Terms of Service

Last updated February 18, 2025

If you are younger than 18 years old and there is anything you don't understand in these Terms, it's essential to talk to an adult you trust before using the Peeps Service. Alternatively, reach out to us at contact@chelle.studio with any questions.

Welcome

1. Thank you for using Peeps. Peeps operates a mobile application named "Peeps", available for download on your mobile device (the "Peeps App") that allows users to make new connections and chat with new friends (the "Peeps Service") ("Service").

2. The Peeps Service is provided by Peeps ("Peeps", "we", "our", or "us"). Your use of the Peeps Service and the Service provided through it or related to it are governed by, and subject to, these Terms and Conditions.

Information about us

1. Peeps is operated by Chelle Studio L.L.C. Peeps can be reached at the following email address: contact@chelle.studio.

2. Any use of the Peeps Service must abide by and follow our Safety Guidelines and Safety Resources.

Information about you

Please refer to our Privacy Policy, which is incorporated into these Terms. The Privacy Policy will explain how we collect, use and share information about You.

Description of the Peeps Service

1. The Peeps Service is an app that allows users to instantly make new connections and chat with new friends.

2. When using any of these features, You should comply with our Rules of Acceptable Use as detailed below.

Setting up your account

Once you have installed the Peeps App, you will have to set up an account to use Peeps, and to provide personal information. Keep safe your account and personal information.

1. To access the Peeps Service, You must download the Peeps App on Your device. Some features are only accessible if you set up an account. You will be required to provide Your contact details as part of registration.

2. No one under 13 is allowed to use or access the Peeps Service. Parts of our Service require you to be 18 to access and use them. We may take steps, including the use of third-party tools and services, to determine whether you are old enough to create an account or use various parts of the Service.

By using the Service, you agree that:

  • You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Service;
  • You can form a binding contract with Peeps, or, if you are over 13 but under the age of majority in your country of residence, that your legal guardian has reviewed and agrees to these Terms;
  • You are not barred from using the Services under all applicable laws; and
  • You have not been permanently suspended or removed from the Services.

If you do not understand this section, please ask your legal guardian for assistance and to review these Terms with you.

3. You are responsible for maintaining the confidentiality of Your login details and for any activities that occur under Your Account. If You have any concerns that Your Account may have been misused, You should contact us at contact@chelle.studio straight away to let us know.

4. You agree You will not create an account using false information, or on behalf of someone other than You. You are only permitted to have a single Account and may not use or access multiple accounts at the same time.

Your right to use the Peeps Service

You must not let someone else use your account, and you are not allowed to use any content that is not yours (e.g. images, photos, trademarks, etc.) for other purposes than using Peeps. If you see something that should not be on Peeps, please tell us.

1. The materials and content comprising the Peeps Service (other than any User's own Content) belong to us or our third-party licensors, and we give You permission to use these materials and content for the sole purpose of using the Peeps Service in accordance with these Terms of Service.

2. Your right to use the Peeps Service is personal to You and You are not allowed to give this right to any other person.

3. Unless allowed by these Terms of Service or as permitted by the functionality of the Peeps Service, You agree: not to copy, or attempt to copy the Peeps App or any other portion of the Peeps Service; not to give or sell or otherwise make available the Peeps App to anyone else; not to change, or attempt to change the Peeps App in any way; not to look for, access, copy, distribute or use the code of the Peeps App that we have not expressly published publicly.

4. You agree that all confidential information, copyright, and other intellectual property rights in the Peeps App belong to Us or the people who have licensed those rights to us.

Purchases and subscriptions

Peeps may allow you to purchase products, services, and/or subscriptions directly from the app. If you choose a paying subscription, please note that it may renew automatically unless you terminate it.

1. You agree that the purchase of products, services, and/or subscriptions (hereafter "In-app Purchase" and/or "Subscriptions") from the Peeps App are governed by these Terms.

2. Please note that the use of the Peeps App that has been downloaded through the Apple App Store is subject to the Apple End User License Agreement. The use of the Peeps App downloaded through the Google Play Store is subject to the Google Play Terms of Service.

3. Subscriptions and In-app purchases may be purchased from and billed by Apple App Store or Google Play Store and not Peeps. These purchases are subject to the terms and conditions of Apple or Google. Peeps does not have access to the user's accounts or transactions.

Apple App Store provisions

Even if you have downloaded Peeps from the Apple App Store, Apple has no responsibility for the Peeps app and/or the content available in Peeps. You must however comply with the App Store Terms of Service.

1. This section applies where the Peeps App has been downloaded from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Peeps, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the Peeps App or content thereof. Notwithstanding the foregoing, Your use of the Peeps App must comply with the App Store Terms of Service.

2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Peeps App. In the event of any failure of the Peeps App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Peeps App to You; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Peeps App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service and any law applicable to Peeps as provider of the Peeps App.

3. You acknowledge that Apple is not responsible for addressing any claims by You or any third party relating to the Peeps App or Your possession and/or use of the Peeps App, including, but not limited to: (i) product liability claims; (ii) any claim that the Peeps App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to Peeps as provider of the software.

4. You acknowledge that, in the event of any third-party claim that the Peeps App or Service or your possession and use of that Peeps App or Service infringe that third party's intellectual property rights, Peeps, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

5. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

6. You and Peeps acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service as relates to your license of the Peeps App, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your license of the Peeps App against you as a third-party beneficiary thereof.

Other app marketplaces and platforms

If you have downloaded Peeps from a store other than the Apple App Store, that store has no responsibility for the Peeps app and/or the content available in Peeps. You must however comply with that store's terms of service.

1. This section applies where the Peeps App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the "Distribution Platform"): (a) you acknowledge that these Terms of Service are between you and Peeps, and not with the provider of the Distribution Platform ("Store Provider"); (b) your use of the Peeps App must comply with the Store Provider's then-current Distribution Platform Terms of Service; (c) the Store Provider is only a provider of the Distribution Platform where You obtained the Peeps App.

2. Peeps, and not the Store Provider, is solely responsible for the Peeps App. The Store Provider has no obligation or liability to You with respect to the Peeps App or the Terms of Service.

3. You acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms of Service as it relates to the Peeps App.

Your content

  1. All the content you post on Peeps must be yours and comply with our Rules of Acceptable Use (see section 11 below).
  2. You confirm that any images, data, sound, tags, chat, text or information that You make available or create ("User Content") while using the Peeps Service will conform to and comply with the Rules of Acceptable Use (see section 11, below).
  3. We do not claim ownership of Your User Content, and ownership will remain with You and any third party whose content You include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the Peeps Service (including allowing users that You give access to any User Content to view and use your User Content and including allowing User Content to be used in any Peeps promotion or marketing materials).
  4. You must ensure that you are able to grant, and do grant, us the above license for any content owned by a third party that You include in your User Content. If You have any information that You would like to keep confidential and/or do not want others to Use, do not make it available through the Peeps Service. We have no responsibility to evaluate, Use or compensate You for any ideas or information You may choose to share or make available.
  5. Our right to use Your User Content does not in any way affect Your privacy rights. Please see our Privacy Policy which provides information on how we use your personal information.
  6. We have the right to monitor any User Content and usernames and to reject, refuse or delete any User Content or username where we think that it breaks any of the Rules of Acceptable Use, or for any reason in our sole discretion. You hereby provide Your irrevocable consent to Peeps' regulation, monitoring, copying and recording of User Content. You acknowledge and agree that You have no expectation of privacy concerning the transmission of any User Content or Your username.
  7. When You Use the Peeps Service, You acknowledge and agree that there may exist offensive, indecent or otherwise objectionable material. Peeps is not responsible for any User Content that is uploaded, transmitted, sent, communicated or otherwise made available through the Peeps Service by You or other Users. Peeps uses best-in-class moderation providers and human moderation to pre-screen and monitor User Content and Users' conduct, but despite its best efforts does not guarantee the quality, accuracy, or integrity of User Content. However, Peeps will always act promptly to remove any User Content which violates any applicable law or Peeps Terms, when it is notified to us.

Rules of acceptable use

When using Peeps, you must respect and comply with certain rules, in particular:

  • comply with the security measures put in place by Peeps and do nothing to bypass them
  • use Peeps only for entertainment and make new friends, not to do harm to anyone
  • not submit or contribute any Content that contains nudity or violence or is abusive, threatening, harassing, defamatory, racist, obscene, misleading, impersonates another person or entity, or is untrue or offensive and/or User content relating to alcohol, narcotics, drugs, gambling, body modifications and potentially harmful or dangerous behavior.

If you do not use Peeps in the right way, we can suspend your account. If you carry out illegal activities, we may also bring legal action and/or disclose that behavior to law enforcement authorities.

You can find more information about our moderation rules and our sanctions in case of misuse of Peeps on our Safety Strategy and Community Guidelines pages.

  1. In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to Your use of the Peeps Service (the "Rules of Acceptable Use").
  2. When using the Peeps Service You must not:
    1. circumvent, impair, overburden disable or otherwise interfere with any security related features of the Peeps Service;
    2. give, or allow anyone else to give, any false or misleading information, impersonate any person or permit any other person to use the Peeps Service under Your name or on Your behalf unless such person is authorized by you;
    3. use the Peeps Service if we have suspended or banned You from using it;
    4. advocate, promote or engage in any illegal, improper or unlawful conduct or conduct that causes damage or injury to any person or property;
    5. modify, interfere, intercept, scrape, disrupt or hack the Peeps Service;
    6. misuse the Peeps Service by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which would harm or disrupt the Peeps Service or any user of the Peeps Service's own equipment;
    7. collect any data from the Peeps Service other than in accordance with these Terms of Service;
    8. submit or contribute any User Content that contains nudity or violence or is abusive, threatening, harassing, defamatory, racist, obscene, misleading, impersonates another person or entity, or is untrue or offensive and/or User content relating to alcohol, narcotics, drugs, gambling, body modifications and potentially harmful or dangerous behavior;
    9. submit or contribute any User Content that you do not own or do not have the right to use or otherwise infringes the copyright, trademark, or other rights of a third party (including moral rights);
    10. use any User Content in violation of any licensing terms;
    11. submit or contribute any information or commentary about another person without that person's permission;
    12. threaten, abuse, or invade another's privacy, or cause any annoyance, inconvenience, or needless anxiety or that is likely to harass, upset, embarrass, alarm, or annoy any other person or entity; or
    13. use any automated system, including without limitation "robots", "spiders", "bots" or "offline readers" or similar systems to access the Peeps Service, including in a manner that can use or access the Peeps Service in a way that is more than what a human could reasonably do in the same period of time;
    14. Use the Peeps Service for marketing purposes;
    15. use the Peeps Service for any purpose considered unlawful in the user's jurisdiction.
    16. use the Peeps Service to upload, post, transmit, store, share, livestream or access any material that abuses or sexualizes minors.
    17. use the Peeps Service to groom and other potentially illegal or inappropriate contact and conduct with minors.
  3. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice):
    1. immediate, temporary or permanent suspension of Your right to use the relevant Peeps App or any other portion of the Peeps Service;
    2. immediate, temporary or permanent removal of any User Content;
    3. issuing of a warning to You;
    4. legal action against You including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
  4. The responses described in the previous paragraph are not limited, and we may take any other action we reasonably deem appropriate, in our sole discretion.

Notice and takedown policy

If you see something wrong or that violates applicable law or our Terms, when using Peeps, please contact us at contact@chelle.studio or use our Contact form.

Any person may contact us by sending an "Infringement Notice" if any content available through the Peeps Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to contact@chelle.studio. Please provide: (a) your name and contact details; (b) a statement explaining why you consider the content infringes rights or fails to comply with our Rules; and (c) a link to or means of identifying the problematic content.

We will take the action that we believe is appropriate depending on the nature of the Infringement Notice.

Ending our relationship

If you wish to permanently close your Peeps account, you must notify us at contact@chelle.studio or through the Peeps App.

1. If at any time You do not feel that you can agree to these Terms or any changes made to them, you must immediately stop using the Peeps Service and delete the Peeps App.

2. Deleting the Peeps App might not close any Account you have created. You must notify us at contact@chelle.studio if you wish to close your Account.

3. We may immediately end Your access and use of the Peeps Service if You violate the Rules of Acceptable Use or any other terms relating to the Peeps Service.

4. If you or we end Your access or use of the Peeps Service, we may delete any User Content that You have uploaded. You should ensure that You keep a personal copy of any User Content.

Our liability to you

  1. While we will do our best to ensure that the Peeps App is of a reasonable standard and quality, the Peeps App and any other portion of the Peeps Service may contain some content owned or developed by third parties. As we do not own or produce such third-party content, we cannot be responsible for it in any way.
  2. The Peeps Service may be accessible internationally. However, some of its features or functions may not be accessible or appropriate for use and/or may not be available to all persons or in all geographic locations. In addition, there may be times when the Services or any part of them is not available for technical, maintenance, or other reasons, whether on a scheduled or unscheduled basis.
  3. The Peeps Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Peeps Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Peeps Service in these Terms and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

    THE APPLICATION AND PEEPS SERVICE, INCLUDING ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY OR ALL CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THE APP, SERVICE OR CONTENTS WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE APP AND SERVICE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUS(ES) THAT MAY INFECT ANY USER'S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ANY USER'S ACCESS TO, BROWSING, OR USE OF THE APP OR SERVICE OR THE DOWNLOADING OF ANY CONTENT THERETO. USERS ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS, REGULAR SYSTEM UPGRADES AND OTHER SECURITY CHECKS AND MEASURES) TO SATISFY THEIR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to You based on where You reside or access Our Application.

  4. EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF OUR APPLICATION OR SERVICE OR INABILITY TO USE OUR APPLICATION OR SERVICE, OR FOR ANY CONTENT, ERRORS OR OMISSIONS, INFORMATION, INVESTIGATION, INTERRUPTION, SECURITY BREACH, VIRUS, OR SOFTWARE ISSUE OR MALFUNCTION RELATED TO THE APPLICATION OR SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF FORESEEN.

    Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, Our liability shall be limited to the fullest extent permitted by law.

    In no event shall Our total liability to any User for all damages, losses, and causes of action exceed the amount You paid to Peeps during the six (6) months preceding the claim. You acknowledge and agree that, if You have not paid anything to Peeps during this time period, Your sole remedy (and Peeps' exclusive liability) is for You to stop Using the Application and Service and cancel Your Account.

    You acknowledge that the rights granted and obligations made to Peeps under these Terms are of a unique and irreplaceable nature, the loss of which shall irreparably harm Peeps and which cannot be replaced by monetary damages alone, so that Peeps shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by You.

    You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Application, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material Used or displayed through the Application.

Resolving disputes

Any disputes between you and Peeps will be handled through arbitration, but first contact us at contact@chelle.studio to try to resolve the dispute informally.

  1. You and We agree any dispute, claim or controversy arising out of or relating in any way to the Peeps App and the Services, including, but not limited to, Our Application, Our Content, products, Services, and User interfaces, Our Privacy Policy and/or Our privacy practices generally, these Terms, and this Arbitration Agreement shall be determined by binding arbitration. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT, AND THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR PRIVATE ATTORNEY GENERAL ACTION. This arbitration provision shall survive termination of these Terms.
  2. If you have a dispute with us relating to the Peeps Service, in the first instance please contact us at contact@chelle.studio and attempt to resolve the dispute with us informally ("Informal Resolution"). If we do not reach an agreed-upon solution within ninety (90) days from the time the informal dispute resolution is commenced (the first date You first contacted customer support), then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them. To the extent permitted by applicable law, any dispute must be filed within one year from the date Informal Resolution was commenced or such claim is barred.
  3. Initiation of Arbitration – If the parties do not reach an agreed-upon solution within ninety (90) days from the time the informal dispute resolution is pursued as discussed in Section 10.2 above, then either party may initiate binding arbitration as the sole means to formally resolve all claims and disputes between them, subject to the terms set forth below: All claims and disputes arising out of or relating to this agreement or its Terms (including their interpretation, applicability, formation, performance, and breach), the Privacy Policy, the Application, the Services, the Content, and/or Your Use of any of the Application shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures (excluding any rules or procedures governing or permitting class, collective, or representative actions or proceedings).

    This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability, and formation of the agreement to arbitrate notwithstanding any other choice of law provision contained herein. The arbitration provisions shall survive termination, if any, of this agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the agreement to arbitrate, including without limitation any claim that all or any part of this agreement to arbitrate is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

    Your arbitration fees and Your share of arbitrator compensation shall be governed by the JAMS Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, as appropriate, but shall not incorporate JAMS Class Action Procedures or any JAMS rules or procedures governing, allowing, or permitting class, collective, or representative actions or proceedings. The arbitration shall also be governed, as appropriate, by JAMS Consumer Minimum Standards, including the then-current limit on arbitration filing fees. The JAMS rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267.

    The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial, to the extent allowed by law. The parties further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

    Unless You and We agree otherwise, any arbitration hearing will take place in the County and State where You reside. You and We agree to submit to the personal jurisdiction of any federal or state court in Los Angeles County, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

  4. Class/Collective/Representative/Private Attorney General Waivers- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class, collective, or representative proceeding. If any court or arbitrator determines that the class, collective, or representative action waiver set forth in this Section is void or unenforceable for any reason or that arbitration can proceed on a class, collective, or representative basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

    Notwithstanding the parties' decision to resolve all disputes through arbitration, as an exception to resolving all disputes through binding arbitration, to the extent that a dispute arises from: (i) a violation of enforcement of Peeps intellectual property rights in any manner (but not, for clarity, a dispute or claim related to the license granted to You under these Terms); or (ii) allegations of theft, piracy, unauthorized Use, or a violation of the United States Computer Fraud and Abuse. In that circumstance, the parties agree that either party may seek injunctive remedies (or an equivalent type of urgent legal relief) in court, subject to further provisions below.

  5. Opt-Out – You have the right to opt-out and not be bound by the binding arbitration and class, collective, and representative action waiver provisions set forth herein by sending written notice of Your decision to opt-out to the following address contact@chelle.studio. The notice must be sent within thirty (30) days of the earlier of Your first download of the applicable Application or Your commencing Use of the Application or Service. Your request will only be effective and enforceable if You can prove the request was postmarked within the applicable 30-day deadline. Otherwise, You shall be bound to arbitrate disputes in accordance with the terms of Section 10. If You opt-out of these arbitration provisions, We also will not be bound by arbitration and class, collective, and representative action waiver provisions set forth herein.
  6. Governing Law and Jurisdiction – You agree the laws of the United States of America and the laws of the State of California, without regard to any principles of conflicts of laws, will govern these Terms, Your Use of the Application, and all matters relating to Your access to, and/or Use of, the Application or Service, including all disputes between You and Us. All claims or disputes arising out of or relating to this agreement and the Terms (including their interpretation, formation, performance, and breach), the Privacy Policy, the Application, and/or Your Use of any of the Application or Service shall be subject to and governed in all respects by the laws of the United States of America and the laws of the State of California. You and We irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Los Angeles County, California to resolve any claims or disputes that are subject to exceptions to binding arbitration as set forth above, or otherwise determined not to be arbitrable.

Changes to the Peeps Service

We may need to update, reset, stop offering or supporting a particular part of the Peeps Service. These changes may affect your past activities, features that You use and Your User Content. Your continued use of the Peeps Service will show that you have accepted any changes. You are always free to stop using the Peeps Service.

Changes to the terms

You understand and agree that these Terms can be changed from time to time.

  1. We may revise these Terms of Service from time to time but the most current version will always be on the company website or in the relevant section of the Peeps App.
  2. Changes will usually occur because of new features being added to the Peeps Service, changes in the law or where we need to clarify our position on something.
  3. All changes or updates to these Terms are effective immediately when posted, or later as may be specified in the notice of updated Terms. Your continued Use of the Peeps Service after such an update confirms Your consent to and acceptance of such changes or updates. The most current version of these Terms will govern Your Use and access to the Peeps Service, including without limitation, any content made available on or through the App. If You object to any such changes, Your sole recourse is to cease accessing the Peeps Service.
  4. If you do not comply with these Terms of Service and we do not take action against You immediately, that does not mean we have given up any right we have and we may still take action in the future.

Indemnity

You acknowledge and agree to indemnify, defend and hold Peeps harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of Your Use of the Peeps Application or Service, or any breach by You of the Terms or Rules of Acceptable Use.

Severability

If any provision of these Terms of Service is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of these Terms.

Contact, feedback and complaints

1. If you need to contact us in relation to these Terms of Service, please email us at contact@chelle.studio.

2. We value hearing from our users. By providing your feedback, you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.