1. Introduction

These Terms of Service ("Terms") govern your use of the services provided by THEPEAKCOMPANY LTD, registered in England and Wales, company address: 16 Victoria Mews, Egham, TW20 0BF, United Kingdom ("we," "us," or "our"). By registering, subscribing, or using our services, you agree to be bound by these Terms. If you do not agree, you may not use our services.

2. Eligibility

• You must be at least 18 years old to use our services.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

3. Services Provided

We provide a subscription-based SaaS chatbot that integrates with Instagram to automate message replies and related interactions. The chatbot uses AI responses and relies on third-party providers for operation.

4. Service Availability

We strive to provide a reliable service but we cannot guarantee continuous, uninterrupted, or error-free operation. Our services rely on third-party providers, including Meta/Instagram, Supabase, Render, Stripe, and OpenAI. We are not liable for downtime, disruptions, or limitations caused by these external services.

5. Subscriptions, Payments, and Cancellations

• Subscriptions are billed through Stripe on a recurring basis (monthly or as otherwise specified).
• Your subscription will auto-renew unless cancelled before the end of the billing period.
• Refunds are not provided except where required by law.
• You may cancel your subscription at any time; access remains until the end of the paid period.

6. Acceptable Use

You agree not to use our services:

• For unlawful purposes or in violation of Instagram/Meta's terms.
• To harass, impersonate, or harm others.
• To resell or share your account with others.

7. Intellectual Property

• All intellectual property in our platform, software, and branding remains our property.
• You retain ownership of your own content but grant us the right to process and store it as necessary to provide the service.

8. Disclaimers and Limitation of Liability

• Services are provided "as is" without warranties of any kind.
• We do not guarantee any specific business outcomes, sales, or engagement results.
• To the maximum extent permitted by law, our liability is limited to the total amount paid by you in the last 12 months.
• We are not liable for indirect, consequential, or incidental damages (e.g., lost profits, loss of social media accounts).

9. Indemnification

You agree to indemnify and hold harmless THEPEAKCOMPANY LTD against any claims, damages, or expenses arising from your misuse of the service or breach of these Terms.

10. Communications

We may send you essential service-related communications (such as feature updates, security notices, or policy changes). These are not considered marketing emails and form part of the service.

11. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Contact

For questions about these Terms, contact us at:

📧 mc@onlychatr.com