© 2024 Peach worlds

Terms Of Service

Terms Of Service

Terms Of Service

v1.0 — July 1, 2024

v1.0 — July 1, 2024

This Peach Worlds Terms of Service (“Agreement”) is entered into by and between Peach Worlds Ltd (“Peach Worlds”) and the entity or person placing an order for or accessing the Services (“Customer”). This Agreement consists of the terms and conditions set forth below and any Order Form. The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services through any online provisioning, registration or order process or (b) the Effective Date of the first Order Form.

This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.

Capitalized terms shall have the meanings set forth in Section 1, or in the section where they are first used.

This Peach Worlds Terms of Service (“Agreement”) is entered into by and between Peach Worlds Ltd (“Peach Worlds”) and the entity or person placing an order for or accessing the Services (“Customer”). This Agreement consists of the terms and conditions set forth below and any Order Form. The “Effective Date” of this Agreement is the date which is the earlier of (a) Customer’s initial access to the Services through any online provisioning, registration or order process or (b) the Effective Date of the first Order Form.

This Agreement will govern Customer’s initial purchase on the Effective Date as well as any future purchases made by Customer that reference this Agreement.

Capitalized terms shall have the meanings set forth in Section 1, or in the section where they are first used.

  1. Definitions

  1. Definitions

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds'a SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds'a SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

2. License and use rights

2. License and use rights

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

3. Ownership Rights

3. Ownership Rights

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

4. Content

4. Content

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

5. Customer’s obligations to end users

5. Customer’s obligations to end users

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

1.1 “Authorized Devices​” means those mobile, desktop, or other devices with which the Services can be accessed and used.

1.2 “​Content​” means code, content, fonts, graphics, designs, documents, or materials created using the Services by Customer and its Users or imported into the Services by Customer and its Users.

1.3 “Documentation” ​means the technical materials made available by Peach Worlds to Customer and/or its Users in hard copy or electronic form describing the use and operation of the Services.

1.4 “Services” Peach Worlds proprietary web-based products and services, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s Services subscription.

1.5 “Order Form” means a document signed by both Parties identifying the Enterprise Services to be made available by Peach Worlds pursuant to this Agreement.

1.6 “​Packages​” or “Components” means add-on modules made available within the Services. Packages and Components may be created by Peach Worlds, Customer or other third parties. Packages and Components created by Peach Worlds are supported as part of the Services. Peach Worlds will use reasonable efforts to support Customer’s use of Packages and Components created by third parties but disclaims all warranties as to such Packages and Components.

1.7 “User” means an employee, contractor or other individual associated with Customer who has been provisioned by Customer with access to the Services.

1.8 “Services” means Peach Worlds SaaS product, web design software, tools, along with downloadable desktop and mobile apps. Each Order Form will identify details of Customer’s subscription to the Services.

  1. Security

6.1 Peach Worlds will use procedural, technical, and administrative safeguards designed to ensure the confidentiality, security, integrity, availability, and privacy of Content and other Customer Confidential Information stored in the Services. Peach Worlds regularly monitors compliance with these measures. Customer is responsible for reviewing the information made available by Peach Worlds relating to data security and making an independent determination as to whether the Services meets Customer’s requirements and legal obligations. Customer acknowledges that Peach Worlds security measures are subject to technical progress and development and that Peach Worlds may update or modify such measures from time to time provided that such updates and modifications do not result in a material decrease of the overall security of the Services during a subscription term.

  1. Confidently

7.1 Confidential Information​. Subject to the limitations set forth in Section 6.2, all information disclosed by one party to the other party during the term of this Agreement that is identified in writing at the time of disclosure as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of the disclosure, whether in oral, written, graphic, electronic, or other form, shall be deemed to be “​Confidential Information​”. The existence and terms of this Agreement are Confidential Information of both parties.

7.2 Exceptions​. Information will not be considered Confidential Information if the receiving party can establish by documentary evidence that the information is or was: (a) is publicly available or in the public domain at the time of disclosure through no fault of the receiving Party; (b) rightfully communicated to the receiving Party by persons not bound by confidentiality obligations with respect thereto; (c) already in the receiving Party’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (d) independently developed by the receiving Party without any use of or by persons who have access to the disclosing Party’s Confidential Information; or (e) is approved in writing for release or disclosure by the disclosing Party without restriction.

7.3 Nondisclosure​. During the Term of this Agreement, either Party may disclose Confidential Information to the other Party. Each ​Party agrees that all items of Confidential Information are proprietary to the disclosing Party or such third party, as applicable, and will remain the sole property of the disclosing Party or such third party. Each Party further agrees: (a) to use Confidential Information disclosed by the disclosing Party only for the purposes described herein; and (b) that the receiving Party will not reproduce Confidential Information disclosed by the disclosing Party, except as necessary to carry out the receiving Party's obligations and exercise its rights under this Agreement, and will hold in confidence and protect such disclosing Party's Confidential Information from dissemination to, and use by, any third party.

7.4 Legally Required Disclosure​. Notwithstanding the foregoing, each Party may disclose Confidential Information to ​the limited extent required in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law or legal requirement, provided that the receiving Party shall first have given notice to the disclosing Party (to the extent permitted) and shall have provided assistance to the disclosing Party as may be reasonably requested to limit such disclosure.

  1. Fees and Payment

8.1 Payment Terms. Customer will pay to Peach Worlds, without offset or deduction, all fees due under this Agreement. All payments will be in U.S. dollars. Unless otherwise specified, all fees shall be due 30 days from the date of Peach Worlds invoice and all fees are non-cancelable and non-refundable. All amounts will exclude all applicable sales, use, and other taxes.

8.2 Merchant of Record. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

8.3 Pricing. The Services are offered under different pricing plans, the limits and features of which are available on Peach Worlds pricing page. There is a free subscription to the Services and there are paid self-service subscription plans (“Self-Service Subscriptions”). For an Enterprise license, Customer may contact Peach Worlds separately.

8.4 Authorization of Recurring Payments. All pricing plans involve recurring fees (each, along with any applicable taxes and other charges). Customers on a monthly payment plan will be charged for additional editors at the next monthly renewal date. Customers on an annual plan will be charged for additional editors monthly. This is separate from their annual billing. Additional editors added to Customer’s team will not include a discount. The discounted editor rate is only available when pre-purchasing extra editors.  Read more about additional editor charges here. The self-service subscriptions and any additional Services added to your self-service subscription will automatically-renew for the same term as the initial term.

Unless otherwise agreed in the applicable Order Form, Enterprise Customers will be notified in writing if they exceed their purchased inclusions. Overuse will be billed pro rata through the end of the subscription term. An invoice or payment link will be sent to the Enterprise Customer upon notification.

Peach Worlds fees are subject to change, although Peach Worlds will notify Customer before any change. Customer hereby acknowledges that the Services have recurring payment features and Customer accepts responsibility for all recurring payment obligations. Peach Worlds (or Paddle) will automatically charge Customer in accordance with the term of their subscription (e.g., each month, quarter, or year).

8.5 Fair Use. Customer’s subscription offering will be specified on the applicable Order Form or Peach Worlds pricing page. Customer can purchase additional usage and data at the specified rate on the pricing page or in the Order Form. Peach Worlds will use commercially reasonable efforts to provide Customer with sufficient bandwidth, builds, and serverless function that Peach Worlds determines are typical of projects at Customer’s plan level. Peach Worlds will notify Customer if their usage is unreasonable, and may shut down and terminate projects and accounts that are creating an unreasonable burden on Peach Worlds infrastructure and/or business operations. 

  1. Warranties and Disclaimers

9.1 Authority​. Each of Peach Worlds and Customer represents and warrants that: (a) it has the full right, power and authority to enter into and fully perform this Agreement; (b) the person signing this Agreement on its behalf is a duly authorized representative of such party who has in fact been authorized to execute this Agreement; (c) its entry herein does not violate any other agreement by which it is bound, and (d) it is a legal entity in good standing in the jurisdiction of its formation.

9.2 Rights to Content​. Customer warrants that it has and will continue to have during the Term all necessary licenses, rights, consents, and permissions which are required to enable Peach Worlds to use the Content as required to provide the Services.

9.3 Disclaimer​. The Services are intended for hosting, design and prototyping of web and app pages. To the maximum extent permitted by applicable law, the Services, Packages, Components, Templates, content and related services are provided “as is,” and Peach Worlds disclaims any and all other representations and warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for production or any other purposes, non-infringement, system integration and/or data accuracy. Peach Worlds does not warrant that the Services or any other services provided by Peach Worlds will meet customer’s requirements or operate uninterrupted or error-free. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Peach Worlds is not responsible for any delays, delivery failures, or other damage resulting from such problems.​Neither Peach Worlds nor its third-party providers shall have any liability for ​customer’s use of ​content, Packages, Components, Templates, or other materials or information made available through or developed using the Services. ​Peach Worlds shall have no responsibility for determining that customer’s proposed use of the ​Services ​complies with applicable laws in customer’s jurisdiction(s).

  1. Limitations of Liability

10.1 Except for claims arising from customer’s misappropriation of Peach Worlds intellectual property rights in the Services: (a) in no event will either party be liable to the other party for any incidental, indirect, special, consequential or punitive damages, regardless of the nature of the claim, including, without limitation, lost profits, costs of delay, any failure of delivery, business interruption, costs of lost or damaged data, or liabilities to third parties arising from any source, even if such party has been advised of the possibility of damages; and (b) the cumulative liability of Peach Worlds to Customer for all claims arising from this agreement, including, without limitation, any cause of action sounding in contract, tort, or strict liability, will not exceed the fees paid to Peach Worlds by Customer during the twelve month period prior to the event giving rise to any claim. The foregoing shall not limit Customer’s payment obligations. These limitations upon damages and claims are intended to apply without regard to whether other provisions of this agreement have been breached or have proven ineffective.

10.2 Basis​. Customer acknowledges and understands that the disclaimers, exclusions and limitations of liability in this Agreement form an essential basis of the Parties’ agreement and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement would be substantially different.

  1. Idemnification

11.1 By Peach Worlds​. Peach Worlds will defend at its expense any suit brought against Customer by a third party, and will pay any settlement Peach Worlds makes or approves, or any damages finally awarded in such suit, insofar as such suit is based on a claim by any third party alleging that the Services (excluding Packages, Components, Templates, and Content) misappropriates any trade secret recognized under the Uniform Trade Secrets Act or infringes any copyright or trademark issued as of the Effective Date. Notwithstanding the foregoing, Peach Worlds shall have no obligation under this section or otherwise with respect to any infringement claim based upon (a) any use of the Services not in accordance with this Agreement; (b) any use of the Services in combination with other products, equipment, software or data not supplied by Peach Worlds; (c) any modification of the Services by any person other than Peach Worlds or its authorized agents; or (d) Content, Packages, Components, or Templates created by Customer or other third parties. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or is believed by Peach Worlds to be infringing, Peach Worlds may, at its option and expense: (x) replace or modify the Services to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (y) obtain for Customer a license to continue using the Services, or (z) if neither of the foregoing is commercially practicable, terminate this Agreement and provide Customer a refund of any prepaid, unused fees for the Services. This section states Peach Worlds entire obligation and liability with respect to any claim of infringement.

11.2 By Customer​. Customer will defend, indemnify, and hold Peach Worlds harmless from and against any losses, liabilities, costs (including reasonable attorneys’ fees) or damages to the extent resulting from Customer’s breach or alleged breach of its obligations, representations and warranties under this Agreement, or third party claims that Content,Packages, Templates, or Components created by or on behalf of Customer infringe the intellectual property rights of any third party.

11.3 Process​. The foregoing indemnification obligations are subject to the following: (a) the indemnified Party will promptly notify the indemnifying Party of any claim for which indemnification is sought; (b) the indemnifying Party will have control of the defense or settlement; and (c) the indemnified Party will reasonably cooperate with the defense, at the indemnifying Party's expense. 

  1. Term and Termination

12.1 Term​. Unless otherwise specified in a Order Form, the Term of this Agreement will commence on the Effective Date and will automatically renew for successive terms equal in duration to the initial term unless Customer cancels their plan in advance of the renewal date.

12.2 Purchase from Reseller. If Customer purchases the Services from an authorized reseller of Peach Worlds (“Reseller”), Customer’s use of the Services will be governed by this Agreement.

12.3 Termination​. Either Party may, at its option, terminate this Agreement in the event the other Party: (a) materially breaches this Agreement and fails to cure such breach (or provide an acceptable plan for curing such breach) within 30 days after receipt by the breaching Party of written notice specifying the breach; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within 60 days). 

Self-Service subscriptions have the right to terminate their account at any time in the Peach Worlds Dashboard. Such termination will be effective at the start of the next billing or renewal period. Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise.

12.4 Suspension​. If Customer fails to pay any undisputed amounts hereunder or, as necessary to protect the security of the Services, Peach Worlds will have the right, in addition to any of its other rights or remedies, to immediately suspend access to the Services to Customer and/or any of its User(s), without liability, until such amounts are paid in full or such threat no longer exists, as applicable.

12.5 Effects​. Upon termination or expiration of this Agreement, Customer will immediately discontinue use of the Services. Sections 3 (Ownership Rights), 7 (Confidentiality), 8 (Fees and Payment), 10 (Limitations of Liability), 11 (Indemnification), 12 (Term and Termination), and 13 (Miscellaneous) will survive such termination. Within ten business days following the termination date, Customer shall, at Peach Worlds option, return to Peach Worlds or destroy (and certify to Peach Worlds in writing as to such destruction) all copies of the Services and Documentation and any other materials embodying or reflecting the Services and any other Peach Worlds Confidential Information. On termination or expiration of this Agreement other than termination by Customer for Peach Worlds breach, Customer will immediately pay Peach Worlds, as liquidated damages, the remaining balance (if any) for the remainder of the subscription term.

  1. Miscellaneous

13.1 Integration. This Agreement is the entire agreement between the Parties related to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings and discussions. You and Peach Worlds B.V. waive their rights to rescind or annul these Terms. Articles 3:44, 6:228 and 6:265 of the Dutch Civil Code are excluded. This Agreement shall supersede the terms of any purchase order or other business form. If accepted by Peach Worlds, Customer’s purchase order shall be binding only as to the following terms: the Services ordered and the appropriately calculated fees due. Other terms shall be void.

13.2 Construction; Interpretation​. If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement will continue in full force. No waiver hereunder will be valid or binding unless set forth in writing and duly executed by the Party against whom enforcement of such waiver is sought.

13.3 No Agency Relationship; No Third Party Beneficiaries​. Nothing in this Agreement will be construed to create any agency, partnership, or joint venture between the Parties, and neither Party will represent itself as an agent or legal representative of the other Party. To the extent that any third party stipulation is contained in this Agreement, article 6:254 of the Dutch Civil Code is excluded. The Parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the Parties, their successors and permitted assigns.

13.4 Amendment. Peach Worlds may modify this Agreement (which may include changes to Peach Worlds pricing and plans) from time to time by giving notice to Customer by email or through the Services. Unless a shorter period is specified by Peach Worlds (e.g., due to changes in the Law or exigent circumstances), modifications become effective upon renewal of Customer’s current Subscription Term or entry into a new Order Form. If Peach Worlds specifies that the modifications to the Agreement will take effect prior to Customer’s next renewal or Order Form and Customer notifies Peach Worlds of its objection to the modifications within 30 days after the date of such notice, Peach Worlds (at its option and as Customer’s exclusive remedy) will either: (a) permit Customer to continue under the existing version of this Agreement until expiration of the then-current subscription term (after which time the modified Agreement will go into effect) or (b) allow Customer to terminate this Agreement and receive a refund of any pre-paid fees allocable to the terminated portion of the applicable subscription term. Customer may be required to click to accept or otherwise agree to the modified Agreement in order to continue using the Services, and, in any event, continued use of the Services after the updated version of this Agreement goes into effect will constitute Customer’s acceptance of such updated version.

13.5 Governing Law; Arbitration​. This Agreement will be governed by and interpreted in accordance with Dutch law without regard to international law regulations or principles of law leading to the application of other laws. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any dispute or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the International Chamber of Commerce (ICC) rules. Such dispute or claim shall be settled by simplified arbitration arranged by ICC in accordance with the rules of arbitration procedure adopted by ICC and in force at the time when such proceedings are commenced. Arbitration shall be conducted in Amsterdam, before one arbitrator appointed in accordance with the ICC Rules. All arbitration shall be conducted in English. The award rendered thereon by the arbitrator shall be final and binding on the Parties thereto, and judgment thereon shall be confidential and may be entered in any court of competent jurisdiction. Nothing in this Section 12.2 shall prevent either Party from applying to a court of competent jurisdiction for equitable or injunctive relief.

13.6 Force Majeure. Any delay in the performance of any duties or obligations of either Party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by any event beyond the control of such Party, provided that such Party uses reasonable efforts to notify the other Party of the cause of such delay and to resume performance as soon as possible.

13.7 Notices​. All notices, requests, and other communications to the other Party hereunder must be in writing to legal@PeachWorlds.com

13.8 Assignment​. This Agreement may not be assigned by either party without the other party’s prior written consent, whether by operation of law or otherwise, except that either party may assign this Agreement to its successor in the event of a merger, acquisition or sale of all or substantially all of the assets of such party. Any other purported assignment shall be void.

13.9 Counterparts​. This Agreement may be executed and delivered by facsimile or electronic signature and in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.

Note: These Terms of Service do not replace the Terms of Service for those Customers who have a separately negotiated agreement.