Terms and conditions

Version: March 11, 2021

Peek is licensed to you (End-User) by Peek, located at Printerweg 10, Amersfoort, Utrecht 3821AD, Netherlands (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading the application from the appstore or using My Peek in the browser, and any update thereto (as permitted by this License Agreement), you indicate that you agree to be bound by all of the terms and conditions of this License Agreement, and that you accept this License Agreement.

1. THE APPLICATION
Peek (hereinafter: Application) is a piece of software (app and My Peek) created to facilitate creating and follow field trips using an online platform.

2. SCOPE OF LICENSE

2.1  You may not share or make the Application available to third parties, sell, rent, lend, lease or otherwise redistribute the Application.

2.2  You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Peek’s prior written consent).

2.3  You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.4  Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.5  Licensor reserves the right to modify the terms and conditions of licensing.

2.6  Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 Peek recommends using the latest version of the Application.

3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. USE OF DATA

You acknowledge that Peek, when necessary, will be able to access and adjust content and your personal information  The use of such material and information is subject to our legal agreements and privacy policy: https://peek.app/privacy-statement-of-peek/.

5. LIABILITY

5.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

5.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.

5.3 Licensor takes no accountability and responsibility in case of accidents that result from careless use of the app.

5.4 You are responsible for the proper saving and storage of all your data. Peek is not responsible for loss of data due to the loss of an internet connection or equipment failure.

6. WARRANTY

6.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.

6.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Peek’s sphere of influence that affect the executability of the Application.

6.3 You are required to inspect the Application immediately after installing it and notify Peek about issues discovered without delay by e-mail provided in Product Claims.

6.4 If we confirm that the Application is defective, Peek reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

7. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

Peek
Printerweg 10
3821AD Amersfoort
Netherlands
hello@peek.app

8. TERMINATION

The license is valid until terminated by Peek or by You. Your rights under this license will terminate automatically and without notice from Peek if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application.

9. APPLICABLE LAW
This license agreement is governed by the laws of the Netherlands excluding its conflicts of law rules.

10. MISCELLANEOUS

10.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose. 

10.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.