The terms of this agreement (“Terms of Service”) govern the relationship between you and Peekabeans (“Peekabeans,” “we,” “us,” “our”) regarding your use of the Peekabeans mobile application (the “Service”). Use of the Service is also governed by Peekabeans’ Privacy Policy (“Privacy Policy”), which informs users of our data collection practices.

 

BY USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND PRIVACY POLICY, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

 

If you are below the age of 16, you represent that your legal guardian has reviewed and agreed to these Terms of Service. Peekabeans may, at any time, require proof of your identity and age and/or of consent from your legal guardian, and may restrict use of the Service until such proof has been verified by us.

We reserve the right, in our sole discretion, to change these Terms of Service, our Privacy Policy, and any other Peekabeans policies by publishing updated terms. You accept such changes by continuing to use the Service. If you do not agree to any portion of the Terms of Service, Privacy Policy, or any other Peekabeans policies, your license to use the Service will terminate, and you must immediately stop using the Service.

 
Account and Subscription

You are not required to create a user account with Peekabeans to access the Service. Users must access the Service by logging into their Apple Account, which is governed by Apple’s Terms of Service and Privacy Policy. It is recommended that you review Apple’s Terms of Service and Privacy Policy before using the Service. Peekabeans does not collect your personal data when you use the Service but makes no representations whatsoever about any third-party (e.g., Apple) which may be required to use the Service.

 

Access to certain parts of the Service requires a subscription. A subscription gives you access to all content available in the Peekabeans mobile application as long as it is active. You may cancel your subscription online at any time with no cancellation fee. You can use your subscription on any device registered with your Apple Account. Your subscription will automatically renew unless auto-renew is turned off at least 24-hours before the end of the current billing period. Cancellation will not go into effect until the end of the current billing period.

 

All payments in connection with the Service are made through your Apple Account. More information can be found here: https://support.apple.com/en-us/HT202039. Any charges or obligations that you incur in your dealings with third-party vendors are your responsibility. If you seek a refund for any reason in connection with third-party dealings, you must seek it from the third-party vendor, not Peekabeans.

 
Grant of a Limited License to Use the Service

If you continue to comply with these Terms of Service, Privacy Policy, and any other relevant Peekabeans policies, Peekabeans grants you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Service for your own non-commercial entertainment purposes on a computer or mobile device. You agree to use the Service in accordance with all applicable laws (including laws relating to copyright), rules and regulations, or other restrictions on use of the Service, as well as these Terms of Service.

 
Licence Limitations

Peekabeans may terminate your license immediately if Peekabeans determines, in its sole discretion, that you are in violation of any of the following License limitations.


You agree that you will not, under any circumstance:

  • Allow anyone under the age of 16 to use the Service without the permission of their legal guardian. You accept full responsibility for any unauthorized use by a minor.

  • Use the Service for anything other than your own personal, non-commercial, entertainment purposes.

  • Copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, publicly perform or display, modify, create derivative works, upload, edit, frame, transmit, rent, lease or sublicense, or in any way exploit, any part of the Service.

  • Circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.

  • Copy, reproduce, distribute, adapt, translate, modify, decompile, disassemble, reverse engineer or derive the source code of any software, applications, or programs used in connection with the Service.

  • Copy, modify, alter, remove, or deface any trademarks, service marks, or other intellectual property displayed or made available through the Service, or use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users of the Service.

  • Interfere or attempt to interfere with the operation of the Service, or the servers or networks connected to the Service including through service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host.

  • Use or attempt to use the Service in any manner to avoid incurring charges where charges would otherwise be payable.

  • Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users’ experiences when using the Service.

  • Use any data mining tools, robots, or similar data gathering and extraction tools on the Service or frame any portion of the Service, it being agreed that should we become aware that your device has been jailbroken or rooted or has undergone any other similar process, you will not be permitted to access the Service on your device.

  • Use the Service in a manner that is contrary to law or that would serve to restrict or inhibit any other user from using or enjoying the Service;

  • Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service;

  • Use the Service if, previously, you have been removed from the Service by Peekabeans.

 
Termination

PEEKABEANS MAY AT ANY TIME CANCEL, TERMINATE, RESTRICT OR SUSPEND YOUR ACCESS TO THE SERVICE FOR ANY REASON. ANY SUCH CANCELLATION, TERMINATION, RESTRICTION, SUSPENSION OR DELETION IS IN ADDITION TO, AND NOT IN LIEU OF, ANY RIGHTS AND REMEDIES AVAILABLE TO PEEKABEANS UNDER THESE TERMS OF SERVICE OR ANY APPLICABLE LAW. THE AGREEMENT FORMED BY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, OUR PRIVACY POLICY AND OTHER POLICIES WILL CONTINUE TO APPLY TO AND BE BINDING UPON YOU IN RESPECT OF YOUR PRIOR USE OF THE SERVICE. FOR GREATER CERTAINTY, ANY INDEMNIFICATION, WARRANTIES AND LIMITATIONS OF LIABILITY UNDER THE TERMS OF SERVICE REMAIN IN EFFECT FOLLOWING ANY CANCELLATION, TERMINATION, RESTRICTION OR SUSPENSION OF YOUR ACCESS TO THE SERVICE.

THIS AGREEMENT WILL TERMINATE AUTOMATICALLY IF YOU FAIL TO COMPLY WITH ITS TERMS AND CONDITIONS. IN SUCH EVENT, YOU MUST CEASE AND DESIST FROM ACCESSING ANY COMPONENTS OF THE SERVICE. WITH REGARD TO THE SERVICE OR ANY COMPONENTS OF THE SERVICE DELIVERED ON A PHYSICAL STORAGE MEDIUM, YOU CAN END THIS AGREEMENT BY DELETING AND PERMANENTLY PURGING THE SERVICE AND ANY COMPONENTS OF THE SERVICE FROM ANY CLIENT SERVER, COMPUTER OR MOBILE DEVICE ON WHICH IT HAS BEEN INSTALLED.

 
Ownership

Peekabeans retains ownership of all rights, title and interest to the Service (including without limitation all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer code, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, character profile information, documentation and moral rights whether registered or not and all applications thereof). The Service is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Service may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Peekabeans.

 
Privacy

Peekabeans values your privacy and recognizes the importance of protecting any information collected about you. Peekabeans has created a Privacy Policy to inform you how, why, and to what extent Peekabeans collects and uses personal and non-personal information obtained through the Service or by other means.

 
No Warranty

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. PEEKABEANS MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE. PEEKABEANS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. PEEKABEANS DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL FUNCTION UNINTERRUPTED, ERROR FREE OR AT ALL, OR THAT ALL DEFECTS IN THE SERVICE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, LIMITED OR IMPLIED WARRANTIES, AND IN SUCH JURISDICTIONS, PEEKABEANS’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 
Limitation of Liability

IN NO EVENT SHALL PEEKABEANS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LOSSES OR DAMAGES CONNECTED WITH OR CONSISTING OF LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, CONSOLE, COMPUTER OR HANDHELD DEVICE FAILURE, ERRORS IN AND LOST BUSINESS OR OTHER INFORMATION AS A RESULT OF POSSESSION, USE OR MALFUNCTION OF THE SERVICE, OR PERSONAL INJURIES, EVEN IF PEEKABEANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL PEEKABEANS’ AGGREGATE LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU, IF ANY, FOR YOUR USE OF THE SERVICE DURING THE PREVIOUS THIRTY (30) DAYS.

 
Indemnification

You agree to indemnify, defend and hold harmless Peekabeans, its partners, affiliates, contractors, licensors, officers, directors, employees, independent contractors, and agents from all claims, damages, costs and expenses (including reasonable legal fees) arising directly or indirectly from your unlawful or improper acts or omissions in connection with your use of the Service, if any; any breach by you of these Terms of Service; and your violation, alleged violation or misappropriation of any intellectual property right. You shall use your best efforts to cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

 
Inspection

Subject to our Privacy Policy, we reserve the right to investigate you if we suspect you have violated these Terms of Service and/or any applicable laws. We may seek to gather information from you or about your use of the Service in furtherance of this purpose. We may suspend your use of the Service if your conduct is under investigation. If we believe, in our sole discretion, that a violation of these Terms of Service and/or any applicable laws has occurred, we may take any corrective action deemed appropriate.

BY ACCEPTING THESE TERMS OF SERVICE, YOU WAIVE AND HOLD HARMLESS PEEKABEANS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PEEKABEANS IN GOOD FAITH DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY PEEKABEANS.

 
Assignment

Peekabeans may assign these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or obligations under these Terms of Service or our Privacy Policy without Peekabeans’ prior written consent, and any unauthorized assignment by you is ineffective.

 
No Waiver

The waiver by Peekabeans, or its decision to not enforce any provision, condition or requirement of these Terms of Service, shall not constitute a waiver of any future right of Peekabeans to enforce or rely upon such provision, condition or requirement.

 
Entire Agreement

These Terms of Service, including our Privacy Policy and other policies, constitute the entire agreement and supersede any previous agreement between you and Peekabeans relating to the access and use of the Service and shall not be modified except by us as set out herein.

 
Severability

If any portion of these Terms of Service is determined to be unenforceable, invalid or illegal for any reason whatsoever it shall not affect the enforceability, validity or legality of the remaining portions of these Terms of Service. Such unenforceable, invalid or illegal paragraph or portion thereof shall be deemed to be severed from the remainder of these Terms of Service.

 
 Equitable Remedies

Violation of these Terms of Service may result in irreparable damage to Peekabeans. Peekabeans shall be entitled, without bond, other security or proof of damages to equitable remedies (such as injunctive relief) with respect to your breach of any of these Terms of Service. This is no way limits Peekabeans’ rights to claim additional available remedies.

 
Governing Law

These Terms of Service shall be governed by the laws of the province of Quebec, Canada, and the federal laws of Canada as applicable herein. The United Nations Convention for the International Sale of Goods shall not apply.

 
Dispute Resolution

Any dispute arising out of these Terms of Service shall be resolved at Peekabeans’ discretion (i) in a Quebec court; or (ii) by arbitration. The arbitration shall be conducted in Montreal, Canada, in the English language before a single arbitrator. The arbitrator’s award shall be final and binding on the parties.

BY ENTERING INTO THESE TERMS OF SERVICE, YOU EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PEEKABEANS AND ITS PARTNERS.

 
Further Instruments

You agree to execute such further instruments and to take such further action as may reasonably be necessary to carry out the intent of these Terms of Service.

 
Force Majeure

Peekabeans shall not be liable for any delay or failure to perform resulting from causes due to unforeseen circumstances or otherwise outside the reasonable control of Peekabeans, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, strikes, or shortages or interruptions of transportation facilities, fuel, electricity, labour, or materials.