Legal · version 2026-11-03-draft
Peervyce Terms of Service
DRAFT TEMPLATE — NOT LEGAL ADVICE. This document was written as a starting point for Peervyce and has not been reviewed by a lawyer. Replace every bracketed placeholder (for example [ENTITY NAME] and [ADDRESS]) and have a lawyer licensed in Massachusetts review it before you rely on it or publish it as final.
Effective date: [EFFECTIVE DATE]
These Terms of Service ("Terms") are an agreement between you and [ENTITY NAME], [ENTITY TYPE], with its principal address at [ADDRESS] ("Peervyce", "we", "us"). They govern your use of peervyce.com, its subdomains, the tracking links and pixels we serve, and our related services (together, the "Platform").
By creating an account or ticking the acceptance box at signup, you agree to these Terms and to the documents they incorporate: the Merchant Agreement or the Affiliate Agreement (whichever matches your account type), the Acceptable Use Policy, the Copyright and IP Complaint Policy and the Cookie Notice. Our Privacy Policy explains how we handle personal information. If a role-specific agreement conflicts with these Terms, the role-specific agreement controls for that subject.
Please read Section 14 carefully. It requires most disputes to be resolved by individual binding arbitration and waives class actions and jury trials.
1. What Peervyce is
Peervyce is a marketplace that connects businesses that sell products or services ("Merchants") with people and companies that promote them ("Affiliates"). We provide tracking links, sale attribution, fraud screening, reporting, and payment routing. We are not a party to the sale between a Merchant and its customers, and we do not sell, ship, warrant, or support Merchants' products.
2. Eligibility and accounts
- You must be at least 18 and able to form a binding contract. If you sign up for a company, you confirm you have authority to bind it, and "you" includes that company.
- Give accurate, current information and keep it updated. One person or business may not run multiple accounts to get around limits, reviews, or suspensions.
- Keep your password and two-factor codes confidential. You are responsible for activity under your account. Tell us promptly at support@peervyce.com if you suspect unauthorized access.
- We may refuse, suspend, or close accounts as described in Section 11.
3. Fees and payments
- Merchant fees, prepaid balances, and Affiliate commissions are described in the role-specific agreements and on the Platform. We may change our fees prospectively with at least 30 days' notice; changes do not apply to sales already recorded.
- Payments are processed by Stripe, Inc. and its affiliates ("Stripe"). Card payments are subject to Stripe's terms, and Affiliate payouts are made through Stripe Connect, subject to the Stripe Connected Account Agreement. We do not hold funds for you as a bank, trustee, or escrow agent.
- You are responsible for your own taxes, except taxes on our own net income.
4. Your content and licences
- "User Content" means anything you submit: program descriptions, creatives, logos, links, product data, and messages. You keep ownership of your User Content.
- You give us a non-exclusive, worldwide, royalty-free licence to host, copy, display, and transmit your User Content only as needed to operate, secure, and promote the Platform (for example, showing a Merchant's program in the marketplace). Merchants also license their creatives and trademarks to approved Affiliates as described in the Merchant Agreement.
- You confirm you have the rights needed for your User Content and that it does not infringe anyone's rights or break the law.
5. Our intellectual property
The Platform, its software, design, and the Peervyce name and logo belong to us or our licensors. Open-source components are used under their own licences. Except for the limited right to use the Platform under these Terms, we grant you no rights in our intellectual property. Do not copy, frame, scrape, reverse engineer, or resell the Platform, except as the law expressly permits.
6. Acceptable use
You must follow the Acceptable Use Policy. In short: no fraud, fake or incentivised clicks or sales unless the Merchant allows them, no spam, no malware, no misleading advertising, no infringing content, and no attempts to break or overload the Platform.
7. Tracking and data
Attribution depends on cookies, click identifiers, and conversion data sent by Merchants. Tracking is never perfect: ad blockers, browser privacy settings, cleared cookies, consent choices, outages, and Merchant integration errors can prevent attribution. Our records of clicks, conversions, and payouts are the basis for payment unless shown to be wrong. Data handling is described in the Privacy Policy.
8. Third-party services and links
The Platform links to Merchant websites and relies on third parties such as Stripe, hosting providers, and email providers. We are not responsible for third-party sites, products, or services, and your use of them is governed by their terms.
9. Feedback
If you send us suggestions, we may use them without obligation to you.
10. Changes to the Platform and these Terms
We may change or discontinue features. We may update these Terms; if a change is material, we will give notice through the Platform or by email at least 30 days before it takes effect, and logged-in users will be asked to accept the new version. Continuing to use the Platform after the effective date means you accept the change. Changes do not apply retroactively to disputes we already know about.
11. Suspension and termination
- You may close your account at any time from the Platform or by emailing support@peervyce.com.
- We may suspend or close your account, withhold or reverse unpaid amounts that relate to a violation, or remove content, if we reasonably believe you broke these Terms or the law, created risk or possible legal exposure for us or other users, or if we are required to by law or by Stripe. Where reasonable and lawful, we will tell you why and give you a chance to respond.
- On termination, amounts properly earned and not subject to reversal will be paid or refunded under the role-specific agreement. Sections 3–5, 7 and 12–17 survive termination.
12. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT TRACKING WILL CAPTURE EVERY SALE, OR THAT ANY PROGRAM WILL PRODUCE A PARTICULAR RESULT. WE DO NOT ENDORSE ANY MERCHANT, AFFILIATE, OR PRODUCT.
13. Limitation of liability and indemnification
13.1 Limitation of liability
TO THE FULLEST EXTENT ALLOWED BY LAW:
(a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED THEY WERE POSSIBLE; AND
(b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE PLATFORM OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE NETWORK FEES YOU PAID US, OR THE COMMISSIONS WE PAID YOU, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (ii) ONE HUNDRED U.S. DOLLARS (US$100).
These limits do not apply to (1) your payment obligations, (2) a party's indemnification obligations, (3) a party's fraud, gross negligence, or wilful misconduct, or (4) liability that cannot be limited by law.
13.2 Indemnification
You will defend, indemnify, and hold harmless Peervyce and its owners, officers, employees, and agents from and against third-party claims, and related losses, damages, fines, and reasonable legal fees, arising from: (a) your User Content, products, services, websites, or advertising; (b) your breach of these Terms, a role-specific agreement, or the Acceptable Use Policy; (c) your violation of law, including consumer-protection, advertising-disclosure, privacy, anti-spam, and tax laws; or (d) disputes between you and another user or your customers. We will tell you promptly about a claim, let you control the defence with counsel reasonably acceptable to us, and cooperate at your expense. You may not settle a claim that imposes obligations on us without our written consent.
14. Dispute resolution and arbitration
14.1 Talk to us first
Before starting any proceeding, send a written notice describing the dispute and the relief you want to support@peervyce.com and [ADDRESS]. We will send notices to the email on your account. Both sides will try in good faith to resolve it for 30 days.
14.2 Binding individual arbitration
If the dispute isn't resolved, it will be settled by final, binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or, if you use the Platform primarily for personal, family, or household purposes, its Consumer Arbitration Rules. A single arbitrator will decide the dispute. The arbitration will be held in Suffolk County, Massachusetts, or by video or written submissions if the parties agree or the rules allow. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section 14.
14.3 Exceptions
Either party may (a) bring an individual claim in small-claims court if it qualifies; (b) seek an injunction in court to protect intellectual property or confidential information, or to stop fraud or unauthorized access; and (c) bring a collection action for undisputed amounts owed.
14.4 Class action and jury waiver
CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON. BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL. If this class-action waiver is found unenforceable for a claim, that claim must be heard in court, not arbitration, and the rest of this Section still applies.
14.5 Opt-out
You may opt out of arbitration by emailing support@peervyce.com within 30 days of first accepting these Terms with your name, account email, and a clear statement that you opt out. Opting out does not affect any other part of these Terms.
14.6 Time limit
To the extent allowed by law, any claim must be brought within one year after it arises.
15. Governing law and venue
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules, and by applicable U.S. federal law. Subject to Section 14, the state and federal courts located in Suffolk County, Massachusetts have exclusive jurisdiction, and both parties consent to personal jurisdiction there. Nothing here removes mandatory consumer protections that apply where you live.
16. Notices and electronic communications
You agree to receive notices, agreements, and tax documents electronically. Legal notices to us must be sent to support@peervyce.com and by mail to [ADDRESS].
17. General
These Terms (with the incorporated documents) are the entire agreement on their subject. If a provision is unenforceable, it will be modified to the minimum extent needed and the rest stays in effect. Our failure to enforce a right is not a waiver. You may not assign these Terms without our consent; we may assign them in a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors; nothing creates a partnership, employment, franchise, or agency relationship.
18. Contact
[ENTITY NAME] · [ADDRESS] · support@peervyce.com