including natural disasters, war, network failures, pandemics, or governmental actions.

18. Limitation of Liability

To the fullest extent permitted by law:

• Peeker shall not be liable for indirect, incidental, or consequential damages (including lost profits or data);
• Peeker's total cumulative liability shall not exceed the total fees you paid in the six (6) months preceding the claim.

Some jurisdictions do not allow such limitations, so certain provisions may not apply.

19. Indemnification

You agree to defend, indemnify, and hold harmless Peeker, its employees, and affiliates from any claims, damages, or expenses arising from:

• Your use or misuse of the Services;
• Violation of these Terms; or
• Infringement of third-party rights or laws.

20. Termination

• Either party may terminate at any time.
• You may cancel via dashboard or by emailing conrad@peeker.ai.
• Peeker may suspend or terminate accounts for nonpayment, abuse, or legal violations.

Upon termination:

• Your right to use the Services ends immediately;
• Fees already paid are non-refundable;
• Certain provisions (IP, confidentiality, limitation of liability) survive termination.

21. Assignment

Peeker may assign or transfer these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights without Peeker's written consent.

22. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware,United States, without regard to conflict-of-law principles. Disputes shall be resolved exclusively in the state or federal courts of Delaware, unless Peeker elects binding arbitration under the American Arbitration Association.

23. Modifications to the Terms

Peeker may modify these Terms at any time.

Material updates will be communicated via email, Slack, or in-app notification. Continued use of the Services after an update constitutes acceptance.

24. Survival

Sections on Intellectual Property, Data Ownership, Payments, Confidentiality, Indemnification, Limitation of Liability, and Governing Law will survive termination of this Agreement.

25. Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Peeker regarding the Services, superseding any prior agreements or communications.

26. Contact Information