PAST PEEK — TERMS OF USE
1. Who we are
Past Peek (the "App") is operated by Past Peek LLC, a Nevada limited liability company with its address at 3395 S Jones Blvd, Las Vegas, NV 89146-6729, United States ("Past Peek", "we", "us", "our").
These Terms of Use ("Terms") are a binding agreement between you and Past Peek LLC governing your access to and use of the App, the website at pastpeekapp.com, and all related content, features and services (together, the "Service").
Please read Section 20 carefully. It requires most disputes to be resolved by individual arbitration and waives your right to a jury trial and to take part in a class action, unless you opt out within 30 days.
2. Acceptance
By creating an account, purchasing a subscription, or otherwise using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, do not use the Service.
If you agree to these Terms on behalf of a child or another member of your household, you do so on their behalf and you are responsible for their use of the Service.
3. Definitions
"Account Owner" means the person who registers an account and, where the plan allows additional members, controls that household plan.
"Account Member" means a person invited by an Account Owner to use a seat under that Account Owner's plan.
"Content" means the articles, entries, images, audio, recommendations and all other material made available through the Service.
"Subscription" means a paid plan giving access to the Service, purchased through the Apple App Store or Google Play.
"User Content" means material you submit or create through the Service, including personal tags, ratings, topic requests and messages sent through the contact form.
4. Eligibility, age tiers and parental consent
The Service organises content into three age tiers: Children (ages 7–12), Teens (ages 13–17) and Adults (18 and over).
4.1 Registering an account. You must be at least 13 years old to register an account on your own. If you are between 13 and 17, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
4.2 Children under 13. Children under 13 cannot register independently. A child under 13 may use the Service only as an Account Member added by a parent or legal guardian to that adult's household plan. By adding a child under 13, you represent that you are that child's parent or legal guardian, you consent to our collection and use of the child's information as described in the Privacy Policy, and you accept these Terms on the child's behalf.
4.3 Purchases. Only an Account Owner who is 18 or older may purchase a Subscription or make any payment through the Service.
4.4 Verification. We may, but are not obliged to, take steps to verify age or parental consent. If we learn that a person under 13 has registered independently, or that a child was added without the consent of a parent or legal guardian, we may suspend or delete that account and any information associated with it.
4.5 Location. The Service is offered from the United States. You are responsible for compliance with any local law that applies to you.
5. Your account
5.1 Registration. You must provide accurate, current information when you register and keep it up to date. You may register with an email address and password, or through Sign in with Google or Sign in with Apple. Where an email address is already registered with a password and that address has been verified, signing in with Google using the same address will sign you in to the existing account.
5.2 Security. You are responsible for keeping your password confidential and for all activity under your account. Tell us promptly at pastpeekapp@gmail.com if you believe your account has been accessed without authorisation.
5.3 One person per account. An account is personal to you. You may not share your login credentials, sell or transfer your account, or allow anyone outside your household plan to use it.
5.4 Usernames. We may refuse, reclaim or change a username that is already taken, that impersonates another person, or that we reasonably consider offensive or misleading.
6. Household plans and Account Members
6.1 Seats. Family and Extended Family plans allow the Account Owner to invite additional people, up to the seat limit of the plan. Invitations are sent by email to the address the Account Owner provides.
6.2 The Account Owner's responsibility. The Account Owner is responsible for everyone using a seat on their plan, including minors, for ensuring that each invited person is a member of the Account Owner's household, and for all charges on the plan.
6.3 What the Account Owner can do. The Account Owner may invite members, cancel pending invitations, remove members, and set the content age tier for a child's profile. Removing a member ends that person's access to paid features immediately. Each Account Member has their own profile, interests and library, and the Account Owner does not have access to an Account Member's password.
6.4 Ending the plan. If the Account Owner's Subscription ends for any reason, access to paid features ends for every member of that plan.
7. Subscriptions, billing and cancellation
7.1 Free access. Without a Subscription you may read a limited amount of Content. We may change the extent of free access at any time.
7.2 Plans. Past Peek offers auto-renewing Subscription plans giving unlimited access to the Content for the number of profiles shown:
- PlanIndividualProfiles included1
- PlanFamilyProfiles includedUp to 4
- PlanExtended FamilyProfiles includedUp to 6
Each plan is available on a monthly or yearly basis where offered. The price of each plan, the length of the billing period and what the plan includes are shown in the App before you confirm a purchase, and in the Apple App Store or Google Play. Prices vary by country and exclude any applicable tax.
7.3 How you are billed. Subscriptions are sold and billed through the Apple App Store or Google Play, not by us directly. Payment is charged to your Apple ID or Google account at confirmation of purchase. We do not receive or store your payment card details.
7.4 Automatic renewal. Your Subscription renews automatically at the end of each billing period at the then-current price, and your account is charged within 24 hours before the current period ends, unless you cancel at least 24 hours before the end of that period.
7.5 How to cancel. You can cancel at any time in the subscription settings of your Apple ID or Google account. Cancelling stops the next renewal; it does not end the current period. You keep access to paid features until the end of the period you have already paid for. Deleting the App does not cancel a Subscription.
7.6 Refunds. Payments are handled by Apple and Google, and refunds are governed by their policies. We cannot process refunds for purchases made through an app store; requests must be made to Apple or Google. Except where the law requires otherwise, payments are non-refundable and there are no refunds or credits for a partly used period.
7.7 Free trials and introductory offers. Where a free trial or introductory offer is available, any unused portion is forfeited if you purchase a Subscription during the trial. Unless you cancel at least 24 hours before the trial ends, the trial converts automatically into a paid Subscription at the price disclosed at sign-up.
7.8 Price changes. We may change Subscription prices. A change takes effect at the start of your next billing period, and we will give you advance notice and, where required, ask for your consent through the app store. If you do not accept a new price, you may cancel before it takes effect.
7.9 Promotional codes and complimentary access. We may issue promotional codes and grant complimentary access at our discretion. Codes have no cash value, cannot be exchanged for cash or credit, are limited to the terms stated when issued, and may be withdrawn or cancelled if we reasonably believe they have been obtained or used improperly. Complimentary access granted by us ends on the date stated when it is granted.
7.10 One account per Subscription. A Subscription purchased through an app store is linked to a single Past Peek account. Signing in to a different Past Peek account on the same device does not transfer the Subscription, and the same Subscription cannot give paid access to two accounts. To move a Subscription to a new account — after deleting an old account, for example — use "Restore purchases". If the restore does not complete, contact us at pastpeekapp@gmail.com and we will release the earlier link so the Subscription can be restored.
7.11 Changing plans. You may upgrade or downgrade through your app store subscription settings. Changes take effect according to the app store's rules for the plan concerned. Downgrading to a plan with fewer seats may require you to remove Account Members first.
8. Licence to use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the App on a device you own or control, and to access the Content for your own personal, non-commercial, educational use.
You may not, and may not permit anyone else to:
• copy, reproduce, republish, distribute, sell, licence, rent or otherwise make the Content available to anyone outside your household plan; • use the Content to train, fine-tune or evaluate any machine learning or artificial intelligence system; • scrape, crawl, harvest or use any automated means to extract Content or data from the Service; • reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the extent this restriction is prohibited by law; • circumvent, disable or interfere with any security measure, access control or usage limit, including the limit on free access; • remove or obscure any copyright, trademark or other proprietary notice; • use the Service to develop a competing product or service; or • use the Service in any way that is unlawful, or that interferes with its operation or with other users.
9. Our intellectual property
The Service and all Content, software, design, text, graphics, audio, compilations and arrangements in it are owned by Past Peek LLC or our licensors and are protected by copyright, trademark and other laws. The name Past Peek, our logo and our other marks are our trademarks. Nothing in these Terms transfers any ownership to you. All rights not expressly granted are reserved. We may add, change or remove Content at any time.
10. Your content
10.1 What you submit. You may create User Content such as personal tags, ratings, topic requests and messages to support. You retain whatever rights you have in your User Content.
10.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, reproduce, modify and use your User Content for the purpose of operating, improving and supporting the Service. For topic requests and other suggestions you send us, you additionally agree that we may use them without restriction and without any obligation to compensate or credit you.
10.3 Your responsibility. You are responsible for your User Content and represent that you have the rights to submit it and that it does not infringe anyone's rights or break any law.
10.4 Our discretion. We may review, refuse, remove or edit User Content at our discretion, but we have no obligation to monitor it.
11. Acceptable use
You agree not to:
• use the Service for any unlawful, harmful, fraudulent or abusive purpose; • impersonate any person or misrepresent your identity, age or affiliation; • upload or transmit anything unlawful, defamatory, obscene, hateful, harassing or harmful to minors; • attempt to gain unauthorised access to any account, system or network connected to the Service; • transmit malware or otherwise interfere with the integrity or performance of the Service; or • share, resell or make available your access to anyone outside your household plan.
We may investigate suspected breaches and take any action we consider appropriate, including removing content, suspending or terminating accounts, and reporting to law enforcement.
12. Notifications and communications
12.1 Push notifications. If you allow them, we may send push notifications such as daily recommendations, reminders to continue an article you paused, and streak reminders. You can turn these off at any time in the App's settings or in your device settings.
12.2 Service emails. We may send you emails necessary to operate the Service, such as account verification, household invitations, password resets, receipts and notices about changes to these Terms. You cannot opt out of these while you hold an account.
12.3 Marketing. We will only send marketing email where you have given any consent the law requires, and you can unsubscribe at any time. We do not send marketing communications to children.
12.4 Electronic communications. You consent to receive communications from us electronically, and agree that electronic notices satisfy any legal requirement that a communication be in writing.
13. Third-party services
The Service relies on third parties, including Apple and Google for distribution and billing, and the providers listed in our Privacy Policy for hosting, subscription management and notifications. Your use of an app store is also governed by that store's terms. The Service may contain links to third-party websites, which we do not control and are not responsible for.
14. Availability and changes to the Service
14.1 No guarantee of availability. We aim to keep the Service available but do not guarantee that it will be uninterrupted, timely, secure or error-free. Access may be suspended for maintenance, updates or reasons outside our control.
14.2 Changes. We may add, change, suspend or discontinue any part of the Service, including any feature or Content, at any time. If we discontinue the Service as a whole while you hold a paid Subscription, we will give you reasonable notice, stop any further renewal, and allow your Subscription to run to the end of the period you have already paid for.
14.3 Updates. We may release updates to the App. Some updates may be required for the App to keep working, and your device may install them automatically.
15. Suspension, termination and deletion
15.1 Suspension by us. We may suspend or restrict your account, with or without notice, if we reasonably believe you have breached these Terms, if your account is used unlawfully or fraudulently, or if suspension is necessary to protect the Service, other users or a child. A suspended account cannot sign in by any method, including Sign in with Google or Sign in with Apple.
15.2 Termination by us. We may terminate these Terms and close your account for a material breach, or where required by law. We will give notice where it is reasonable to do so.
15.3 Effect on a paid Subscription. If we suspend or close your account because of your breach, you are not entitled to a refund of any amount already paid, except where the law requires one. If we close your account for a reason that is not your fault, you may cancel your Subscription through your app store and we will not object to a request for a pro-rata refund of the unused part of your current period.
15.4 Deleting your account. You may delete your account at any time from the App's settings. Deletion removes your profile and, where you are an Account Owner, ends access for every member of your household plan.
15.5 Deletion does not cancel billing. Deleting your account does not cancel a Subscription bought through an app store. You must cancel separately in your Apple ID or Google account settings, or you will continue to be charged.
15.6 After deletion. We release your email address so it can be used to register again, and delete or de-identify your personal information as described in the Privacy Policy. Some records may be retained where the law requires. Deletion is permanent: reading history, library, tags and progress cannot be recovered.
15.7 Survival. Sections 9, 10.2, 16, 17, 18, 20 and 22, and any other provision that by its nature should survive, continue after these Terms end.
16. Disclaimers
16.1 Educational content. The Content is provided for general interest and education. Historical and factual material is compiled from sources we consider reliable, but we do not warrant that it is complete, accurate, current or free from error, and it should not be relied on for academic, professional, medical, legal or financial purposes. Recommendations and reading suggestions are generated automatically and are not tailored advice.
16.2 "As is". TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF HARMFUL COMPONENTS.
16.3 Consumer rights. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in these Terms limits any right you have as a consumer that cannot be limited by law.
17. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
17.1 PAST PEEK LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
17.3 These limits are a fundamental basis of the bargain between us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you, and nothing here excludes liability for fraud, or for death or personal injury caused by negligence, where that exclusion is prohibited by law.
18. Indemnification
You agree to indemnify, defend and hold harmless Past Peek LLC and its members, managers, officers, employees, contractors and agents from and against any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of or relating to your use of the Service, your User Content, your breach of these Terms, your violation of any law or of any third party's rights, or the use of the Service by anyone you invite to your household plan, including any minor.
19. App store terms
19.1 Apple. The following applies where you obtained the App from the Apple App Store:
• These Terms are between you and Past Peek LLC only, not with Apple. Apple is not responsible for the App or its content. • The licence granted in Section 8 is limited to use of the App on any Apple-branded product you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing. • Apple has no obligation to furnish any maintenance or support for the App. • If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are our responsibility, not Apple's. • We, not Apple, are responsible for addressing any claim by you or a third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection or similar legislation. • We, not Apple, are responsible for the investigation, defence, settlement and discharge of any third-party claim that the App or your possession and use of it infringes that third party's intellectual property rights. • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. • Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary. • Questions, complaints and support requests about the App should be directed to us at pastpeekapp@gmail.com.
19.2 Google Play. Where you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App or its content. Refunds for purchases made through Google Play are handled under Google's policies.
20. Governing law and dispute resolution
20.1 Governing law. These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Nevada and the federal laws of the United States, without regard to conflict of laws principles.
20.2 Informal resolution first. Before starting arbitration or any other proceeding, you agree to contact us at pastpeekapp@gmail.com describing the dispute and the relief you seek, and to give us 30 days to resolve it.
20.3 Binding individual arbitration. If we cannot resolve the dispute informally, you and Past Peek LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator. The arbitration will be seated in Clark County, Nevada, and may be conducted by telephone, video or written submissions where the rules allow. The arbitrator's award may be entered in any court of competent jurisdiction. This agreement to arbitrate is governed by the Federal Arbitration Act.
20.4 Class action waiver. YOU AND PAST PEEK LLC EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking it, and only to the extent necessary to provide relief on that party's individual claim.
20.5 Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual property rights.
20.6 Your right to opt out. You may opt out of Sections 20.3 and 20.4 by emailing pastpeekapp@gmail.com within 30 days of first accepting these Terms, stating your name, the email address on your account, and that you opt out of arbitration. Opting out does not affect any other part of these Terms, and we will not treat it as a reason to close your account. If you opt out, any dispute will be brought exclusively in the state or federal courts located in Clark County, Nevada, and you and we consent to the personal jurisdiction of those courts.
20.7 Arbitration costs. We will pay the arbitration filing, administration and arbitrator fees that exceed what you would have paid to file the claim in court, unless the arbitrator finds your claim frivolous. Each party otherwise bears its own legal fees, except where the law or the arbitrator's award provides otherwise.
20.8 Severability of this section. If Section 20.4 is held unenforceable as to a particular claim, that claim will be severed from the arbitration and brought in the courts named in Section 20.6, while all other claims remain in arbitration. If Section 20.3 is held unenforceable in its entirety, the court provision in Section 20.6 applies.
20.9 Time limit. To the extent permitted by law, any claim relating to the Service must be brought within one year after it arises.
21. Changes to these Terms
We may update these Terms from time to time. If a change is material, we will give notice before it takes effect, by email or in the App, and update the "Last updated" date above. Changes apply from the effective date of the new version. Continuing to use the Service after that date means you accept the updated Terms. If you do not accept them, stop using the Service and cancel any Subscription. Where the law requires your consent to a change, we will ask for it.
22. General
22.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace any earlier agreement on the subject.
22.2 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, or severed, and the rest will remain in force.
22.3 No waiver. Our failure to enforce any provision is not a waiver of it.
22.4 Assignment. You may not assign or transfer these Terms. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
22.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
22.6 No third-party beneficiaries. Except as stated in Section 19.1 for Apple, these Terms create no rights for anyone who is not a party to them.
22.7 Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.
23. Contact
Past Peek LLC 3395 S Jones Blvd, Las Vegas, NV 89146-6729, United States Email: pastpeekapp@gmail.com Website: pastpeekapp.com