Terms of Service
1. Acceptance of Terms
Welcome to Peerakeet, Inc. ("Peerakeet," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of the Peerakeet mobile application, website, and any 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. If you do not agree to these Terms, do not use the Service and uninstall the app immediately.
IMPORTANT: These Terms contain a binding arbitration clause and class action waiver that affects your legal rights.
2. Service Description
Peerakeet is a peer-support platform that connects individuals dealing with addiction, substance use, and recovery through anonymous, one-on-one conversations. The Service includes:
- Anonymous User Profiles: Auto-generated pseudonymous profiles with recovery topics, stages, and intentions
- Peer Matching: Tinder-style matching system based on shared recovery experiences
- Real-Time Chat: Anonymous messaging with matched peers
- Journal Features: Text and audio journal entries for personal reflection
- Mood Tracking: Daily mood check-ins and progress visualization
- Crisis Detection: AI-powered automated analysis of messages for safety concerns
- Educational Resources: Recovery-related content and support materials
- Emergency Resources: Integration with crisis hotlines and emergency services
- Push Notifications: Service updates, safety alerts, and engagement reminders
CRITICAL DISCLAIMER: Peerakeet is NOT a healthcare provider, medical device, crisis intervention service, or substitute for professional medical care. The Service is for peer support and informational purposes only.
3. Eligibility and Registration
3.1 Age Requirement
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old.
3.1.1 Children's Privacy
- The Service is not intended for children under 18 years of age
- We do not knowingly collect personal information from children under 18
- If we become aware that we have collected information from a child under 18, we will delete it immediately
- Parents or guardians who believe their child has provided us with personal information should contact us immediately
3.2 Geographic Restrictions
The Service is available in the United States and Canada. Users outside these regions may not be able to access all features due to local regulations and data protection requirements.
3.3 Account Creation
To use the Service, you must create an account by providing:
- A valid email address
- A secure password
- Agreement to these Terms and our Privacy Policy
- Consent to receive push notifications (optional but recommended)
3.4 Account Responsibility
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized use
- Ensuring your account information is accurate and current
- Keeping your device secure and updated
3.5 Anonymous Use
While we require an email for account creation, the Service is designed for anonymous peer support. You should not share personally identifiable information in your profile or conversations.
4. Acceptable Use Policy
4.1 Permitted Uses
You may use the Service for:
- Seeking and providing peer support for addiction and recovery
- Sharing personal experiences and insights
- Accessing educational resources
- Connecting with others in recovery
- Personal journaling and mood tracking
4.2 Prohibited Uses
You agree NOT to:
Content Restrictions:
- Share explicit, pornographic, or sexually inappropriate content
- Promote harmful or dangerous activities
- Share medical advice or treatment recommendations
- Attempt to provide professional counseling or therapy
- Share content that promotes self-harm or suicide
- Post content that is harassing, bullying, or discriminatory
- Share personal identifying information of yourself or others
- Attempt to identify other users outside the platform
- Share content that violates intellectual property rights
- Post spam, advertisements, or commercial solicitations
Behavioral Restrictions:
- Use the Service for any illegal purpose
- Attempt to access other users' accounts
- Interfere with the Service's operation or security
- Use automated systems to access the Service
- Attempt to reverse engineer or hack the Service
- Use the Service to solicit business or commercial activities
- Impersonate Peerakeet staff or other users
- Report false emergencies or abuse the crisis detection system
- Create multiple accounts to circumvent restrictions
- Use the Service to stalk or harass other users
4.3 Crisis Situations
If you are in crisis or experiencing thoughts of self-harm:
- IMMEDIATELY call 988 (Suicide & Crisis Lifeline), 911, or your local emergency number
- Text HOME to 741741 for Crisis Text Line support
- Do not rely on Peerakeet for crisis intervention
- The Service is not equipped to handle emergency situations
4.4 Mandatory Reporting
We may be required to report certain information to authorities if:
- We believe you are in immediate danger
- We receive reports of child abuse or neglect
- We are served with a valid legal order
- We detect illegal activity on the platform
4.5 Service Limitations and Fair Use
- The Service is intended for personal, non-commercial use
- Excessive use that impacts other users may result in temporary restrictions
- Automated or systematic data collection is prohibited
- We reserve the right to implement usage limits to ensure fair access for all users
- Commercial use of the Service requires written permission from Peerakeet
5. User-Generated Content
5.1 Content Ownership
You retain ownership of content you create, but you grant Peerakeet a worldwide, non-exclusive, royalty-free license to use, store, and display your content solely to provide the Service, including AI-powered safety analysis.
5.2 Content Standards
All content you submit must:
- Be accurate and truthful to the best of your knowledge
- Comply with these Terms and applicable laws
- Not infringe on others' intellectual property rights
- Not contain personally identifiable information
- Be appropriate for a recovery support environment
5.3 Content Moderation
We reserve the right to:
- Monitor, review, and moderate all content using automated and manual processes
- Remove content that violates these Terms
- Use AI-powered systems for crisis detection and safety analysis
- Suspend or terminate accounts for violations
- Report illegal content to appropriate authorities
- Implement temporary content restrictions for safety
5.4 Audio Content
For voice journal entries:
- You control when and what to record
- Audio is stored securely and encrypted
- You can delete audio recordings at any time
- Audio is permanently deleted when you delete your account
- Audio may be analyzed by AI for safety concerns only
5.5 AI Processing Consent
By using the Service, you consent to:
- AI-powered analysis of your content for safety and moderation
- Automated detection of crisis indicators
- Processing of your data by third-party AI services (OpenAI) for safety purposes
- Temporary storage of processed data for safety analysis
6. Privacy and Data Protection
6.1 Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you agree to our Privacy Policy.
6.2 Data Security
We implement industry-standard security measures including:
- End-to-end encryption for sensitive data
- Regular security audits and penetration testing
- Secure data centers with physical and digital security
- Employee background checks and security training
6.3 Data Retention and Deletion
- Account Data: Deleted within 30 days of account termination
- Chat Messages: Deleted within 7 days of account termination
- Audio Recordings: Deleted within 24 hours of account termination
- Analytics Data: Anonymized and retained for up to 2 years
- Legal Compliance: Some data may be retained longer if required by law
- Backup Data: May be retained for up to 90 days for disaster recovery
6.4 Data Subject Rights
You have the right to:
- Access your personal data
- Correct inaccurate data
- Request deletion of your data
- Export your data in a portable format
- Opt out of certain data processing
- File a complaint with relevant authorities
6.5 International Data Transfers
Your data may be processed in countries other than your own. We ensure adequate protection through:
- Standard Contractual Clauses (SCCs)
- Adequacy decisions where applicable
- Additional safeguards as required by law
6.6 Anonymous Use
The Service is designed for anonymous peer support. You should not share personally identifiable information. We are not responsible for information you choose to share.
6.7 Account Deletion and Data Portability
- You may request complete deletion of your account and all associated data
- Account deletion is irreversible and will remove all your content
- You may request a copy of your data before deletion
- Data export will be provided in a machine-readable format
- Deletion requests will be processed within 30 days
- Some data may be retained for legal compliance as described in Section 6.3
7. AI and Machine Learning
7.1 AI-Powered Features
The Service uses artificial intelligence for:
- Crisis detection and safety analysis
- Content moderation and filtering
- User matching and recommendations
- Automated safety alerts
7.2 AI Processing Transparency
- AI systems are trained on anonymized data
- Human oversight is maintained for critical decisions
- Users are notified when AI analysis affects their experience
- Appeals process available for AI-generated decisions
7.3 Third-Party AI Services
We use OpenAI services for:
- Natural language processing and content analysis
- Content safety analysis and moderation
- Crisis detection algorithms and risk assessment
- Automated content filtering and flagging
7.4 AI Limitations
AI systems may:
- Make errors in content analysis
- Miss certain safety concerns
- Generate false positives
- Require human review for complex cases
8. Intellectual Property
8.1 Our Rights
The Service, including its content, features, and functionality, is owned by Peerakeet and protected by copyright, trademark, and other intellectual property laws.
8.2 Your Rights
You retain ownership of your user-generated content, subject to the license granted in Section 5.1.
8.3 Restrictions
You may not:
- Copy, modify, or distribute our content without permission
- Use our trademarks or branding without authorization
- Reverse engineer or attempt to extract source code
- Create derivative works based on the Service
- Use our content for commercial purposes
8.4 User Content License
You grant us a license to:
- Store and display your content
- Analyze content for safety purposes
- Use anonymized data for service improvement
- Share content with law enforcement when required
9. Service Availability and Modifications
9.1 Service Availability
We strive to maintain 99.5% uptime but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:
- Scheduled maintenance (with 24-hour notice)
- Emergency maintenance (with immediate notice)
- Technical issues or outages
- Force majeure events
9.2 Service Modifications
We reserve the right to:
- Modify, suspend, or discontinue the Service
- Add or remove features
- Update these Terms
- Change pricing (with 30 days notice)
9.3 Notice of Changes
Material changes to these Terms will be announced via:
- In-app notification at least 15 days before effective date
- Email notification to all users
- Updated posting date on our website
- Continued use constitutes acceptance of changes
9.4 Compensation for Extended Outages
For outages exceeding 24 hours:
- Pro-rated refunds for premium features
- Extended service credits
- Alternative support channels during outages
10. Third-Party Services
10.1 Integration
The Service integrates with third-party services including:
- Google Firebase (authentication, database, storage)
- OpenAI (moderation and crisis detection)
- Emergency services (988, 911, Crisis Text Line)
- App Store platforms (iOS App Store, Google Play)
10.2 Third-Party Terms
Your use of third-party services is subject to their respective terms of service and privacy policies.
10.3 No Endorsement
We do not endorse or guarantee third-party services. You use them at your own risk.
10.4 Third-Party Data Processing
Third-party services may process your data for:
- Authentication and security
- Content analysis and safety
- Service delivery and optimization
- Legal compliance
11. Disclaimers and Limitations
11.1 Medical Disclaimer
CRITICAL: Peerakeet is NOT a substitute for professional medical care. Nothing in the Service constitutes medical advice, diagnosis, or treatment. Always consult qualified healthcare providers for medical decisions.
11.2 Emergency Services Disclaimer
Peerakeet is NOT an emergency service. In crisis situations, immediately contact emergency services (988, 911, or local emergency number).
11.3 Peer Support Disclaimer
- Peer advice is not professional medical or therapeutic advice
- Users are responsible for their own recovery decisions
- Peerakeet does not guarantee recovery outcomes
- Individual results may vary
11.4 Service Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
- WARRANTIES OF NON-INFRINGEMENT
- WARRANTIES OF ACCURACY OR RELIABILITY
- WARRANTIES OF UNINTERRUPTED ACCESS
11.5 User Content Disclaimers
We do not:
- Verify the accuracy of user-generated content
- Endorse opinions expressed by users
- Guarantee the effectiveness of peer support
- Assume responsibility for decisions made based on conversations
- Monitor all conversations in real-time
11.6 Technical Disclaimers
We do not guarantee:
- Uninterrupted Service availability
- Error-free operation
- Compatibility with all devices
- Security against all threats
- Data transmission without loss or corruption
11.7 AI and Automation Disclaimers
- AI systems may make errors
- Automated decisions may be incorrect
- Human oversight is not always immediate
- AI analysis is not a substitute for professional judgment
12. Limitation of Liability
12.1 General Limitation
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEERAKET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
- DAMAGES RESULTING FROM USE OR INABILITY TO USE THE SERVICE
- DAMAGES FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
- DAMAGES FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY
- DAMAGES FROM AI-GENERATED DECISIONS OR ANALYSIS
- DAMAGES FROM SERVICE INTERRUPTIONS OR OUTAGES
12.2 Maximum Liability
IN NO EVENT SHALL PEERAKET'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
12.3 Essential Purpose
The limitations in this Section 12 are fundamental to the agreement and apply even if a remedy fails of its essential purpose.
12.4 Exceptions
These limitations do not apply to:
- Personal injury or death caused by our negligence
- Violations of applicable consumer protection laws
- Intentional misconduct or fraud
- Claims that cannot be limited by law
13. Indemnification
You agree to indemnify, defend, and hold harmless Peerakeet, its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Your user-generated content
- Your interactions with other users
- Your reliance on peer advice or support
- Your failure to seek professional medical care when needed
14. Termination
14.1 Termination by You
You may terminate your account at any time by:
- Using the account deletion feature in the app
- Contacting us at info@peerakeet.com
- Uninstalling the app (account remains active until manually deleted)
14.2 Termination by Us
We may terminate or suspend your account immediately if:
- You violate these Terms
- You engage in fraudulent or illegal activity
- You pose a safety risk to other users
- Required by law or regulation
- You abuse the Service or other users
- You attempt to circumvent our safety measures
14.3 Effect of Termination
Upon termination:
- Your access to the Service will cease immediately
- Your account and data will be deleted as described in Section 6.3
- These Terms will continue to apply to any disputes arising before termination
- You may not create a new account without our written permission
14.4 Survival
The following sections survive termination:
- Section 5.1 (Content License)
- Sections 11-12 (Disclaimers and Liability)
- Section 13 (Indemnification)
- Section 16 (Dispute Resolution)
- Section 17 (Governing Law)
15. Data Breach and Security Incidents
15.1 Breach Notification
In the event of a data breach affecting your personal information:
- We will notify you within 72 hours of discovery (or as required by applicable law)
- We will notify relevant authorities as required by law
- We will provide guidance on protective measures
- We will offer credit monitoring if appropriate
- We will provide regular updates on our response and mitigation efforts
15.2 Security Measures
We implement comprehensive security including:
- Encryption at rest and in transit
- Regular security audits and penetration testing
- Employee security training and background checks
- Incident response procedures
- Third-party security assessments
15.3 User Security Responsibilities
You are responsible for:
- Keeping your device and app updated
- Using strong, unique passwords
- Not sharing your account credentials
- Reporting suspicious activity immediately
- Using secure networks when possible
16. Dispute Resolution and Arbitration
16.1 Mandatory Arbitration
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT.
16.2 Arbitration Rules
Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
16.3 Arbitration Location
Arbitration will take place in San Francisco, California, unless you and we agree otherwise.
16.4 Class Action Waiver
YOU AND PEERAKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
16.5 Exceptions
This arbitration clause does not apply to:
- Claims for injunctive or equitable relief
- Claims that cannot be arbitrated under applicable law
- Small claims court proceedings
- Claims related to intellectual property rights
16.6 Opt-Out
You may opt out of this arbitration clause within 30 days of accepting these Terms by emailing us at info@peerakeet.com with "Arbitration Opt-Out" in the subject line.
16.7 Informal Resolution
Before initiating arbitration, both parties agree to attempt informal resolution through:
- Direct communication between parties
- Mediation if mutually agreed
- Good faith negotiation for at least 30 days
17. Governing Law and Jurisdiction
17.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
17.2 Jurisdiction
You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for any disputes not subject to arbitration.
17.3 International Users
For users outside the United States:
- These Terms are governed by California law
- You consent to jurisdiction in California courts
- You waive any objections to venue or jurisdiction
- Local law may provide additional protections
18. Accessibility and Accommodations
18.1 Accessibility Commitment
We are committed to making the Service accessible to users with disabilities:
- Compliance with WCAG 2.1 AA standards
- Support for screen readers and assistive technology
- Alternative formats for content when requested
- Reasonable accommodations for users with disabilities
18.2 Accessibility Support
For accessibility assistance:
- Contact us at info@peerakeet.com
- Request alternative formats of these Terms
- Report accessibility issues
- Request reasonable accommodations
18.3 Continuous Improvement
We regularly review and improve accessibility:
- User feedback and testing
- Regular accessibility audits
- Updates based on best practices
- Training for our development team
19. Miscellaneous
19.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Peerakeet regarding the Service.
19.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
19.3 Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.
19.4 Assignment
You may not assign or transfer your rights under these Terms. Peerakeet may assign these Terms without restriction.
19.5 Force Majeure
Peerakeet shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including:
- Natural disasters
- Government actions
- Internet or telecommunications failures
- Third-party service outages
- Acts of terrorism or war
19.6 Headings
Section headings are for convenience only and do not affect the interpretation of these Terms.
19.7 Electronic Communications
You consent to receive electronic communications from us, including:
- Service updates and notifications
- Safety alerts and warnings
- Legal notices and changes to Terms
- Marketing communications (with opt-out option)
- Crisis intervention alerts (when required for safety)
19.8 Mobile App Terms
By downloading our mobile app, you agree to:
- App store terms and conditions
- Automatic updates and notifications
- Device permissions for app functionality
- Data usage and storage requirements
19.9 Updates and Version Control
- These Terms apply to the current version of the Service
- Previous versions of the Terms are archived and available upon request
- Material changes to these Terms require user consent
- Non-material changes may be made without notice
- Users will be notified of changes through the Service or email
20. Contact Information
Contact Information:
Peerakeet, Inc.
Email: info@peerakeet.com
21. Emergency Resources
CRISIS SUPPORT (24/7):
- 988: Suicide & Crisis Lifeline
- 911: Emergency Services
- 741741: Crisis Text Line (Text HOME)
ADDICTION SUPPORT:
- SAMHSA: 1-800-662-HELP
- National Drug Addiction Hotline: 1-844-289-0879
INTERNATIONAL CRISIS SUPPORT:
- Canada: 1-833-456-4566 (Crisis Services Canada)
- UK: 116 123 (Samaritans)
- Australia: 13 11 14 (Lifeline)
- New Zealand: 0800 543 354 (Lifeline)
- Ireland: 116 123 (Samaritans)
IMPORTANT: If you are in crisis, immediately contact emergency services. Peerakeet is not an emergency service and cannot provide crisis intervention.
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.