terms of service

hello :)

in case you’re not familiar, peer is an app that makes it fun and easy to find things to do, know what your friends and family are up to and preserve memories of your real life interactions. traveling to a new country? show off how much of the world you’ve explored? lost your friends at a festival, on the beach, or on the slopes? we’ve got you covered! peer helps you keep up with the people you care about the most, organize your experience, create a personal diary of where you've been, and showcase all the places you've visited. peer is your people, your places, your world. let’s go!

we’ve drafted these terms of service (which we simply call the “terms”) so you’ll know the rules that apply when you use the peer app or any of our other products or services that link to these terms (we refer to them as the “services”). although we’ve tried our best to strip the legalese from the terms, there are places where these terms may still read like a traditional contract. there’s a good reason for that: these terms do indeed form a legally binding contract between you and peer inc. (“peer”) so please read them carefully 😙

in order to use the services, you must have accepted these terms, which are presented to you (i) when you first open the app and (ii) when we make any material changes to the terms. of course, if you don’t accept them, then don’t use the services

1. who can use the services

no one under 9 is allowed to create an account or use the services. additionally, you must be old enough to consent to the processing of your information in your country
by using the services, you state that you can form a binding contract with peer and will comply with these terms and all applicable local, state, national, and international laws, rules, and regulations.
the services should not be used for business or commercial purposes. if you wish to use the services for businesses or commercial purposes please contact us at support@peer.inc

2. your account

in order to use the services you must create an account. creating an account is easy: just follow the steps in the app! here is some important information about your account:

• name, username and avatar
  we ask you to pick a username when you create an account. this is the name that will display when you use the app. to help your friends recognize you, you can also choose to upload an image of yourself of use an avatar but remember: most of the information in your profile is public and will be visible to the peer community. this means that friends of friends can find you via the public friend lists and if you use social features your profile may be visible to larger peer community
• phone number and email verification
  you will need an active phone number to create an account. to make sure other people don’t start creating accounts with your phone number, we ask you to verify your phone number when creating an account. we do this by sending a text message with a verification code to the phone number you specify when you register. to complete the registration process you will need to enter the verification code in the peer app. we also ask for your phone number if you want to use our web app, and will send a notification to your device to confirm you’re the one requesting access. some parts of the web app also requires email verification. when you use a feature that requires it, we will also send a code to your email address to verify. since your peer account is tied to your phone number, please make sure that your phone number remains valid in order to continue using the services. if your phone number becomes invalid, you will be able to update it. this is when your verified email becomes handy because from that, we will know it is you that requested the change
• otp (one time passcodes)
  by voluntarily providing your phone number, you agree to receive otps via whatsapp or viber for the purpose of verifying your identity and authorizing transactions on platforms or services provided by the company. you understand that otps are a critical security measure, and they are necessary to access certain features or services provided by the company. by entering your phone number during registration, account setup or login, you acknowledge and consent to the receipt of otps via whatsapp or viber for the purpose of verifying your identity and authorizing transactions on platforms or services provided by peer inc. you understand that the otps sent via whatsapp or viber are sensitive and confidential information meant for your personal use only. you agree not to share or disclose otps with anyone else. you are responsible for the security of your whatsapp or viber account and your mobile device. any unauthorized access to your messaging platforms or device leading to the compromise of otps shall be your responsibility. you may withdraw your consent to receive otps via whatsapp or viber at any time by contacting our customer support or through your account settings. however, please note that withdrawing consent may limit your access to certain services provided by the company, as otps are essential for authentication and security.
• geolocation
  peer is a location based app. therefore, we need to access and store your location data in order to provide the services to you. during registration we will request access to your device’s location. you can turn your device’s location data on and off at any time through your device settings and settings in the app but remember that many of the services work best when device location is turned on. we understand that there may be times that you don’t want to share your location data with all your friends. with that in mind, we have built some cool features in the app that allow you to select different levels of location sharing on a per friend basis or even with the wider peer community. we provide more details on this in section 3 of these terms and in our privacy policy. have a look: we think you’ll like them! 😊
• address book and friends
  peer is the most fun when you’re interacting with your friends in real life! because of this, we ask for permission to access your address book. this will give you the ability to add friends that are already on peer as well as invite pals in your address book who have not yet joined peer. if you’re inviting friends to peer keep in mind that you’ll be inviting them via text message, so be aware that your carrier may charge you for sending those text messages depending on your phone plan. also, when inviting friends, please be considerate and don’t spam your entire address book 😘
• notifications
  you can turn on notifications to get updates when friends accept your requests, when friends receive messages, when friends add you to a widget, and interesting features of your friends’ whereabouts. for example, when they’ve traveled to another country, insights about that country will be shown to you so that you can feel what’s its like being right there with them
• account security
  once you have created your account, you are responsible for any activity that takes place on your peer account. since creating a peer account doesn’t require a password, make sure you protect your phone with a strong passcode. also, don’t give your phone to someone else if you don’t want them interacting with your account. if you suspect fraudulent use or hijacking of your account please inform us immediately at support@peer.inc.we will do our best to help you out as soon as possible 👮🏿‍👮🏻

3. location based service

remember that peer is a location-based service. in order to provide the services, peer requires access to the location data of your device and needs to keep a record of your location history. you will first have to grant permission to peer before we can access your location data. this is done via the android and ios permission screens and/or device settings during registration. unless you have selected a different device permission or app setting, your device location will be shared when the app is running in the background and the foreground. this means that, once proper permissions are granted, you don't have to actively open the app to share your position.
if you want to stop sharing your location data, you can do so at any time in your device settings. when you disable location sharing through your device settings you will be unable to use the services. keep in mind that we’ve also implemented some cool features in the app that allow you to limit your location sharing on a person by person basis. visit your profile to see what we mean
you understand the services work under normal conditions, but that the accuracy of location data depends on a number of factors such as sufficient network coverage, wifi connection, and so on. for example, if you’re in a building or area with low network coverage the map might not display correctly and your position in the app may not reflect your accurate location in real life
this point may be obvious, but remember that your location on the map is the location of your device. for example, if you forget your device somewhere or lent it to a friend, your location on peer will not display your physical location, but instead the location of your device
peer is a social network. this means that by default we share your actual location with new friends you accept and you will in turn be able to see the location of your new friend unless you or your friends changes location sharing preferences through either the device settings or the app itself. if you opt-in, you may even share the world you’ve discovered and places you’ve been to with the peer community
because peer is a social network, we believe that most features and products work best when they are on by default. for example, if you check-in at a place or tag a friend at a place, that information will be visible to the peer community. if you don’t want that information to be shared, then you can always remove it or make it private. because of these inherently social components of peer, you should only add friends to peer who you trust. are friends spamming or stalking you? then they probably aren’t good friends, and you should consider removing them immediately and report them from their profile
you understand that for our services to work, we need to store your location data as long as you are actively using the services. we have provided more details on our deletion and retention periods in our privacy policy. have a look here
the maps we use to show your location in the app are sourced from third parties. there may be geographical areas throughout the world that have not yet been processed and/or changes made in the world that the maps do not yet reflect such as new streets or changed street names, and so on. we love receiving feedback, so if you do spot any issues with the map please let us know: support@peer.inc. we will do our best to fix bugs and other issues you may flag ☝️

4. rights we grant you

peer grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the services. this license is for the sole purpose of letting you use and enjoy the services’ benefits in a way that these terms allow
any software that we provide you may automatically download and install upgrades, updates, or other new features. you may be able to adjust these automatic downloads through your device’s settings
you may not copy, modify, distribute, sell, or lease any part of our services. nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission to do so. however, we do love to partner with great companies, awesome engineers, and really creative designers, so don’t hesitate to reach out through support@peer.inc!

5. privacy

your privacy matters to us. you can learn how your information is handled when you use our services by reading the privacy policy. we encourage you to give the privacy policy a careful l👀k

6. respecting other people’s rights

peer respects the rights of others, and so should you. you, therefore, may not use the services, or enable anyone else to use the services in a manner that:

• violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
• bullies, harasses, or intimidates;
• defames;
• spams or solicits our users

you must also respect the rights of peer. these terms do not grant you any right to do any of the following (or enable anyone else do so):

• use branding, logos, designs, photographs, videos, or any other materials used in our services;
• copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the services or the content on the services except as authorized in these terms;
• use the services, any tools provided by the services, or any content on the services for any commercial purposes without our consent

7. safety

we try hard to keep our services a safe place for all users, but we can’t guarantee it. that’s where you come in. by using the services, you agree that:

• you will not use the services for any purpose that is illegal or prohibited in these terms
• you will not use any robot, spider, crawler, scraper, or other automated means or interface to access the services or extract other users’ information
• you will not use or develop any third-party applications that interact with the services or other users’ content or information without our written consent
• you will not use the services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the services, or that could damage, disable, overburden, or impair the functioning of the services
• you will not use or attempt to use another user’s account without their permission
• you will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence
• you will not upload viruses or other malicious code or otherwise compromise the security of the services.
• you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the services that you are not authorized to access
• you will not probe, scan, or test the vulnerability of our services or any system or network
• you will not encourage or promote any activity that violates these terms
  we also care about your safety while using our services. so please don’t use our services in a way that would distract you from obeying traffic or safety laws. for example, never use the services while driving

8. third-party services

if you use a service, feature or functionality that is operated by a third party and made available through our services (including services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. peer is not responsible or liable for a third party’s terms or actions taken under the third party’s terms

9. personal information and ai llm usage

• personal information collection
  • we collect personal information from you to enhance your experience with our services. this includes, but is not limited to, your name, email address, and any other information you provide.
• use of ai language models (llms)
  • to provide a personalized experience, we utilize advanced ai language models (llms). these ai models analyze your data to tailor responses, recommendations, and interactions according to your preferences and needs. You understand that ai may offer information that could be incorrect. You are responsible to review for accuracy and will not rely on us to do so.
  • We reserve the right to charge fees for this service upon providing prior written notice.
• data sharing
  • your personal information will be shared with ai llms solely for the purpose of creating your personalized experience.
  • we will take reasonable measures to guard against the sharing of your personal information with any other external sources or third parties outside of our ai processing systems.
• data security
  • we implement robust security measures to ensure the safety and confidentiality of your personal information.
  • your data is protected against unauthorized access, use, or disclosure.
• your rights under gdpr
  • right to access: you have the right to request access to the personal data we hold about you.
  • right to rectification: you can request correction of any inaccurate or incomplete personal data.
  • right to erasure: you have the right to request the deletion of your personal data under certain circumstances.
  • right to restrict processing: you can request the restriction of processing your personal data under certain conditions.
  • right to data portability: you have the right to receive your personal data in a structured, commonly used, and machine-readable format.
  • right to object: you can object to the processing of your personal data under certain circumstances.
  • right to withdraw consent: you can withdraw your consent to the processing of your personal data at any time.
• data retention
  • your personal information will be retained only for as long as necessary to fulfill the purposes for which it was collected, including the purposes of satisfying any legal, accounting, or reporting requirements.
• data transfers
  • if your personal data is transferred outside the european economic area (eea), we ensure it is protected by appropriate safeguards, such as the standard contractual clauses approved by the european commission.
• consent
  • by using our services, you consent to the collection, use, and sharing of your personal information as outlined in these terms and conditions.
  • You agree that consent is freely given, specific, informed, and unambiguous. you have the right to withdraw your consent at any time.
• changes to terms
  • we reserve the right to modify these terms and conditions at any time. any changes will be communicated to you through our services or other appropriate means.
• contact information
  • if you have any questions or concerns about how your personal information is handled or wish to exercise your gdpr rights, please contact our data protection officer at [email address] or [phone number]
  • your privacy and trust are paramount to us, and we are committed to protecting your personal information in compliance with gdpr and other applicable data protection laws.

10. modifying the services and termination

we’re relentlessly improving our services and creating new ones all the time. this means that we may add or remove features, products, or functionalities, and we may also suspend or stop the services altogether. we may take any of these actions at any time, and when we do, we will try to notify you beforehand—but this won’t always be possible
though we hope you remain a lifelong member of the peer community, you can terminate these terms at any time and for any reason by deleting your account. you can delete your account by contacting support@peer.inc 😢
peer may also terminate these terms with you if you fail to comply with these terms, the law, or for any reason outside of our control. and while we’ll try to give you advance notice, we can’t guarantee it. our right to terminate these terms means that we may stop providing you with any services, or impose new or additional limits on your ability to use the services. for example, we may deactivate your account due to prolonged inactivity (12 months)
regardless of who terminates these terms, both you and peer continue to be bound by sections 2, 6, 9 – 17 of the terms

11. subscriptions

Peer offers a premium auto-renewable subscription called Peer 2x.
General Terms :
Auto-Renewal: Your subscription renews automatically unless canceled at least 24 hours before the end of the current period.
Billing: Payments are charged to your Apple ID account.
Management and Cancellation: You can manage or cancel subscriptions via Settings → Apple ID → Subscriptions.
Refunds: Payments and refunds are handled by Apple. Peer cannot issue refunds for App Store purchases.

12. apple app store minimum terms

If you access or download the Peer app from the Apple App Store, you acknowledge and agree:
Agreement: This agreement is between you and Peer Inc., not Apple. Apple has no responsibility for the app or its content.
License: The license granted is limited to Apple-branded devices you own or control and is subject to the Apple Media Services Terms and App Store Usage Rules.
Apple Responsibility: Apple is not responsible for maintenance, support, warranties, claims, or intellectual property disputes.
Export Compliance: You are not in a U.S.-embargoed or restricted country and are not on restricted-party lists.
Third-Party Beneficiary: Apple is a third-party beneficiary and may enforce these terms.

13. indemnity

you agree, to the extent permitted by law, to indemnify, defend and hold harmless peer and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the services; (b) your content; and (c) your breach of these terms

14. disclaimers

we try to keep the services up and running and free of annoyances, but we cannot promise that we will always succeed
the services, including the use of AI LLM, are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. in addition, while peer attempts to provide a good user experience, we do not represent or warrant that: (a) the services will always be secure, error-free or timely; (b) the services will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the services will be timely or accurate
if the law of the country where you live does not allow the exclusions of liability provided for in this clause, those exclusions shall not apply
peer and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our services. you understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which peer, nor their affiliates will be responsible for
Peer Inc. will have no liability or responsibility arising in any manner from the use of AI LLM, including but not limited to, the use of the data, accuracy of the results, reliability or content of any information provided through AI LLM, or any errors contained in the content it provides.
nothing in these terms will exclude or limit any responsibility we may have to remove content if so required by the law of the country where you live

15. limitation of liability

peer and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the services or inability to use the services; (b) your access to or inability to access the services; (c) the conduct or content of other users or third parties on or through the services; or (d) unauthorized access, use or alteration of your content. in no event will peer or their affiliates’ aggregate liability for all claims relating to the services exceed the greater of $100 usd
if the law of the country where you live does not allow any limitation of liability provided for in this clause, that limitation will not apply

16. dispute resolution

if you have a concern, let’s talk. we totally encourage you contact us first at support@peer.inc and we’ll do our best to resolve the issue

17. exclusive venue

to the extent the parties are permitted under these terms to initiate litigation in a court, both you and peer agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the terms or the use of the services will be litigated exclusively in united states courts, unless this is prohibited by the laws of the country where you reside. you and peer consent to the exclusive jurisdiction of those courts

18. choice of law

united states laws govern these terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these terms or their subject matter. the courts in some countries may not apply the laws in the united states to some disputes related to these terms. if you reside in one of those countries, the laws of your home country may apply to those disputes

19. severability

if any provision of these terms is found unenforceable, then that provision will be severed from these terms and not affect the validity and enforceability of any remaining provisions

20. final terms

• these terms make up the entire agreement between you and peer and supersede any prior agreements
• these terms do not create or confer any third-party beneficiary rights
• if we do not enforce a provision in these terms, it will not be considered a waiver
• we reserve all rights not expressly granted to you.
• you may not transfer any of your rights or obligations under these terms without our consent

contact us
you can always contact us at support@peer.inc if you have questions or want to submit feedback about our services. we always love to hear from our users. if you do happen to volunteer feedback or suggestions just know that we can use your ideas without compensating you. if you’re full of ideas for peer and would like to be compensated, have a look at our job postings
these terms were last updated on august 2, 2023. see you soon on peer!
😘
peer