Hey, welcome to Peanut's Terms and Conditions of Use (these "Terms"). This is a contract between you and Peanut App Limited (with registered address at Haysmacintyre LLP, 10 Queen Street Place, London, United Kingdom, EC4R 1AG) and we want you to be aware of yours and our rights before you use the Peanut application ("App" or “Peanut”). Please take some time to read these Terms before enjoying the App, because once you access, view or use the App, you will be legally bound by these Terms.
If you have any questions about these Terms or our App, please contact us at: firstname.lastname@example.org.
Before you can use our App, you will need to register for an account ("Account"). In order to create an Account you must:
You cannot use another user’s Account without her permission.
You cannot create duplicate Peanut accounts in addition to your original account, unless Peanut requests you to do so for technical reasons.
Peanut App Limited reserves the right at its sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice.
There are three types of content that you will be able to access on the App:
We want our users to freely communicate on Peanut, but we have to impose restrictions on certain content that:
We operate a zero-tolerance policy for this kind of content.
To guarantee a safe environment for all, you must also comply with our Community Guidelines, when engaging with the Peanut community section.
We have a moderation team that reviews Your Content and Member Content to ensure that it complies with these Terms. Our moderation tools and team of moderators may remove any of Your Content that they consider breaches our Community Guidelines, restrict or prohibit your access to the App, and/or delete your Account, if in their reasonable opinion, you breach any of the restrictions in these Terms or the Community Guidelines.
As Your Content is created by you, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
Peanut is a public community, so Your Content will be visible to other users of the App all around the world. Please make sure you are comfortable sharing Your Content before you post it, particularly insofar as it relates to your children. As such, you agree that Your Content may be viewed by other users, including Peanut Pros, and any person visiting, participating in or who is sent a link to the App. By uploading Your Content on Peanut, you represent and warrant to us that you have all necessary rights and licences to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide licence to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public Your Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-licence the above licence to our affiliates and successors without any further approval by you.
We have the right to remove, edit, limit or block access to any of Your Content at any time, and we have no obligation to display or review Your Content.
Other members of Peanut around the world will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
Some users sharing Member Content will be identified as 'Peanut Pros'. These are individuals that have established themselves as an expert in their field, or have undertaken specialist training in a field of expertise, and may include doctors, nurses, therapists and sleep consultants.
We try to ensure only appropriately qualified experts are recognised as Peanut Pros, but we do not independently verify the identity or credentials of Peanut Pros.
Peanut Pros provide Member Content for general information purposes only. You should not rely solely on opinions or advice given by Peanut Pros, or appearing in other Member Content. Member Content is no substitute for professional advice, so you should always speak to a professional with respect to any questions you may have regarding your physical or mental health, and do not disregard any professional advice you have received. We are not responsible for, and will not be liable for, any loss or damage caused by your reliance on any advice or Member Content provided by users, including Peanut Pros.
You do not have any rights in relation to other users' Member Content, and you may only use other Peanut users' personal information to the extent that your use of it matches Peanut's purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users' information.
The rest of the content on Peanut belongs to us. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Peanut are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
We reserve all other rights.
We don't tolerate bad behavior on Peanut. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. Email us at email@example.com.
We also want our users to respect Peanut. Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
The grant and removal of Peanut Pro status is at our sole discretion.
You agree that you will (i) include custom disclaimers on your profile and any Member Content you share on the App; and (ii) only contribute generic advice in any Member Content you share and encourage users to seek professional medical advice from their doctor or other healthcare providers.
We may make certain products and/or services available to users of the App in consideration of a subscription fee or other fees (“Premium Services”), including the ability to purchase products, services and enhancements, such as the ability to extend your matches, preview connection requests or boost your profile (“In-App Products”). If you choose to use Premium Services or purchase In-App Products, you acknowledge and agree that additional terms may apply to your use of, access to and purchase of such Premium Services and In-App Products, and such additional terms are incorporated herein by reference. You may purchase Premium Services and In-App Products through the following payment methods (each, a “Premium Payment Method”):
Once you have requested a Premium Service or In-App Product, you authorize us to charge your chosen Premium Payment Method. Your payment is non-refundable in all circumstances, including if your account is suspended or closed by you or us for whatever reason. We may make an exception if the laws applicable to your jurisdiction provide for refunds.
If payment is not received by us from your chosen Premium Payment Method, you agree to promptly pay all amounts due upon demand by us. If you want to cancel or change your Premium Payment Method at any time, you can do so either via the payment settings option under your profile or by contacting your mobile service provider. If your chosen Premium Payment Method is via your mobile service provider, then please check with them about their payment terms, as their payment terms will govern how payments to Peanut App Limited are made as well as how such payments may be changed or cancelled. Your subscription to Peanut App Limited’s Premium Services will automatically renew until you decide to cancel in accordance with such terms. In the event of a conflict between a Third Party Store’s terms and conditions and these Terms, the terms and conditions of the Third Party Store or service provider shall govern and control. We are not responsible and have no liability whatsoever for goods or services you obtain through the Third Party Store, our third-party service providers or other websites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
European customers only: you have the right to cancel your contract for a Premium Service or In-App Product for any reason, within your statutory rights. To cancel your contract, please send us the withdrawal form below or email us at firstname.lastname@example.org anytime prior to the date 14 days after the date your contract was entered into. If you have requested the Premium Service or In-App Product to begin before this 14 day period ends, you must pay us for the Premium Service or In-App Product provided up until the time you tell us that you have changed your mind. You cannot cancel your contract after the Premium Service or In-App Product have been fully provided if we started to perform the contract with your prior express consent and you have acknowledged that you lose your right of withdrawal.
Your use of the App is at your sole risk. Our Content, materials and information on the App are provided on an "as is" basis and "as available" basis, for general information purposes only and without any promises, conditions, warranties or other terms of any kind. The App and the Member Content and Our Content is not intended to provide specific advice to any user, as such you should not rely on the information provided. The App is not a substitution for professional medical care, you should always seek advice from a qualified medical doctor or other healthcare professional. We do not endorse any Member Content provided on the App, nor any specific products, processes, service providers, diets, or other information that may be mentioned on the App.
We make reasonable efforts to update the information on the App, however we do not represent, warrant or guarantee that the content on the App is accurate, complete or up-to-date. We also do not warrant or represent that the information or materials available through the App will meet your particular requirements or needs or that access to, or use of, the same will be uninterrupted or completely secure. The information contained in the App, including any Member Content, may contain inaccuracies or errors. We are not required to update the App or to correct any inaccuracies which may become apparent, but will be entitled to do so is we wish without notice to you.
You expressly understand and agree that we will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for direct or indirect loss of profits, or loss of goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event will our total liability to you for all damages, losses or causes of action exceed the amount you have paid us in the last six (6) months, or, if greater, [one hundred pounds (£100)]. Nothing in these terms of service will in any way exclude or limit a party's liability to the other party for: (a) death or personal injury caused by that party's negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any other matter for which it would be illegal to exclude or attempt to exclude its liabilities.
The terms were last updated on: 19 April 2022
It’s good to talk, email us at email@example.com
To Peanut App Limited (Haysmacintyre LLP, 10 Queen Street Place, London, United Kingdom, EC4R 1AG):
I hereby give notice that I withdraw from my contract of sale for the provision of the Premium Services / or In-App Product [delete one].
Name of consumer:
Address of consumer:
Signature of consumer (only if this form is notified on paper):