Peekly

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Peekly Terms and Conditions

These Terms and Conditions ("Terms") constitute a legally binding agreement between the client, user, or entity ("Client," "you," or "your") and Tiltely LLC, a company registered in Wyoming, USA, which owns and operates Peekly ("Peekly," "we," "our," or "us"). These Terms govern the access to and use of the Peekly chatbot service and any related software, APIs, or integrations (collectively, the "Service").

By accessing or using Peekly, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Service. By using Peekly, you also agree to be bound by the general Terms and Conditions of Tiltely LLC, which govern the overarching provision of services, business operations, and legal responsibilities. In case of conflict between Peekly's Terms and Tiltely's Terms, these Peekly Terms and Conditions shall take precedence for matters specifically related to the Peekly Service.

1. Eligibility and Access

Peekly is intended for use by businesses and organizations. You must be at least 18 years old or legally authorized by your organization to enter into binding agreements. Peekly is not intended for individuals or websites that target or knowingly collect data from children under 13, in accordance with applicable child privacy laws, including the U.S. COPPA and similar international laws. Peekly and Tiltely cannot be held responsible for any noncompliant or unlawful use of the Service by a Client. By using Peekly, the individual represents and warrants that they have full legal authority to bind the Client organization to these Terms.

2. Use of the Service

Peekly provides an AI-powered chatbot platform designed to assist users with automated responses across multiple channels, including website chat widgets and third-party messaging platforms such as WhatsApp. Clients are solely responsible for:

  • Configuring chatbot behavior and dialogue flows.
  • Determining what data the chatbot may request or collect.
  • Ensuring that chatbot interactions do not violate laws, infringe on rights, or promote misinformation.
  • Complying with the terms, policies, and guidelines of any third-party messaging platform they choose to integrate, including but not limited to Meta's WhatsApp Business Platform Terms and WhatsApp Commerce Policy.

Clients agree not to use Peekly to:

  • Engage in unlawful, fraudulent, abusive, or harmful behavior.
  • Collect sensitive or protected data without valid legal basis (e.g. health, biometric, or payment data).
  • Engage in harassment, impersonation, or any misleading user interaction.
  • Violate intellectual property, privacy, or consumer protection laws.
  • Send unsolicited or spam messages through any integrated messaging platform, including WhatsApp, in violation of applicable anti-spam laws and platform policies.

Peekly reserves the right to suspend or terminate access to the Service without notice for any use deemed harmful, unlawful, or in violation of these Terms. In such cases, no refunds shall be issued. Peekly disclaims all liability for any consequences arising from the Client's misuse, misconfiguration, or unlawful deployment of the Service.

If Peekly or Tiltely suffers reputational, legal, or financial damage as result of the Client's negligence, misconduct, or violation of these Terms and Conditions, Peekly reserves the right to pursue compensation through third-party legal counsel, recovery services, or enforcement actions. All legal fees, administrative costs, and related expenses shall be the sole responsibility of the Client.

Client acknowledges that AI-generated responses may contain factual errors, hallucinations, or content unsuitable for certain audiences. The Client is solely responsible for moderating chatbot outputs to ensure legal and ethical compliance. Peekly does not review or moderate outputs in real-time.

3. Data Responsibility and Processing Roles

Peekly processes user data on behalf of the Client. The Client is the Data Controller for all personal data collected through the chatbot, whether via website chat widget or third-party messaging platforms such as WhatsApp. Peekly acts as a Data Processor, handling data in accordance with the Client's instructions, as described in our Data Processing Addendum (DPA), which is incorporated by reference. This DPA forms an integral and legally binding part of these Terms and Conditions and supersedes any conflicting provisions solely with respect to data protection obligations.

Peekly, and subsequently Tiltely, shall not be held liable for:

  • The collection of personal data by the Client without a valid legal basis.
  • The type, scope, or nature of data collected by the Client.
  • The Client's failure to obtain valid user consent or to provide legally required disclosures.
  • Any misuse, overcollection, or unlawful instructions initiated by the Client.
  • The Client's noncompliance with applicable privacy or data protection laws.

It is the Client's sole responsibility to comply with applicable laws, including the EU GDPR, UK GDPR, CCPA/CPRA, LGPD, and other relevant international data protection regulations. Peekly provides infrastructure only and does not offer legal or compliance advice. It is solely the Client's responsibility to ensure lawful chatbot configuration, data usage, and user notification. The Client affirms it will configure the chatbot in compliance with applicable laws, including but not limited to anti-discrimination statutes, advertising regulations, intellectual property rights, and content moderation standards. Peekly disclaims all liability for chatbot content generated under the Client's configuration.

As the Data Controller, the Client is solely responsible for honoring requests made by End Users under GDPR, CCPA, or any applicable data protection law, including requests for access, deletion, objection, or restriction of processing.

Peekly provides export and access tools, but it is the Client's sole responsibility to receive, verify, and fulfill any End User request, including data access or portability, in accordance with applicable laws.

4. Subprocessors and Third-Party Services

Peekly may use subprocessors (e.g., hosting, AI, messaging platforms, or analytics providers) to operate and/or provide the Service. We maintain and regularly update our public list of subprocessors.

By using Peekly, Clients agree to the engagement of these subprocessors. Peekly ensures subprocessors are bound by contractual safeguards equivalent to GDPR standards. Peekly and Tiltely cannot be held responsible for subprocessors acting outside contractual terms or legal obligations.

Peekly limits subprocessor access to only what is necessary for service provision and contractually prohibits use for independent purposes.

5. Third-Party Messaging Platform Integrations

Peekly supports integration with third-party messaging platforms, including but not limited to WhatsApp via Meta's WhatsApp Business Platform. By enabling such integrations, the Client:

  • Acknowledges that messages sent and received through these platforms are subject to the platform provider's own terms of service, privacy policies, and usage guidelines.
  • Agrees to comply with all applicable platform policies, including Meta's WhatsApp Business Platform Terms and Commerce Policy.
  • Understands that Peekly facilitates message delivery and AI-powered responses through these platforms but does not own, control, or guarantee the availability of the third-party platform itself.
  • Accepts that the third-party platform provider (e.g., Meta Platforms, Inc.) may independently process data in accordance with its own privacy policy.

Peekly shall not be liable for any disruptions, policy changes, account restrictions, or data handling practices imposed by third-party messaging platform providers.

6. Account Security

Clients are responsible for maintaining the confidentiality of their login credentials. Peekly and Tiltely are not liable for unauthorized access resulting from Client negligence, credential sharing, or insecure environments. Peekly and Tiltely shall not be held responsible or financially liable for any damages, losses, or consequences resulting from the Client's own negligence or failure to implement adequate internal security measures.

7. Service Availability and Modifications

Peekly aims to provide reliable service but does not guarantee uninterrupted availability, error-free operation, or compatibility with all systems. We reserve the right to:

  • Suspend or modify features for maintenance or security.
  • Discontinue features or components of the Service at our discretion.

Peekly and Tiltely are not liable for interruptions, third-party outages, or force majeure events. Peekly shall not be liable for service interruptions, data loss, or performance issues caused by third-party failures or cyberattacks beyond its reasonable control, and shall not bear financial responsibility for such events. By using Peekly, Clients acknowledge and accept that the Service may become temporarily or permanently unavailable during emergencies, technical issues, or legal restrictions in certain jurisdictions.

8. Intellectual Property

Peekly and all related content, software, branding, and documentation are the intellectual property of Tiltely LLC. No rights or licenses are granted to the Client except as expressly stated. Clients retain ownership of their chatbot content, datasets, and branding elements used within the Service.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Peekly and Tiltely shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of data, revenue, profits, business opportunities, goodwill, or reputational harm.
  • Peekly and Tiltely are not responsible for damages resulting from misuse, misconfiguration, negligence, or failure by the Client to comply with legal or security obligations.
  • Peekly and Tiltely shall not be liable for damages resulting from third-party services, subprocessors, service outages, cyberattacks, or force majeure events beyond their reasonable control.
  • In any case, Peekly and Tiltely's aggregate liability for any and all claims, whether in contract, tort, or otherwise, shall not exceed the total fees actually paid by the Client for the Service during the three (3) calendar months immediately preceding the specific event giving rise to the claim.

Nothing in these Terms shall exclude or limit any liability that cannot be legally excluded or limited under applicable law.

9A. Mutual Indemnification

Each party agrees to indemnify, defend, and hold harmless the other party, including its officers, employees, and affiliates, against any claims, damages, losses, or legal fees arising from (i) breach of these Terms, (ii) violation of law, or (iii) misrepresentations made under this Agreement.

9B. Disclaimer of Warranties

Peekly is provided "as is" and "as available" without warranties of any kind, express or implied. Peekly and Tiltely disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Peekly does not warrant that the Service will be uninterrupted, error-free, secure, or that results will be accurate or reliable. Clients use the Service at their own risk.

10. Force Majeure

Peekly and Tiltely shall not be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to natural disasters, internet outages, cyberattacks, civil unrest, war, labor shortages, or governmental restrictions. Obligations shall be suspended for the duration of such events with no applicable refund of costs.

11. Internal Responsibility

Tiltely LLC and Clients agree to maintain a Record of Processing Activities (ROPA) as required by GDPR Article 30, including categories of data processed, purposes, legal basis, retention periods, and any data transfers.

Peekly maintains internal logs for up to 5 years in accordance to our retention schedule, of all data processing actions, including access, modification, and deletion events, for auditability and regulatory compliance.

12. Termination

Either party may terminate this Agreement at any time with written notice. Peekly reserves the right to suspend or terminate access for breach of these Terms, including non-payment or misuse of the Service.

Upon termination, Client data may be deleted or retained in accordance with our DPA and privacy obligations for up to five (5) years. Peekly disclaims responsibility for data loss resulting from the Client's failure to export data before termination. No refunds will be issued for unused service time or prepaid periods following termination, regardless of the reason.

12A. Legal Enforcement and Recovery Rights

Peekly reserves the right to engage third-party legal counsel, collection agencies, or enforcement services to pursue any unpaid financial obligations or contractual breaches by the Client. All costs incurred in connection with such enforcement — including legal fees, administrative charges, and collection expenses — shall be borne solely by the Client.

13. Changes to the Terms

We may modify these Terms and Conditions at any time. Material changes will be communicated through the website or email. Continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the courts located in Wyoming. Nothing in this Section limits any mandatory jurisdiction rights granted to consumers under applicable local laws.

15. Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Contact Information

For questions about these Terms and Conditions, please contact:

Email: contact@tiltely.com

Tiltely LLC — Peekly Division

By using Peekly, you confirm that you have read, understood, and agreed to these Terms and Conditions and all referenced legal documents.