Terms of Service — Beta

By creating an account, accessing, or using Peggy (the “Services”), you represent that you are at least 18 years of age (or the age of majority in your jurisdiction), have the legal capacity to enter into a binding contract, and agree to comply with these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

The Services are currently offered in beta. This means the platform is in active development and may contain bugs, errors, incomplete features, or unexpected behavior. The beta designation has important legal consequences described throughout these Terms, including with respect to warranties, liability, and data handling.

These Terms are supplemented by our Privacy Policy, which governs how we collect and use your data, and our Acceptable Use Policy (Section 9), which governs prohibited conduct. Together, these documents form the complete agreement between you and Peggy Inc. with respect to the Services.

By participating in the beta program, you expressly acknowledge and accept that:

• The Services may be unavailable, interrupted, or discontinued at any time, with or without notice.
• Features may be added, modified, or removed without prior notification.
• Data loss may occur. You are solely responsible for maintaining independent backups of any data or outputs you consider important.
• The AI model may produce inaccurate, incomplete, biased, offensive, or otherwise unsuitable outputs (see Section 5).
• Performance, latency, and reliability may vary significantly during the beta period.
• Peggy Inc. may terminate the beta program or your access to it at any time, for any reason or no reason.

During the beta period, you may provide suggestions, bug reports, ideas, or other feedback regarding the Services (“Feedback”). You hereby grant Peggy Inc. a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, distribute, and otherwise exploit any Feedback for any purpose, without attribution or compensation to you.

AI-generated outputs do not constitute and shall not be construed as professional advice of any kind, including but not limited to legal advice, financial advice, tax advice, medical advice, or licensed professional counsel. You should consult qualified professionals before making decisions based on AI-generated suggestions.

You acknowledge that AI models, including those powering Peggy, are subject to inherent limitations, including:

• Hallucinations: The AI may generate plausible-sounding but factually incorrect information, including fabricated statistics, citations, quotes, or claims.
• Bias: AI outputs may reflect biases present in training data, including cultural, demographic, or ideological biases that could be inappropriate for your brand or audience.
• Inconsistency: The same or similar prompts may produce different outputs at different times.
• Lack of Context: The AI may not fully understand the nuances of your industry, market, regulatory environment, or competitive landscape.
• Originality: AI outputs may inadvertently resemble existing copyrighted works, trademarks, or other protected intellectual property of third parties. Peggy does not guarantee that any output is original or non-infringing (see Section 6.4).
• Outdated Information: The AI's knowledge has a training data cutoff and may not reflect the most current facts, trends, or developments.

You are solely and exclusively responsible for: reviewing, verifying, and validating all AI-generated outputs before use; ensuring that any content you publish, distribute, or rely upon complies with all applicable laws, regulations, and third-party rights; obtaining any necessary clearances, licenses, or permissions for content derived from AI outputs; and any consequences, damages, or liabilities arising from your use of AI-generated content.

All rights, title, and interest in and to the Services, including the underlying AI models, algorithms, software, user interface, documentation, trademarks, and trade secrets, are and remain the exclusive property of Peggy Inc. and its licensors. Nothing in these Terms grants you any right, title, or interest in the Services beyond the limited license to use them in accordance with these Terms.

You retain all rights in and to the content, materials, and data you provide to Peggy (“User Input Data”), including brand assets, descriptions, images, and other materials you upload. By submitting User Input Data, you grant Peggy Inc. a non-exclusive, worldwide, royalty-free license to use, process, store, and display your User Input Data solely for the purpose of providing and improving the Services, subject to our Privacy Policy.

Subject to Section 6.4 and to the fullest extent permitted by applicable law, you own the rights to the AI-generated outputs produced for you through the Services (“Generated Outputs”), provided that:

• You have complied with these Terms and all applicable laws.
• Ownership is subject to the underlying intellectual property rights of Peggy Inc. in the AI models and algorithms that produced the outputs.
• Peggy Inc. retains a non-exclusive, royalty-free, perpetual license to use de-identified and aggregated data derived from Generated Outputs for the purpose of improving the Services and training AI models, in accordance with our Privacy Policy.
• Identical or substantially similar outputs may be generated for other users who provide similar inputs, and Peggy Inc. makes no representation of exclusivity.

Peggy does not warrant that Generated Outputs are free of third-party intellectual property claims. AI-generated content may inadvertently reproduce or closely resemble existing copyrighted works, trademarks, or other protected material. You are solely responsible for conducting appropriate due diligence, including trademark searches, copyright clearance, and legal review, before using any Generated Output commercially. Peggy Inc. assumes no liability for infringement claims arising from your use of Generated Outputs.

If you believe that content on the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent at legal@peggy.ai. Your notice must include: identification of the copyrighted work; identification of the infringing material and its location on the Services; your contact information; a statement of good faith belief; and a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the rights holder.

To the maximum extent permitted by law, Peggy Inc.'s total aggregate liability for any and all claims arising out of or related to these Terms or the Services shall not exceed the greater of: (a) the total amount you paid to Peggy Inc. in the twelve (12) months preceding the claim, or (b) fifty U.S. dollars ($50.00).

Without limiting the foregoing, during the beta period, Peggy Inc. shall have no liability whatsoever for: service interruptions, downtime, or unavailability; data loss, corruption, or unauthorized access; any harm resulting from reliance on AI-generated outputs; changes to, discontinuation of, or removal of features; or the failure of the Services to meet your expectations or requirements.

You acknowledge that the limitations of liability in this Section 7 are an essential element of the bargain between you and Peggy Inc., and that Peggy Inc. would not provide the Services without these limitations. These limitations apply even if Peggy Inc. has been advised of the possibility of such damages and even if a limited remedy fails of its essential purpose.

• Generate, upload, or distribute content that is defamatory, obscene, pornographic, harassing, threatening, or hateful.
• Use the Services to create content that infringes the intellectual property rights of any third party.
• Generate deceptive or misleading content, including deepfakes, impersonation, or fraudulent brand materials.
• Create content that promotes illegal activities, violence, or discrimination against any individual or group.
• Generate spam, phishing content, or materials designed to deceive consumers.

• Attempt to reverse-engineer, decompile, disassemble, or extract the source code, algorithms, or model weights of the Services.
• Circumvent, disable, or interfere with any security, access control, or rate-limiting features.
• Use automated means (bots, scrapers, crawlers) to access the Services without our prior written consent.
• Resell, sublicense, or commercially redistribute the Services or access thereto without authorization.
• Introduce malware, viruses, or other harmful code into the Services.
• Use the Services to develop competing AI products or services, or to benchmark the Services for competitive purposes.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We reserve the right to investigate violations and take appropriate action, including but not limited to: issuing warnings; suspending or terminating your account; removing or disabling access to content; reporting conduct to law enforcement; and pursuing legal remedies. We may exercise these rights at our sole discretion, without prior notice.

These Terms remain in effect for as long as you have an account or use the Services, unless earlier terminated.

You may terminate your account at any time by contacting us at support@peggy.ai or through your account settings. Upon termination, your right to access the Services ceases immediately.

We may suspend or terminate your account and access to the Services at any time, with or without cause and with or without notice, including for violation of these Terms, the Acceptable Use Policy, or for any business reason related to the beta program.

Upon termination: your license to use the Services terminates immediately; we may delete your account data, User Input Data, and Generated Outputs in accordance with our Privacy Policy; Sections that by their nature should survive termination will survive, including Sections 2, 5, 6, 7, 8, 12, and 13.

Where feasible, we will provide you with a reasonable opportunity to export your data before deletion. You may request a data export at any time by contacting support@peggy.ai.

Before initiating any formal proceeding, you agree to first attempt to resolve any dispute informally by contacting us at legal@peggy.ai. We will attempt to resolve the dispute within 60 days.

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall be conducted by a single arbitrator. The arbitrator's decision shall be final, binding, and enforceable in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Peggy Inc. and supersede all prior or contemporaneous agreements, representations, and understandings.

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be communicated via email or in-app notification at least 30 days in advance. Your continued use of the Services after the effective date of any modification constitutes acceptance of the revised Terms.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

The failure of Peggy Inc. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Peggy Inc. may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

Peggy Inc. shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, Internet or infrastructure failures, or third-party service provider outages.

Notices to you may be sent to the email address associated with your account. Notices to Peggy Inc. should be sent to legal@peggy.ai.