Terms & Conditions

Effective Date: October 1, 2022

Description of Services

PeachyAR provides an augmented reality application that facilitates the exchange of content in public spaces between users (“Users”), PeachyAR, third-party content publishers (“Publishers”), and other applications, features, software, databases, and services (collectively referred to as “Services”). These Services include the provision of augmented reality layers, including text, images, graphics, 2D models, videos, links, and reference images for content display. Users can also generate or add their own content through interactions with other users (“User Generated Content”). It is essential to respect locations, intellectual property rights, privacy, and the rights of third parties while using our Services.

Acceptance of Terms

1. Agreement: By using the Services provided by PeachyAR, you agree to these Terms and Conditions of Use (“T&C”). These T&Cs form a binding agreement between you and PeachyAR. It includes any legal notices that PeachyAR may post from time to time, such as our Privacy Policy. Continued use of the Services constitutes acceptance of these T&Cs.

2. Age Requirement: You must be at least 13 years old to access and use the Services. If you are between 13 and 18 years of age, you must read these T&Cs with your legal guardian(s) and obtain their permission for access and use.

Use of Services

1. User-Generated Content: You are solely responsible for any User-Generated Content you exchange, provide, or upload, whether directly or through a third party. Be cautious about the context and environment when sharing content. You must refrain from posting offensive, degrading, indecent, defamatory, obscene, or objectionable content, as well as content that violates privacy, intellectual property, or other rights of third parties or violates laws and regulations.

2. Interference: You shall not engage in any activity that directly or indirectly interferes with or disrupts the Services or compromises the security of your devices.

3. Third-Party Content: Third-party content may be protected by intellectual property rights. You may not modify, sell, or distribute Third-Party Content.

4. Use Restrictions: You shall not modify, copy, create derivative works, resell, trade, rent, license, loan, or distribute the Services.

5. External Links: The Services may contain links to other websites or sources for which PeachyAR assumes no responsibility.

6. Exposure to Content: You may be exposed to Third-Party Content that is offensive, indecent, or objectionable. PeachyAR does not endorse such content and cannot verify its accuracy, usefulness, or harmlessness.

7. Account Information: You are responsible for providing accurate and up-to-date information during registration. Safeguard your account and passwords. We may use third-party cookies; refer to our Privacy Policy.

8. Device Security: Protect the security of content, including User Generated Content, stored on your devices.

9. Service Suspension: PeachyAR may temporarily or permanently suspend Services provision at its sole discretion.

10. User system resource: In the process of training target images, the resources of the user’s system will be used.

Fees, Payments, and Refunds

1. Fees: You must pay all applicable fees as per your pricing plan. Fees should be paid by the due date and manner specified in invoices or billing agreements.

2. Pricing Changes: PeachyAR reserves the right to change payment terms and pricing at its discretion with notice.

3. Refund Policy: All fees for Services are non-refundable, except as required by applicable law. Refer to our policy for specific details.

4. Cost Responsibility: You are responsible for all costs associated with using the Services.

Intellectual Property Rights

1. Ownership: PeachyAR or its licensors own all intellectual property rights in the Services. Unless explicitly permitted, you may not reverse engineer, decompile, or extract source code.

2. Trademarks: Unless agreed otherwise, you may not use the PeachyAR logo or any trademarks, service marks, graphics, or logos associated with PeachyAR.

3. Content Ownership: You retain rights in posting or displaying content.

4. License: PeachyAR grants you a personal, non-assignable, royalty-free right to use the software and content for Services in connection with your use.

5. User Content License: You grant PeachyAR and its affiliates a perpetual, worldwide, royalty-free license to use, reproduce, modify, translate, publish, display, and distribute User Generated Content.

Liability and Warranties

1. Service “As Is”: The Services are provided “as is” and “as available.” PeachyAR disclaims all warranties, including merchantability, for a particular purpose, non-infringement, and error-free operation.

2. Limitation of Liability: PeachyAR, its affiliates, suppliers, and licensors are not liable for any damages or losses incurred about your use of the Services, except in cases of willful intent or gross negligence.

3. User Representations: You represent that your use of the Services complies with instructions, laws, and regulations and will not infringe third-party rights. You indemnify PeachyAR against any claims resulting from your service.

Termination

1. User Termination: You can terminate your use of the Services. Pre-installed Services may not be uninstalled.

2. PeachyAR Termination: PeachyAR may terminate the agreement if you breach T&C, violate the law, or if PeachyAR decides to suspend Services.

3. Consequences: You must cease using the Services immediately upon termination and remove related content from your devices. Specific provisions survive termination.

Miscellaneous

1. Governing Law: These T&Cs are governed by Turkey law, with disputes to be resolved in Istanbul, Turkey.

2. Severability: Other provisions remain in full force and effect if any provision is deemed invalid.

3. Non-Waiver: You agree that if PeachyAR does not exercise or enforce any legal right or remedy, this will not constitute a formal waiver of PeachyAR’s rights.

4. Assignment: We may, at any time and without giving notice to you, assign our rights under any agreement with you.

Contact Information

For questions or comments about these Terms and Conditions, please get in touch with us:

Email: [email protected]

Thank you for using PeachyAR! Your understanding and compliance with these terms are greatly appreciated.