Terms of Service

Terms of Service — Peerakeet, Inc.

Version 1.0

Effective Date: January 1, 2025

Last Updated: January 1, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Peerakeet, Inc. ("Peerakeet," "we," "us," or "our") governing your access to and use of the Peerakeet mobile application, website, and related services (collectively, the "Service"). By accessing, downloading, installing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

1. Eligibility and Age Requirements

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that: (a) you are at least 18 years old; (b) you have the legal capacity and authority to enter into these Terms; (c) you will comply with all applicable laws and regulations; and (d) all information you provide is accurate, current, and complete.

If you are accessing the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" will include both you and the organization.

2. Description of Service

Peerakeet is a peer support platform designed to facilitate anonymous connections between individuals seeking mental health and wellness support. The Service includes, but is not limited to: (a) journaling and self-reflection tools; (b) emotional check-in features; (c) peer matching and messaging capabilities; (d) access to certified peer support specialists; (e) telehealth coordination services; (f) AI-assisted content moderation; and (g) educational resources and toolkits.

Important Medical Disclaimer: The Service is not intended to diagnose, treat, cure, or prevent any medical or mental health condition. Peerakeet is not a licensed healthcare provider, medical service, or emergency service. The Service does not provide medical advice, diagnosis, or treatment. Peer support through Peerakeet is not a substitute for professional medical care, psychological therapy, psychiatric treatment, or crisis intervention services.

Emergency Situations: If you are experiencing a medical or mental health emergency, are in immediate danger, or are having thoughts of self-harm or suicide, please call 911 (or your local emergency number) immediately, go to your nearest emergency department, or contact the 988 Suicide & Crisis Lifeline (available 24/7 in the United States).

3. User Accounts and Registration

To access certain features of the Service, you must create an account by providing accurate, current, and complete information, including a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to: (a) immediately notify Peerakeet of any unauthorized use of your account; (b) ensure that you log out from your account at the end of each session; and (c) use a strong, unique password. Peerakeet is not liable for any loss or damage arising from your failure to comply with these security obligations.

You may only maintain one active account at a time. Creating multiple accounts, using false information, or impersonating another person is strictly prohibited and may result in immediate termination of your access to the Service.

4. Acceptable Use and User Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms and our Community Guidelines. You agree not to:

(a) Violate any applicable federal, state, local, or international law or regulation;

(b) Transmit, upload, or share any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise objectionable;

(d) Share personal identifying information (such as full names, addresses, phone numbers, email addresses, social media handles, or financial information) in messages, journals, or profile content;

(e) Provide medical, legal, or professional advice to other users;

(f) Solicit, promote, or advertise products, services, or commercial activities;

(g) Attempt to gain unauthorized access to the Service, other users' accounts, or any computer systems or networks connected to the Service;

(h) Use automated systems, bots, scrapers, or data mining tools to access, monitor, or copy any content from the Service;

(i) Interfere with or disrupt the Service, servers, or networks connected to the Service;

(j) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;

(k) Remove, alter, or obscure any proprietary notices, labels, or marks on the Service;

(l) Use the Service in any manner that could damage, disable, overburden, or impair Peerakeet's servers or networks;

(m) Collect or harvest information about other users without their express consent;

(n) Engage in any form of harassment, bullying, discrimination, or hate speech based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic.

5. User Content and Intellectual Property

Your Content: You retain ownership of any content you create, upload, post, or transmit through the Service ("User Content"). However, by submitting User Content, you grant Peerakeet a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating, providing, and improving the Service. This license includes the right to use User Content for safety, moderation, and compliance purposes.

Peerakeet's Intellectual Property: The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by Peerakeet, Inc. and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service or included software, nor may you reverse engineer or attempt to extract the source code of the Service, except as expressly permitted by these Terms or applicable law.

Content Moderation: Peerakeet reserves the right, but not the obligation, to monitor, review, edit, or remove any User Content at any time, for any reason, without prior notice. We may use automated tools, including artificial intelligence, to assist in content moderation and safety monitoring. User Content that violates these Terms or our Community Guidelines may be removed, and users who violate these Terms may face suspension or termination of their accounts.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

HIPAA Compliance: Peerakeet is committed to protecting your health information in accordance with the Health Insurance Portability and Accountability Act (HIPAA) where applicable. When the Service handles protected health information (PHI), we implement HIPAA-compliant safeguards, maintain Business Associate Agreements (BAAs) with service providers, and follow HIPAA privacy and security rules. You have rights under HIPAA regarding your PHI, including the right to access, amend, and receive an accounting of disclosures. For more information about your HIPAA rights, see our Privacy Policy.

SOC 2 Compliance: Peerakeet maintains security controls and practices designed to meet SOC 2 (System and Organization Controls 2) Type II standards. Our security program includes regular audits, access controls, encryption, monitoring, and incident response procedures. While we do not publicly disclose our SOC 2 reports, we maintain these controls to protect your information and ensure the security, availability, and confidentiality of the Service.

Security Measures: Peerakeet implements comprehensive security measures designed to protect your information, including:

Encryption of data in transit (TLS/SSL) and at rest (AES-256 or equivalent)
Multi-factor authentication and strong access controls
Regular security assessments, penetration testing, and vulnerability scanning
Employee training on data privacy, security, and HIPAA compliance
Incident detection and response procedures
Regular backups and disaster recovery planning
Compliance with HIPAA security requirements where applicable
Business Associate Agreements with all service providers handling PHI
Secure data centers and cloud infrastructure (Google Cloud Platform) with SOC 2 and ISO 27001 certifications
Audit logs and monitoring of system access and data usage

Transparency: We are committed to being transparent about our security practices. If you have questions about how we protect your information, please contact us at support@peerakeet.com.

However, no method of transmission over the internet or electronic storage is 100% secure. While we implement industry-standard security measures and comply with applicable regulations, we cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and for promptly reporting any suspected security incidents.

7. Telehealth Services

Peerakeet may facilitate connections between users and certified peer support specialists through telehealth services. By using telehealth features, you acknowledge and agree that:

(a) Telehealth services are provided by independent third-party certified peer support specialists, not by Peerakeet;

(b) Peerakeet acts solely as a technology platform to facilitate connections and does not provide medical, therapeutic, or clinical services;

(d) Peer support specialists are not licensed healthcare providers and cannot provide medical diagnosis, treatment, or prescription services;

(e) Telehealth sessions may be conducted through third-party platforms (such as Zoom), and you are responsible for ensuring your technology and internet connection are adequate;

(f) You are responsible for verifying the credentials and qualifications of any peer support specialist you engage with;

(g) Peerakeet is not responsible for the quality, outcomes, or consequences of telehealth sessions or interactions with peer support specialists.

8. AI and Automated Systems

The Service uses artificial intelligence and automated systems for various purposes, including content moderation, safety monitoring, and peer matching. You acknowledge that:

(a) AI systems are tools that assist human moderation and are not infallible;

(b) AI-generated content or recommendations are provided for informational purposes only and should not be relied upon as professional advice;

(c) Peerakeet uses third-party AI services (including Groq and Llama Guard) that operate under Business Associate Agreements (BAAs) to maintain HIPAA compliance. These AI providers are contractually obligated to:

Protect your information in accordance with HIPAA requirements
Not use your data to train their models
Process data only for the specific services provided to Peerakeet
Maintain appropriate security controls and safeguards
Comply with SOC 2 and other applicable security standards

(d) AI systems may make errors, and Peerakeet is not liable for any harm resulting from AI-generated content or recommendations;

(e) AI processing of your content is necessary for safety, moderation, and service provision, and you consent to such processing as described in our Privacy Policy.

9. Beta Service Disclaimer

The Service is currently offered as a beta or pre-release version. As such, the Service may contain bugs, errors, or incomplete features. Features may be added, modified, or removed at any time without prior notice. While Peerakeet strives to provide a reliable and secure service, we cannot guarantee that the Service will be uninterrupted, error-free, or free from security vulnerabilities during the beta period.

10. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Peerakeet. Peerakeet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. You acknowledge and agree that Peerakeet is not responsible or liable for any damage or loss caused by your use of any third-party service.

Your interactions with third-party services, including payment processors, telehealth platforms, and external support organizations, are solely between you and the third party. Peerakeet is not a party to any agreement between you and a third party.

11. Termination

Termination by You: You may terminate your account at any time by emailing support@peerakeet.com or through account settings in the Service. Upon termination, your right to use the Service will immediately cease.

Termination by Peerakeet: Peerakeet may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to: (a) breach of these Terms; (b) violation of our Community Guidelines; (c) fraudulent, abusive, or illegal activity; (d) requests by law enforcement or other government agencies; (e) extended periods of inactivity; or (f) technical or security issues.

Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Disclaimers and Limitations of Liability

DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. PEERAKEET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEERAKEET, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEERAKEET'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO PEERAKEET IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Peerakeet, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Service, your User Content, or your violation of any rights of another party.

14. Dispute Resolution and Governing Law

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, except as modified by this section. The arbitration shall be conducted in Providence, Rhode Island, United States.

Class Action Waiver: You and Peerakeet agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Peerakeet each waive any right to a jury trial.

Exceptions: Notwithstanding the foregoing, either party may bring an action in small claims court or seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm.

15. Changes to These Terms

Peerakeet reserves the right to modify or replace these Terms at any time at its sole discretion. If we make material changes to these Terms, we will notify you by: (a) posting the updated Terms on the Service; (b) sending an email to the address associated with your account; or (c) providing notice through the Service. Material changes will be effective thirty (30) days after such notice is provided, unless a different effective date is specified.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account as described in Section 11.

16. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Peerakeet regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations.

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

Waiver: No waiver by Peerakeet of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Assignment: You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without Peerakeet's prior written consent. Peerakeet may assign these Terms at any time without notice.

Contact Information: If you have any questions about these Terms, please contact us at support@peerakeet.com or by mail at Peerakeet, Inc., [Address], [City, State ZIP Code].

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.