Terms of Service

Effective Date: June 17, 2025

These Terms of Service (the “Agreement”) govern your access to and use of the Peach AI platform and related services (“Services”), provided by Habitual Money, Inc. (“We”, “Us”, “Our”). By using our Services, you (“Customer”) agree to be bound by this Agreement. If you do not agree, do not use the Services.

1. Definitions

• Account: Your registered user profile for accessing the Services.
• Customer Data: All data, content or materials you upload, generate, or process via the Services.
• Invoice: Your billing statement reflecting Fees owed for your Subscription.
• Contract: Your selected service level or tier for the Services, as agreed via purchase.
• Contract Term: The period during which your Contract is in effect—typically annual.
  
• Third‑Party Provider: Any external vendor or system integrated with the Services (e.g. SIS).

2. Scope of Services

2.1 Provision. We will provide the Services specified in your Contract, including software, APIs, chatbot tools, support, and integrations, in accordance with this Agreement and the Documentation.
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2.2 Access. You may access the Services during the Contract Term only through your users, subject to user limits and usage caps defined in your Contract.
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2.3 Changes. We may add or modify functionality or integrations at any time. Material changes will be communicated in advance. Non-material changes (UI enhancements, bug fixes) may occur without notice.

3. Customer Obligations

3.1 Authorization. You represent that you have authority to bind your organization to this Agreement.
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3.2 Compliance. You must use the Services lawfully and ensure all Customer Data is accurate and authorized.
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3.3 Security. You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately of any unauthorized use.
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3.4 Integrations. If using SIS or email integrations, you agree to obtain any necessary consents and adhere to external API terms.

4. Fees and Payment

4.1 Contract Fees. You agree to pay all Fees outlined in your Contract or invoices.
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4.2 Invoicing & Payment. Invoices are due within 30 days. Overdue balances may incur interest up to the maximum lawful rate.
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4.3 Fee Adjustments. We reserve the right to adjust fees at renewal. We will notify you 60 days prior—continued use indicates acceptance.
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4.4 No Refunds. Fees are non-refundable except as required by law or stated otherwise.

5. Security, Privacy, and Compliance

5.1 Security Controls. We maintain industry-standard technical and organizational controls, including SOC 2 Type II and GDPR compliance.
- Encryption at rest/in-transit (AES-256/TLS 1.2+)
- Role-based access control
- Secure API and SIS integrations
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5.2 Data Usage. Customer Data belongs to you. We do not use it to train third-party models or for any purpose beyond delivering the Services.
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5.3 Audit Logs. All AI-generated communications and actions are time-stamped and logged to support audit and compliance.
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5.4 Regulatory Compliance. Systems and logs are designed to meet FERPA, GDPR, and other applicable regulations.

6. Intellectual Property

6.1 Your Ownership. You retain all rights to Customer Data and any intellectual property you submit.

6.2 Our Ownership. We own all rights to the Services, software, and documentation. You receive only a limited license to use them as permitted here.

6.3 Feedback. Any suggestions or improvements you submit may be used by us royalty-free.

7. Confidentiality

Each party agrees:

• To maintain the confidentiality of non-public information disclosed by the other.
• To use such information only to exercise its rights or perform obligations under this Agreement.
• Not to disclose without consent, except as required by law.

8. Warranties and Disclaimers

8.1 Warranty. We warrant Services will perform substantially as described and comply with laws during the Contract Term.

8.2 Disclaimer. Except as stated above:

• Services are provided “AS IS” and “AS AVAILABLE.”
• No implied warranties of merchantability, fitness for purpose, or non-infringement are provided.

9. Limitations of Liability

To the extent permitted by law:

• Neither party is liable for indirect, special, or consequential damages.
• Our aggregate liability will not exceed the total Fees paid in the six months preceding the claim.

10. Indemnification

You agree to indemnify Us from third-party claims arising from:

• Your misuse of the Services.
• Violation of laws or rights of others.
• Integration or use of combined systems

We will also indemnify you for third-party claims alleging that our Services infringe intellectual property rights, subject to conditions.

11. Term and Termination

11.1 Term. This Agreement commences on the Effective Date and lasts through the Contract Term, with automatic renewals unless either party provides written notice 60 days prior.

11.2 Termination for Cause. Either party may terminate for breach if it’s uncured after 30 days’ notice, or immediately for insolvency or fraud.

11.3 Effect of Termination. Access to Services ceases immediately. You have 30 days to export your data; thereafter, we may delete it per our Data Retention Policy.

12. Governing Law and Dispute Resolution

This Agreement is governed by the laws of Georgia, excluding its choice-of-law principles.
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Disputes will be resolved through binding arbitration in Dacula, GA, under AAA rules.

13. Miscellaneous

• Entire Agreement: This Agreement and Contract contain the entire understanding.
• Amendments: Only in writing signed by both parties.
  
• Assignment: Cannot be assigned without prior written consent.
• Notices: Delivered via email or postal mail to the addresses on record.
• Severability: If any provision is unenforceable, the rest remain in force.
• Force Majeure: Neither party is liable for delays caused by events beyond control.

14. Contact Us

If you have any questions about these Terms of Service, please contact:
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Habitual Money, Inc.
2614 Dawning Day Drive
Dacula, GA 30019
support@joinpeach.co