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Terms of Service

Last updated: 2025-03-15

These Terms of Service (“Terms”) govern your access to and use of the website and services of Peakify Hub Inc (“Peakify Hub”, “we”, “us”, “our”), including our SaaS offerings that integrate messaging channels (such as WhatsApp, Instagram, and Messenger via Meta’s APIs) with Chatwoot for customer conversations.

By accessing our website or using our Services, you agree to these Terms. If you do not agree, do not use our website or Services.

1. Definitions

  • “Services” means our website, SaaS platforms, marketing and automation tools, and any integrations we provide (including but not limited to Meta’s WhatsApp, Instagram, and Messenger APIs and Chatwoot).
  • “You” / “Customer” means the individual or entity using our Services.
  • “Content” means any data, messages, or materials you or your end users submit through our Services.

2. Use of Our Services

You may use our Services only in compliance with these Terms and applicable law. You are responsible for your conduct and for any Content that you or your end users transmit through our Services.

Our Services may include integrations with third-party platforms (e.g., Meta for WhatsApp, Instagram, and Messenger; Chatwoot). Your use of those integrations is also subject to the respective platform’s terms and policies (including Meta’s Terms and Business Tools terms). We do not control those third-party services.

3. Accounts and Access

Where we provide account-based access, you must provide accurate information and keep your credentials secure. You are responsible for all activity under your account.

Disconnecting your integration and data removal: If you use our messaging integration (e.g., WhatsApp, Instagram, Messenger with Chatwoot), you may disconnect your Meta channels from our integration at any time via your account or settings. You may also request that we delete your associated data. We will remove or anonymize that data in accordance with our Privacy Policy. For how to submit a data deletion request, see our Privacy Policy — Data Deletion or contact us at support@peakifyhub.com with the subject line “Data Deletion Request.”

4. Acceptable Use

You agree not to:

  • Violate any applicable law or third-party rights
  • Use our Services for spam, fraud, or harassment
  • Attempt to gain unauthorized access to our or others’ systems
  • Interfere with or disrupt the integrity or performance of our Services
  • Use our Services in a way that violates Meta’s or Chatwoot’s policies

We may suspend or terminate access if we reasonably believe you have breached these Terms or acceptable use.

5. Intellectual Property

We (or our licensors) own all rights in our website, software, branding, and materials. We grant you a limited, non-exclusive, non-transferable right to use our Services for your internal business purposes in accordance with these Terms.

You retain ownership of your Content. You grant us the rights necessary to operate the Services (e.g., to transmit and store Content as needed to provide integrations and support).

6. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using our Services, you also agree to that policy.

7. Disclaimers

Our Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose. We do not guarantee uninterrupted or error-free operation, especially where we depend on third-party platforms (e.g., Meta, Chatwoot).

8. Limitation of Liability

To the maximum extent permitted by law, Peakify Hub Inc and its affiliates, officers, and employees shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of our Services.

Our total liability for any claims arising from or related to these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim (or one hundred Canadian dollars if no fees apply).

9. Indemnity

You agree to indemnify and hold harmless Peakify Hub Inc and its affiliates from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Services, your Content, or your breach of these Terms.

10. Termination

We may suspend or terminate your access to the Services at any time, with or without cause or notice. You may stop using our Services at any time.

When you disconnect your integration or your access ends, you may request deletion of your associated data as described in our Privacy Policy (see the Data Deletion section). We will process such requests in accordance with applicable law and our retention practices.

Provisions that by their nature should survive (including disclaimers, limitation of liability, indemnity, and governing law) will survive termination.

11. Governing Law

These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein. Any dispute shall be subject to the exclusive jurisdiction of the courts of Manitoba.

12. Changes

We may update these Terms from time to time. The updated version will be posted on this page with a revised “Last updated” date. Continued use of our Services after changes constitutes acceptance of the updated Terms.

For material changes, we will use reasonable efforts to notify you (e.g., by email or a notice on our website).

13. Contact

For questions about these Terms of Service: