Last Updated: Oct 22, 2026
INTRODUCTION
1. Structure. This End User License Agreement (“EULA”) consists of this Introduction, Part I and Part II. Part I governs the relationship between Peec AI GmbH and End Customers. Part II governs the relationship between Peec AI US Inc. and End Customers. Each End Customer contracts with one of these entities only.
2. Contracting Entity. End Customer contracts with the Peec entity that has concluded the Business Customer Agreement (as defined in the applicable Part) with the Business Customer through which End Customer receives access to the Services. Peec names that entity, and thus the applicable Part, before End Customer accepts this EULA and in the confirmation of acceptance it sends to End Customer.
3. Applicable Part. If End Customer contracts with Peec AI GmbH, this EULA consists of this Introduction and Part I. If End Customer contracts with Peec AI US Inc., this EULA consists of this Introduction and Part II. The other Part does not apply. Capitalized terms have the meaning given in the applicable Part, and references to Sections refer to Sections of that Part.
4. Related Documents. References in each Part to the Business Customer Agreement, the Data Processing Agreement and the privacy policy refer to the documents of the contracting Peec entity.
PART I – PEEC AI GMBH
(End Customers of Business Customers contracting with Peec AI GmbH)
This Peec End User License Agreement (this “EULA”) describes the terms and conditions and restrictions that apply to the use of Peec’s platform and related services that offers AI search analytics for marketing teams (the “Services”) made available by Peec AI GmbH, Karl-Liebknecht-Straße 14, 10178 Berlin, Germany (“Peec”) to the end customer recipient of access to the Services through a Business Customer (“End Customer” or “You”). For purposes of this EULA, “Business Customer” means the entity that has entered into the Master Customer Agreement (or other similar agreement) with Peec (the “Business Customer Agreement”), and End Customer’s access to the Services is derivative of and subject to the Business Customer’s agreement with Peec. Peec’s obligations to End Customer are governed solely by this EULA. The Services are offered under this EULA exclusively to entrepreneurs (Unternehmer) within the meaning of Section 14 of the German Civil Code (Bürgerliches Gesetzbuch, “BGB”); consumers within the meaning of Section 13 BGB may not use the Services. By clicking “I ACCEPT,” End Customer agrees that End Customer has read and understood, and, as a condition to End Customer’s use of the Services, End Customer agrees to be bound by this EULA. If End Customer is not eligible, or does not agree to the terms of this EULA, then End Customer does not have our permission to use the Services. Peec may amend this EULA with effect for the future without End Customer’s consent only to the extent that the amendment (a) is necessary because of a change in law or a court or regulatory decision against Peec, (b) is solely to End Customer’s advantage, (c) introduces additional services without adversely affecting the existing Services, or (d) is purely technical or procedural and has no material adverse effect on End Customer. Peec will notify End Customer of such amendments at least six weeks before they take effect (email to suffice). Any other amendment requires End Customer’s consent, which may be given electronically, including when logging in to the Services. If End Customer does not consent, this EULA continues on its existing terms.
1. USE OF THE SERVICES
1.1 Use of the Services. Subject to the terms and conditions of this EULA and the Business Customer Agreement, Peec hereby grants to you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable right during the Term (defined below) to access and use the Services, subject to the restrictions set forth in this EULA. Your access to the Services is derivative of and subject to the Business Customer’s agreement with Peec under the Business Customer Agreement. If the Business Customer Agreement terminates or expires, your rights under this EULA automatically terminate.
1.2 Access Credentials. You will only access the Services via the access method provided by Peec (“Access Credentials”). You will ensure that you keep your Access Credentials confidential and not share with any third party such Access Credentials or any password provided or set to facilitate their access to the Services.
1.3 Use Restrictions and Prohibited Conduct. Except as otherwise explicitly provided in this EULA or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to:
(a) sell, rent, lease, or otherwise permit any third party to use the Services;
(b) use the Services on behalf of any third party or provide the Services to any third party;
(c) publish benchmarks or performance information about the Services;
(d) circumvent or disable any security or other technological features or measures of the Services;
(e) use the Services, and any other data or information obtained from your use of the Services in violation of any applicable laws or regulations;
(f) use the Services to develop a similar or competing product or service or in a manner otherwise detrimental to Peec’s business;
(g) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only with prior notice to Peec);
(h) otherwise use any portion of the Services (including output) through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools);
(i) violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
(j) interfere with security-related features of the Services, including by: disabling or circumventing features that prevent or limit use, printing, or copying of any content; or reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
(k) interfere with the operation of the Services or any other customer’s enjoyment of the Services, including by: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
(l) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Services account without permission; or
(m) submit, input, or otherwise share (i) special categories of personal data within the meaning of Article 9(1) of Regulation (EU) 2016/679 (“GDPR”) or personal data relating to criminal convictions and offenses within the meaning of Article 10 GDPR; or (ii) data whose compromise would create a heightened risk for the individuals concerned and which the Services do not require, in particular payment card data subject to the Payment Card Industry Data Security Standards and social security, driver’s license, passport or other government identification data, as input;
(n) attempt to do any of the acts described in this Section 1.3 or assist or permit any person in engaging in any of the acts described in this Section 1.3.
1.4 Protection against Unauthorized Use. You will use reasonable efforts to prevent any unauthorized use of the Services and immediately notify Peec in writing of any unauthorized use that comes to your attention. If there is unauthorized use by anyone who obtained access to the Services directly or indirectly through you, then you will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by Peec to prevent or terminate unauthorized use of the Services.
1.5 API License. Peec may make application programming interfaces and associated tools, software, code, materials, and associated documentation (“APIs”), available that are designed to permit End Customer to integrate its systems and tools with the Services. Subject to End Customer’s complete and ongoing compliance with this EULA and to the extent enabled by Peec for your account, Peec grants End Customer a non-exclusive, non-sublicensable, nontransferable, limited, revocable license to internally use the APIs to connect with the Services. End Customer has no right to distribute or allow access to the stand-alone APIs and End Customer’s rights to the APIs are subject to Peec’s policies, if any. End Customer’s use of the APIs is subject to the following usage limitations: (a) the APIs may be subject to rate limits, which specify the maximum number of requests End Customer can make within a given timeframe. These limits are subject to change at Peec’s discretion; End Customer will be notified of any significant changes to rate limits; (b) if End Customer exceeds the applicable rate limits, Peec may temporarily or permanently throttle End Customer’s calls to access the APIs or the Services; and (c) End Customer agrees to use the APIs in a fair and reasonable manner and not to engage in excessive or abusive usage that could negatively impact the performance or availability of the APIs or the Services for other customers.
1.6 Customer Data. End Customer grants Peec a non-exclusive, royalty-free, sublicensable right and license to use, host, copy, store, disclose, transmit, transfer, and modify Customer Data as necessary: (a) to provide Services; (b) to create and compile Aggregated Data in a form that does not identify End Customer as the source thereof; (c) to derive or generate Usage Data or output; (d) to evaluate the Services and to develop and improve them, including by training the models Peec uses to provide them, unless End Customer has objected by notice (email to suffice) or the opt-out made available in the Services is set for the relevant workspace; this does not affect evaluation; models trained before an objection may continue to be used; and (e) as otherwise required by law or as agreed to in writing between the parties. This license is limited to the Term, without prejudice to Section 1.8 and to models trained during the Term. Personal data contained in Customer Data is processed in accordance with the Data Processing Agreement, including its Section 2.5. “Customer Data” means any data or information that: (a) End Customer (including its employees or contractors) submits to the Services, including from any third-party platform, add-on, service, or product not provided by Peec that End Customer elects to integrate or enable for use with any Services (each a “Third-Party Platform”); and (b) is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed (“Process”) by Peec to provide the Services to End Customer.
1.7 End Customer Obligations. End Customer is responsible for its Customer Data, including its content and accuracy, and will comply with applicable laws when using the Services. End Customer shall ensure that it has made all disclosures, provided all notices, and has obtained all rights, consents, and permissions necessary for Peec to Process Customer Data set forth in this EULA without violating or infringing laws, third-party rights, or terms or policies that apply to the Customer Data. End Customer will provide and maintain any hardware, software, other technology, and infrastructure that End Customer is required to provide and maintain in order for End Customer to access and use the Services. End Customer is responsible for its employees’ and contractors’ compliance with and adherence to this EULA and for all activity conducted under End Customer’s Access Credentials.
1.8 Usage Data; Aggregated Data. Peec may collect, access, use, disclose, transfer, transmit, store, host, or otherwise Process Usage Data and Aggregated Data including: (a) to track use of the Services for billing purposes; (b) to provide support for the Services; (c) to monitor the performance and stability of the Services; (d) to prevent or address technical issues with the Services; (e) to create, test, improve, train, or otherwise develop existing or new artificial intelligence or machine learning models, systems, architecture, weights, or related technology used by Peec in connection with the Services; and (f) for all other lawful business practices, such as analytics, benchmarking, and reports. End Customer will not interfere with the collection of Usage Data. As between the parties, Peec owns and retains all right, title, and interest, including all related intellectual property and proprietary rights, in and to the Aggregated Data and Usage Data (including any improvements, modifications, and enhancements thereto), the know-how and analytical results generated in the Processing and use thereof. “Usage Data” means information generated from the use of the Services, which data does not identify End Customer’s employees or contractors, any other natural human persons, or End Customer, such as technical logs, data, and learnings about End Customer’s use of the Services, but excluding any identifiable Customer Data. “Aggregated Data” means Customer Data that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies End Customer or a specific individual.
1.9 Reservation of Rights. You will not have any rights to the Services except as expressly granted in this EULA. Peec reserves to itself all rights to the Services not expressly granted to you in accordance with this EULA.
1.10 Feedback. If you provide any feedback to Peec concerning the functionality and performance of the Services (including identifying potential errors and improvements), then Peec may use the feedback without restriction, obligation or payment.
1.11 Third Party Platforms. Use of Third-Party Platforms is subject to End Customer’s agreement with the relevant provider and not this EULA. Peec does not control and has no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Services or how the Third-Party Platforms or their providers use Customer Data. By enabling a Third-Party Platform to interact with the Services, End Customer authorizes Peec to access and exchange Customer Data with such Third-Party Platform on End Customer’s behalf. This does not affect Peec’s liability under Section 6 for its own conduct and that of its vicarious agents.
1.12 Confidentiality. You acknowledge that in the course of using the Services, you may receive or have access to non-public information regarding Peec’s products, services, technology, business operations, pricing, or roadmap, including information on Peec’s information security, data protection and compliance practices and the identity of its subprocessors (“Peec Confidential Information”). You agree to: (a) hold Peec Confidential Information in strict confidence; (b) not disclose Peec Confidential Information to any third party without Peec’s prior written consent; and (c) not use Peec Confidential Information for any purpose other than your authorized use of the Services under this EULA. These confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no breach of this EULA by you; (ii) you can document was rightfully in your possession prior to disclosure by Peec; (iii) you receive from a third party without breach of any confidentiality obligation; or (iv) is independently developed by you without use of or reference to Peec Confidential Information. Upon termination of this EULA, you will promptly return or destroy all Peec Confidential Information in your possession or control.
1.13 Personal Data. To the extent Peec will Process End Customer’s Personal Data (as defined in the Data Processing Agreement) to provide the Services to you, each party will comply with its obligations in Peec’s data processing agreement under Article 28 GDPR, available at https://peec.ai/legal/data-processing-agreement (“Data Processing Agreement”), which is incorporated into this EULA by reference. In the event of a conflict between this EULA and the Data Processing Agreement regarding the processing of personal data, the Data Processing Agreement prevails. Peec’s processing of personal data for its own purposes as a controller is described in Peec’s privacy policy.
2. FEES
2.1 License Fees. You will not be charged a fee for access to the Services. Fees for the Services are paid by the Business Customer under the Business Customer Agreement.
3. TERM AND TERMINATION
3.1 Term. This EULA is effective beginning when you accept this EULA and terminates when (a) terminated in accordance with this EULA, or (b) the Business Customer Agreement terminates or expires, or the Business Customer’s right to make the Services available to you is revoked or suspended (the “Term”).
3.2 Termination. If you violate any provision of this EULA, then Peec may suspend your access to the Services to the extent and for the duration necessary. Peec may terminate this EULA for good cause (aus wichtigem Grund), in particular if you materially violate this EULA and do not remedy the violation within a reasonable period after notice, unless such notice is dispensable under Section 314(2) BGB.
3.3 Post-Termination Obligations; Survival. If this EULA is terminated for any reason, then: your license rights will terminate and you must immediately cease all use of the Services and the APIs; and you will no longer be authorized to access the Services. If Chapter VI of Regulation (EU) 2023/2854 (“Data Act”) applies to you in relation to the Services, Section 5.7 (Switching under the Data Act) of Part I of Peec’s Master Customer Agreement, available at https://peec.ai/legal/terms-of-use, applies to you accordingly.
3.4 End Customer Obligations on Termination. Upon termination or expiration of this EULA, you will immediately cease all use of the Services and delete or destroy all copies of any materials provided by Peec in connection with the Services. The following Sections will survive expiration or termination of this EULA: 1.3, 1.6 (last two sentences), 1.8, 1.10, 1.12, 3.3, 3.4, 4, 5, 6, and 7.
4. INDEMNIFICATION
4.1 By End Customer. You will indemnify, defend, and hold harmless Peec, its officers, directors, employees, and agents from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense attributable to third-party claims arising out of (a) your violation of the terms of this EULA, (b) your acts or omissions committed through the Services, (c) your Customer Data, and (d) your gross negligence or willful misconduct, in each case to the extent you are responsible for the underlying circumstances within the meaning of Section 276 BGB.
5. DISCLAIMER OF WARRANTIES
5.1 General Disclaimer. Subject to Section 6 and except for any express warranties provided in this EULA, the Services and support are provided “as is” and “as available.” Peec, on behalf of itself and its suppliers and licensors, disclaims all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, quality, accuracy, and non-infringement. End Customer understands and agrees that End Customer’s use of any portion of the Services is at End Customer’s own discretion and risk, and that Peec is not responsible for any damage to End Customer’s property (including End Customer’s computer system or mobile device used in connection with the Services) or any loss of data.
5.2 No Guarantee of Performance. Peec does not warrant that the Services will be uninterrupted or error-free. Peec does not guarantee the accuracy or integrity of Customer Data or outputs, nor is Peec responsible for delays or failures due to the internet or other systems outside of Peec’s control. Peec makes no representation, warranty, or guarantee as to any particular outcome, result, ranking, visibility, or sentiment. For the avoidance of doubt and subject to Section 6, Peec will not have any liability arising from or related to failures, outages, errors, or data loss caused by a Third-Party Platform, including any changes to or deprecation of third-party APIs. End Customer’s use of the Services is at End Customer’s own discretion and risk. Subject to Section 6, Peec is not liable for any damages resulting from End Customer’s use of or reliance on the Service’s output.
5.3 Artificial Intelligence Disclaimer. End Customer acknowledges that parts of the Services use artificial intelligence (“AI”) and machine learning, which operate on probabilistic reasoning. The Services analyze and depend on outputs generated by the third-party AI models, services, or tools that use AI, machine learning, or similar technology, made available in the Services from time to time (“Covered AI Models”) that Peec does not own, operate, or control. This means the outputs may not always be accurate, complete, relevant, reproducible, or error-free and may contain errors, inconsistencies, or inaccuracies (including the quality of the input from which it is derived and the inherent technical limitations and probabilistic nature of machine learning or artificial intelligence technology used in connection with the Services). End Customer is solely responsible for determining the efficacy, accuracy, lawfulness, and appropriateness of the Services for any given use, including as a replacement for any compliance measure. The use of AI is subject to legal and regulatory uncertainties that could impact End Customer’s ability to use the Services in the future. Subject to Section 6, Peec hereby expressly disclaims all representations and warranties, whether express or implied, regarding the accuracy, completeness, reliability, safety, suitability, or regulatory compliance of any information, output or results provided by the Service and any actions or inactions taken in reliance on such information. Any reliance on the Service’s AI elements is solely at End Customer’s own risk. The Service’s AI elements provide analytics and informational insights only, and do not constitute strategic, marketing, business, legal, or other professional advice, and are not a substitute for End Customer’s own independent judgment.
5.4 No Additional Functionality. End Customer acknowledges and agrees that the Services are limited to the functionalities expressly described in this EULA, and that Peec does not, is under no obligation to, and makes no representation, warranty, or commitment that it will: (a) assess or analyze collected data beyond the functionalities expressly therein; (b) promote or influence the visibility and/or sentiment of End Customer’s brand; or (c) provide solutions, strategic advice, or adaptations to End Customer’s business model.
6. LIMITATION OF LIABILITY
6.1 Unlimited Liability. Peec is liable without limitation for damage caused intentionally or by gross negligence by Peec, its legal representatives or vicarious agents, for damage arising from injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), under any guarantee expressly given by Peec, and for defects Peec has fraudulently concealed.
6.2 Material Obligations. In cases of slight negligence, Peec is liable only for breach of an obligation whose fulfillment is essential for the proper performance of this EULA and on whose fulfillment you may regularly rely (material obligation). In that case, Peec’s liability is limited to the damage foreseeable and typical for this type of contract at the time of its conclusion and in aggregate to EUR 25,000.
6.3 Exclusion. Except as set out in Sections 6.1 and 6.2, Peec’s liability for slight negligence is excluded. These limitations also apply to the personal liability of Peec’s legal representatives, employees and vicarious agents.
7. MISCELLANEOUS
7.1 Compliance with Law. You shall comply with all applicable laws, regulations, ordinances, and generally accepted guidelines that apply to your use of the Services.
7.2 Governing Law. This EULA is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules. If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or have no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising out of or in connection with this EULA is Berlin, Germany. Peec may also bring proceedings at your general place of jurisdiction. The right of either party to seek interim relief before any competent court remains unaffected.
7.3 [Intentionally omitted.]
7.4 Assignment. You may not assign, or in any way transfer, novate, or dispose of the EULA or any rights or obligations under the EULA without the prior written consent of Peec. Peec may assign this EULA to an entity directly or indirectly controlling, controlled by or under common control with Peec, or in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of its assets.
7.5 Modifications to the Services. Peec may modify the Services, including by limiting or discontinuing individual features or functionality, where this is reasonable for you taking into account Peec’s interests, in particular to reflect technical developments, changes to Covered AI Models or changes in law, provided that the core functionality and overall performance of the Services are not materially reduced. Peec will notify you of any material change in advance where practicable (email to suffice).
7.6 Severability. Each provision of the EULA is severable and distinct from the others. If any provision of the EULA is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the EULA which shall remain in full force and effect and the terms and conditions of the EULA shall be carried out as nearly as possible according to its original terms and intent.
7.7 No Waiver. No failure or delay by a party to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
7.8 Notice. A notice may be served by delivery to Peec at its registered office or by email to support@peec.ai. Notices to you may be served by email via the email you used to agree to this EULA. A notice shall be deemed served at the time of acknowledgment of receipt for an email.
7.9 No Agency; Entire Agreement. Nothing in the EULA shall constitute or create a joint venture, partnership, or any other similar arrangement between the parties. This EULA constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. Individually negotiated agreements prevail over this EULA (Section 305b BGB).
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PART II – PEEC AI US INC.
(End Customers of Business Customers contracting with Peec AI US Inc.)
This Peec End User License Agreement (this “EULA”) describes the terms and conditions and restrictions that apply to the use of Peec’s platform and related services that offers AI search analytics for marketing teams (the “Services”) made available by Peec AI US Inc. (“Peec”) to the end customer recipient of access to the Services through a Business Customer (“End Customer” or “You”). For purposes of this EULA, “Business Customer” means the entity that has entered into the Master Customer Agreement (or other similar agreement) with Peec (the “Business Customer Agreement”), and End Customer’s access to the Services is derivative of and subject to the Business Customer’s agreement with Peec. Peec’s obligations to End Customer are governed solely by this EULA. BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICES, END CUSTOMER AGREES THAT END CUSTOMER HAS READ AND UNDERSTOOD, AND, AS A CONDITION TO END CUSTOMER’S USE OF THE SERVICES, END CUSTOMER AGREES TO BE BOUND BY THIS EULA. IF END CUSTOMER IS NOT ELIGIBLE, OR DOES NOT AGREE TO THE TERMS OF THIS EULA, THEN END CUSTOMER DOES NOT HAVE OUR PERMISSION TO USE THE SERVICES. END CUSTOMER’S USE OF THE SERVICES, AND PEEC’S PROVISION OF THE SERVICES TO END CUSTOMER, CONSTITUTES AN AGREEMENT BY PEEC AND BY END CUSTOMER TO BE BOUND BY THE TERMS OF THIS EULA. PEEC MAY MODIFY THIS EULA AT ANY TIME BY POSTING A REVISED VERSION ON THE PEEC WEBSITE OR THROUGH THE SERVICES. BY CONTINUING TO USE THE SERVICES, END CUSTOMER AGREES TO THE LATEST VERSION OF THIS EULA; PROVIDED, HOWEVER, THAT ANY CHANGES TO THE ARBITRATION PROVISIONS, LIMITATION OF LIABILITY, OR INDEMNIFICATION TERMS SHALL REQUIRE END CUSTOMER’S AFFIRMATIVE ACCEPTANCE.
1. USE OF THE SERVICES
1.1 Use of the Services. Subject to the terms and conditions of this EULA and the Business Customer Agreement, Peec hereby grants to you a limited, non-exclusive, non-transferable, revocable, and non-sublicensable right during the Term (defined below) to access and use the Services, subject to the restrictions set forth in this EULA. Your access to the Services is derivative of and subject to the Business Customer’s agreement with Peec under the Business Customer Agreement. If the Business Customer Agreement terminates or expires, your rights under this EULA automatically terminate.
1.2 Access Credentials. You will only access the Services via the access method provided by Peec (“Access Credentials”). You will ensure that you keep your Access Credentials confidential and not share with any third party such Access Credentials or any password provided or set to facilitate their access to the Services.
1.3 Use Restrictions and Prohibited Conduct. EXCEPT AS OTHERWISE EXPLICITLY PROVIDED IN THIS EULA OR AS MAY BE EXPRESSLY PERMITTED BY APPLICABLE LAW, YOU WILL NOT, AND WILL NOT PERMIT OR AUTHORIZE ANY THIRD PARTY TO:
(a) sell, rent, lease, or otherwise permit any third party to use the Services;
(b) use the Services on behalf of any third party or provide the Services to any third party;
(c) publish benchmarks or performance information about the Services;
(d) circumvent or disable any security or other technological features or measures of the Services;
(e) use the Services, and any other data or information obtained from your use of the Services in violation of any applicable laws or regulations;
(f) use the Services to develop a similar or competing product or service or in a manner otherwise detrimental to Peec’s business;
(g) reverse engineer, decompile, disassemble, or seek to access the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only with prior notice to Peec);
(h) otherwise use any portion of the Services (including output) through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools);
(i) violate any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
(j) interfere with security-related features of the Services, including by: disabling or circumventing features that prevent or limit use, printing, or copying of any content; or reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;
(k) interfere with the operation of the Services or any other customer’s enjoyment of the Services, including by: uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; or interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
(l) perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Services account without permission; or
(m) submit, input, or otherwise share (i) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) credit, debit, or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS”); (iii) Protected Health Information (“PHI”) or consumer health data (as such term or similar terms are defined under applicable laws), including any individual patient data; (iv) other information subject to regulation or protection under specific laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (or related rules or regulations); (v) social security numbers, driver’s license numbers, or other government ID numbers; or (vi) any data protected under laws similar to the above as input;
(n) attempt to do any of the acts described in this Section 1.3 or assist or permit any person in engaging in any of the acts described in this Section 1.3.
1.4 Protection against Unauthorized Use. You will use reasonable efforts to prevent any unauthorized use of the Services and immediately notify Peec in writing of any unauthorized use that comes to your attention. If there is unauthorized use by anyone who obtained access to the Services directly or indirectly through you, then you will take all steps reasonably necessary to terminate the unauthorized use. You will cooperate and assist with any actions taken by Peec to prevent or terminate unauthorized use of the Services.
1.5 API License. Peec may make application programming interfaces and associated tools, software, code, materials, and associated documentation (“APIs”), available that are designed to permit End Customer to integrate its systems and tools with the Services. Subject to End Customer’s complete and ongoing compliance with this EULA and to the extent enabled by Peec for your account, Peec grants End Customer a non-exclusive, non-sublicensable, nontransferable, limited, revocable license to internally use the APIs to connect with the Services. End Customer has no right to distribute or allow access to the stand-alone APIs and End Customer’s rights to the APIs are subject to Peec’s policies, if any. End Customer’s use of the APIs is subject to the following usage limitations: (a) the APIs may be subject to rate limits, which specify the maximum number of requests End Customer can make within a given timeframe. These limits are subject to change at Peec’s discretion; End Customer will be notified of any significant changes to rate limits; (b) if End Customer exceeds the applicable rate limits, Peec may temporarily or permanently throttle End Customer’s calls to access the APIs or the Services; and (c) End Customer agrees to use the APIs in a fair and reasonable manner and not to engage in excessive or abusive usage that could negatively impact the performance or availability of the APIs or the Services for other customers.
1.6 Customer Data. End Customer grants Peec a non-exclusive, royalty-free, sublicensable right and license to use, host, copy, store, disclose, transmit, transfer, and modify Customer Data as necessary: (a) to provide Services; (b) to create and compile Aggregated Data in a form that does not identify End Customer as the source thereof; (c) to derive or generate Usage Data or output; (d) to evaluate the Services and to develop and improve them, including by training the models Peec uses to provide them, unless End Customer has objected by notice (email to suffice) or the opt-out made available in the Services is set for the relevant workspace; this does not affect evaluation; models trained before an objection may continue to be used; and (e) as otherwise required by law or as agreed to in writing between the parties. This license is limited to the Term, without prejudice to Section 1.8 and to models trained during the Term. Personal data contained in Customer Data is processed in accordance with the Data Processing Agreement, including its Section 2.5. “Customer Data” means any data or information that: (a) End Customer (including its employees or contractors) submits to the Services, including from any third-party platform, add-on, service, or product not provided by Peec that End Customer elects to integrate or enable for use with any Services (each a “Third-Party Platform”); and (b) is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed (“Process”) by Peec to provide the Services to End Customer.
1.7 End Customer Obligations. End Customer is responsible for its Customer Data, including its content and accuracy, and will comply with applicable laws when using the Services. End Customer represents and warrants that it has made all disclosures, provided all notices, and has obtained all rights, consents, and permissions necessary for Peec to Process Customer Data set forth in this EULA without violating or infringing laws, third-party rights, or terms or policies that apply to the Customer Data. End Customer will provide and maintain any hardware, software, other technology, and infrastructure that End Customer is required to provide and maintain in order for End Customer to access and use the Services. End Customer is responsible for its employees’ and contractors’ compliance with and adherence to this EULA and for all activity conducted under End Customer’s Access Credentials.
1.8 Usage Data; Aggregated Data. Peec may collect, access, use, disclose, transfer, transmit, store, host, or otherwise Process Usage Data and Aggregated Data including: (a) to track use of the Services for billing purposes; (b) to provide support for the Services; (c) to monitor the performance and stability of the Services; (d) to prevent or address technical issues with the Services; (e) to create, test, improve, train, or otherwise develop existing or new artificial intelligence or machine learning models, systems, architecture, weights, or related technology used by Peec in connection with the Services; and (f) for all other lawful business practices, such as analytics, benchmarking, and reports. End Customer will not interfere with the collection of Usage Data. As between the parties, Peec owns and retains all right, title, and interest, including all related intellectual property and proprietary rights, in and to the Aggregated Data and Usage Data (including any improvements, modifications, and enhancements thereto), the know-how and analytical results generated in the Processing and use thereof. “Usage Data” means information generated from the use of the Services, which data does not identify End Customer’s employees or contractors, any other natural human persons, or End Customer, such as technical logs, data, and learnings about End Customer’s use of the Services, but excluding any identifiable Customer Data. “Aggregated Data” means Customer Data that has been deidentified or aggregated with other data such that the resulting data no longer reasonably identifies End Customer or a specific individual.
1.9 Reservation of Rights. You will not have any rights to the Services except as expressly granted in this EULA. Peec reserves to itself all rights to the Services not expressly granted to you in accordance with this EULA.
1.10 Feedback. If you provide any feedback to Peec concerning the functionality and performance of the Services (including identifying potential errors and improvements), then you hereby assign to Peec all right, title, and interest in and to the feedback, and Peec is free to use the feedback without payment or restriction.
1.11 Third Party Platforms. Use of Third-Party Platforms is subject to End Customer’s agreement with the relevant provider and not this EULA. Peec does not control and has no liability for Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Services or how the Third-Party Platforms or their providers use Customer Data. By enabling a Third-Party Platform to interact with the Services, End Customer authorizes Peec to access and exchange Customer Data with such Third-Party Platform on End Customer’s behalf.
1.12 Confidentiality. You acknowledge that in the course of using the Services, you may receive or have access to non-public information regarding Peec’s products, services, technology, business operations, pricing, or roadmap, including information on Peec’s information security, data protection and compliance practices and the identity of its subprocessors (“Peec Confidential Information”). You agree to: (a) hold Peec Confidential Information in strict confidence; (b) not disclose Peec Confidential Information to any third party without Peec’s prior written consent; and (c) not use Peec Confidential Information for any purpose other than your authorized use of the Services under this EULA. These confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no breach of this EULA by you; (ii) you can document was rightfully in your possession prior to disclosure by Peec; (iii) you receive from a third party without breach of any confidentiality obligation; or (iv) is independently developed by you without use of or reference to Peec Confidential Information. Upon termination of this EULA, you will promptly return or destroy all Peec Confidential Information in your possession or control.
1.13 Personal Data. To the extent Peec will Process End Customer’s Personal Data (as defined in the Data Processing Agreement) to provide the Services to you, each party will comply with its obligations in Peec’s data processing agreement, available at https://peec.ai/legal/data-processing-agreement (“Data Processing Agreement”), which is incorporated into this EULA by reference. In the event of a conflict between this EULA and the Data Processing Agreement regarding the processing of personal data, the Data Processing Agreement prevails. Peec’s processing of personal data for its own purposes as a controller is described in Peec’s privacy policy.
2. FEES
2.1 License Fees. You will not be charged a fee for access to the Services. Fees for the Services are paid by the Business Customer under the Business Customer Agreement.
3. TERM AND TERMINATION
3.1 Term. This EULA is effective beginning when you accept this EULA by first accessing or using the Services, and terminates when (a) terminated in accordance with this EULA, or (b) the Business Customer Agreement terminates or expires, or the Business Customer’s right to make the Services available to you is revoked or suspended (the “Term”).
3.2 Termination. If you violate any provision of this EULA, then Peec may suspend or terminate your access to the Services and this EULA at Peec’s sole discretion, with or without notice to you.
3.3 Post-Termination Obligations; Survival. If this EULA is terminated for any reason, then: your license rights will terminate and you must immediately cease all use of the Services and the APIs; and you will no longer be authorized to access the Services.
3.4 End Customer Obligations on Termination. Upon termination or expiration of this EULA, you will immediately cease all use of the Services and delete or destroy all copies of any materials provided by Peec in connection with the Services. The following Sections will survive expiration or termination of this EULA: 1.3, 1.6 (last two sentences), 1.8, 1.10, 1.12, 3.3, 3.4, 4, 5, 6, and 7.
4. INDEMNIFICATION
4.1 By End Customer. You will indemnify, defend, and hold harmless Peec, its officers, directors, employees, and agents from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense attributable to claims arising out of (a) your violation of the terms of this EULA, (b) your acts or omissions committed through the Services, (c) your Customer Data, and (d) your gross negligence or willful misconduct.
5. DISCLAIMER OF WARRANTIES
5.1 GENERAL DISCLAIMER. EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED IN THIS EULA, THE SERVICES AND SUPPORT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PEEC, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, ACCURACY, AND NON-INFRINGEMENT. END CUSTOMER UNDERSTANDS AND AGREES THAT END CUSTOMER’S USE OF ANY PORTION OF THE SERVICES IS AT END CUSTOMER’S OWN DISCRETION AND RISK, AND THAT PEEC IS NOT RESPONSIBLE FOR ANY DAMAGE TO END CUSTOMER’S PROPERTY (INCLUDING END CUSTOMER’S COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA.
5.2 NO GUARANTEE OF PERFORMANCE. PEEC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PEEC DOES NOT GUARANTEE THE ACCURACY OR INTEGRITY OF CUSTOMER DATA OR OUTPUTS, NOR IS PEEC RESPONSIBLE FOR DELAYS OR FAILURES DUE TO THE INTERNET OR OTHER SYSTEMS OUTSIDE OF PEEC’S CONTROL. PEEC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO ANY PARTICULAR OUTCOME, RESULT, RANKING, VISIBILITY, OR SENTIMENT. FOR THE AVOIDANCE OF DOUBT, PEEC WILL NOT HAVE ANY LIABILITY ARISING FROM OR RELATED TO FAILURES, OUTAGES, ERRORS, OR DATA LOSS CAUSED BY A THIRD-PARTY PLATFORM, INCLUDING ANY CHANGES TO OR DEPRECATION OF THIRD-PARTY APIS. END CUSTOMER’S USE OF THE SERVICES IS AT END CUSTOMER’S OWN DISCRETION AND RISK. PEEC IS NOT LIABLE FOR ANY DAMAGES RESULTING FROM END CUSTOMER’S USE OF OR RELIANCE ON THE SERVICE’S OUTPUT.
5.3 ARTIFICIAL INTELLIGENCE DISCLAIMER. END CUSTOMER ACKNOWLEDGES THAT PARTS OF THE SERVICES USE ARTIFICIAL INTELLIGENCE (“AI”) AND MACHINE LEARNING, WHICH OPERATE ON PROBABILISTIC REASONING. THE SERVICES ANALYZE AND DEPEND ON OUTPUTS GENERATED BY THE THIRD-PARTY AI MODELS, SERVICES, OR TOOLS THAT USE AI, MACHINE LEARNING, OR SIMILAR TECHNOLOGY, MADE AVAILABLE IN THE SERVICES FROM TIME TO TIME (“COVERED AI MODELS”) THAT PEEC DOES NOT OWN, OPERATE, OR CONTROL. THIS MEANS THE OUTPUTS MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, REPRODUCIBLE, OR ERROR-FREE AND MAY CONTAIN ERRORS, INCONSISTENCIES, OR INACCURACIES (INCLUDING THE QUALITY OF THE INPUT FROM WHICH IT IS DERIVED AND THE INHERENT TECHNICAL LIMITATIONS AND PROBABILISTIC NATURE OF MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TECHNOLOGY USED IN CONNECTION WITH THE SERVICES). END CUSTOMER IS SOLELY RESPONSIBLE FOR DETERMINING THE EFFICACY, ACCURACY, LAWFULNESS, AND APPROPRIATENESS OF THE SERVICES FOR ANY GIVEN USE, INCLUDING AS A REPLACEMENT FOR ANY COMPLIANCE MEASURE. THE USE OF AI IS SUBJECT TO LEGAL AND REGULATORY UNCERTAINTIES THAT COULD IMPACT END CUSTOMER’S ABILITY TO USE THE SERVICES IN THE FUTURE. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAWS, PEEC HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, SUITABILITY, OR REGULATORY COMPLIANCE OF ANY INFORMATION, OUTPUT OR RESULTS PROVIDED BY THE SERVICE AND ANY ACTIONS OR INACTIONS TAKEN IN RELIANCE ON SUCH INFORMATION. ANY RELIANCE ON THE SERVICE’S AI ELEMENTS IS SOLELY AT END CUSTOMER’S OWN RISK. THE SERVICE’S AI ELEMENTS PROVIDE ANALYTICS AND INFORMATIONAL INSIGHTS ONLY, AND DO NOT CONSTITUTE STRATEGIC, MARKETING, BUSINESS, LEGAL, OR OTHER PROFESSIONAL ADVICE, AND ARE NOT A SUBSTITUTE FOR END CUSTOMER’S OWN INDEPENDENT JUDGMENT.
5.4 NO ADDITIONAL FUNCTIONALITY. END CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE LIMITED TO THE FUNCTIONALITIES EXPRESSLY DESCRIBED IN THIS EULA, AND THAT PEEC DOES NOT, IS UNDER NO OBLIGATION TO, AND MAKES NO REPRESENTATION, WARRANTY, OR COMMITMENT THAT IT WILL: (A) ASSESS OR ANALYZE COLLECTED DATA BEYOND THE FUNCTIONALITIES EXPRESSLY THEREIN; (B) PROMOTE OR INFLUENCE THE VISIBILITY AND/OR SENTIMENT OF END CUSTOMER’S BRAND; OR (C) PROVIDE SOLUTIONS, STRATEGIC ADVICE, OR ADAPTATIONS TO END CUSTOMER’S BUSINESS MODEL.
6. LIMITATION OF LIABILITY
6.1 SUBJECT TO SECTION 6.3, IN NO EVENT SHALL PEEC BE LIABLE FOR ANY (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSSES OR DAMAGE, (B) LOSS OF DATA OR INFORMATION (WHETHER DIRECT OR INDIRECT), (C) LOSS OF PROFITS, REVENUE, OPPORTUNITY, CONTRACTS, ANTICIPATED SAVINGS OR GOODWILL (WHETHER DIRECT OR INDIRECT), IN EACH CASE (A) TO (C) REGARDLESS OF (I) WHETHER SUCH LOSSES OR DAMAGES WERE FORESEEABLE, (II) WHETHER PEEC WAS AWARE OR WARNED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGE, OR (III) THE BASIS ON WHICH SUCH CLAIM IS MADE (E.G. CONTRACT, TORT (INCLUDING NEGLIGENCE)).
6.2 SUBJECT TO SECTION 6.3 IN NO EVENT SHALL PEEC’S AGGREGATE LIABILITY ARISING OUT OF OR IN RELATION TO THE EULA BE GREATER THAN THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNTS PAID BY THE BUSINESS CUSTOMER TO PEEC UNDER THE BUSINESS CUSTOMER AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY WHICH ARE DIRECTLY ATTRIBUTABLE TO YOUR USE OF THE SERVICES (AND NOT USE BY THE BUSINESS CUSTOMER OR OTHER THIRD PARTIES ON BEHALF OF SUCH BUSINESS CUSTOMER).
6.3 NOTHING IN THIS EULA LIMITS OR EXCLUDES ANY LIABILITY TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED OR EXCLUDED PURSUANT TO APPLICABLE LAW.
7. MISCELLANEOUS
7.1 Compliance with Law. You shall comply with all applicable laws, regulations, ordinances, and generally accepted guidelines that apply to your use of the Services.
7.2 Governing Law. The EULA and any dispute or claim arising out of or in connection with it or its subject-matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its provisions governing conflicts of laws and the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
7.3 Arbitration. Any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with JAMS’ Comprehensive Arbitration Rules and Procedures provided that if you are not based in the USA, then such arbitration shall be in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of three arbitrators provided that if the claim seeks damages of less than one (1) million dollars then there shall be a single arbitrator. The place of arbitration will be New Castle County, Delaware. Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies and remains in such court. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This arbitration agreement shall be governed by the law of the State of Delaware. YOU AND PEEC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PEEC AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING. If this class-action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in court, and any remaining claims shall be arbitrated. Awards of the panel of arbitrators shall be final and binding on the parties. Judgment on any award so rendered may be entered in any court of competent jurisdiction and the parties hereby consent to the jurisdiction of such court for purposes of enforcement of such award. The costs and expenses of the arbitration, including the parties’ reasonable attorneys’ fees, shall be borne by the parties in proportion to each party’s relative success on the merits. The existence of any proceedings and all submissions, correspondence and evidence relating to such arbitration including the final award shall be confidential and unless required by applicable law, neither party nor any arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
7.4 Assignment. You may not assign, or in any way transfer, novate, or dispose of the EULA or any rights or obligations under the EULA without the prior written consent of Peec. Peec may freely assign this EULA and any of its rights under this EULA.
7.5 Modifications to the Services. Peec may modify or discontinue all or any part of the Services at any time (including by limiting or discontinuing certain features or functionality of the Services), temporarily or permanently, without notifying End Customer. Peec will have no liability for any change or modification to the Services or any suspension or termination of access to or use of the Services as a result thereof.
7.6 Severability. Each provision of the EULA is severable and distinct from the others. If any provision of the EULA is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the EULA which shall remain in full force and effect and the terms and conditions of the EULA shall be carried out as nearly as possible according to its original terms and intent.
7.7 No Waiver. No failure or delay by a party to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
7.8 Notice. A notice may be served by delivery to Peec at its registered office or by email to support@peec.ai. Notices to you may be served by email via the email you used to agree to this EULA. A notice shall be deemed served at the time of acknowledgment of receipt for an email.
7.9 No Agency; Entire Agreement. Nothing in the EULA shall constitute or create a joint venture, partnership, or any other similar arrangement between the parties. This EULA constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter.
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