Terms and Conditions

1 Who We Are

Peach and Pit App LLC operates the App.

2 Age Requirement

You must be at least 13 years old to use the App. By creating an account, you confirm that you meet this requirement. If you are between 13 and 17, you confirm that a parent or legal guardian has reviewed and consented to these Terms on your behalf.

If we learn that a user is under 13, we will delete their account immediately. If you believe a child under 13 is using the App, contact us at support@peachandpit.com.

3 Account Creation and Use

To use the App, you must create an account. You agree to provide accurate and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. Notify us immediately at support@peachandpit.com if you suspect unauthorized access to your account.

4 Our Intellectual Property

The App, including its software, design, logos, and the "Peach and Pit" name and mark, is owned by Peach and Pit App LLC and is protected by U.S. and international copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes in accordance with these Terms (and, for iOS, Apple's Usage Rules). You may not copy, modify, distribute, sell, reverse-engineer, or create derivative works from the App or any part of it without our prior written consent.

5 User Content

• Your Posts: The App allows you to share your "peach" (best part of the day) and "pit" (worst part of the day) entries, including text and images. You retain ownership of any content you create and post ("User Content").
• License: By posting User Content, you grant Peach and Pit App LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, modify (such as resizing or formatting), display, distribute, and sublicense to our service providers your User Content within the App solely for the purpose of operating and providing the App's services.
• Your Responsibility: You are solely responsible for your User Content and represent that you have all necessary rights to post it.

6 User Conduct and Prohibited Content

You agree not to post or transmit any content that:

• Is illegal, harmful, threatening, abusive, or harassing.
• Defames, impersonates, or invades the privacy of any person.
• Contains nudity, sexually explicit material, or child sexual abuse material.
• Promotes violence, hatred, discrimination, or illegal activities.
• Constitutes spam, phishing, or unauthorized advertising.
• Infringes any third party's copyright, trademark, or other intellectual property rights.

You also agree not to:

• Use the App for any illegal or unauthorized purpose.
• Harass, stalk, or harm another user.
• Create fake accounts or impersonate any person or entity.
• Interfere with or disrupt the App or its servers.
• Attempt to gain unauthorized access to any part of the App.
• Use automated tools (bots, scrapers) to access or collect data from the App.

7 Reporting and Blocking

We provide in-app tools to report content or users that violate these Terms and to block users you do not wish to interact with. We review reports and will take action — including removing content or suspending accounts — when we find violations. We are not obligated to act on every report, but we take all reports seriously.

To report content or a user, use the report feature in the App or email support@peachandpit.com.

8 Content Moderation and Enforcement

We don't pre-screen User Content, but we reserve the right to remove any User Content at any time, for any reason, without notice, if we believe it violates these Terms or is otherwise harmful. We also reserve the right to immediately suspend or terminate your account and ban you from future use if you violate these Terms. We may report violations to the appropriate legal authorities.

9 Subscriptions and Purchases

• Premium subscriptions are offered through the Apple App Store or Google Play. By purchasing a subscription, you agree to their respective terms of service.
• Auto-renewal: Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date.
• Cancellation: Cancel through your App Store or Google Play subscription settings. Cancellation takes effect at the end of the current billing period — you retain access until then.
• Refunds: All refund requests are handled by Apple or Google under their policies. Peach and Pit App LLC does not issue refunds directly.
• Price changes: We may change subscription prices. We'll give you reasonable notice before a price increase takes effect.

10 Disclaimers and Limitation of Liability

The App is provided "as is" and "as available" without warranties of any kind. Peach and Pit App LLC does not guarantee the App will always be secure, error-free, or uninterrupted.

To the fullest extent permitted by law, Peach and Pit App LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the App, any conduct or content of third parties on the App, or unauthorized access to your account.

Dollar cap on liability: Peach and Pit App LLC's total liability to you for any claim arising out of or relating to these Terms or the App is limited to the greater of (a) $100 USD or (b) the total amount you paid to Peach and Pit App LLC in the twelve (12) months before the claim arose.

11 Indemnification

You agree to defend, indemnify, and hold harmless Peach and Pit App LLC and its members, managers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of the App; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.

12 Arbitration and Class-Action Waiver

Informal resolution first. Before filing any arbitration or court claim, the party with the dispute must send written notice to the other describing the claim and the relief sought. The parties will try in good faith to resolve the dispute informally for 60 days from the date the notice is received. If unresolved after 60 days, either party may proceed to arbitration or small claims court as described below.

Binding arbitration. Except for claims that qualify for small claims court, you and Peach and Pit App LLC agree to resolve any dispute arising out of or relating to these Terms or the App through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Salt Lake County, Utah, or by telephone or video if you prefer.

Class-action waiver. You and Peach and Pit App LLC each waive the right to a jury trial and the right to participate in class actions, class arbitrations, or representative proceedings. If a court finds this class-action waiver unenforceable as to any claim, that claim will proceed in court and not in arbitration, while any remaining claims proceed in arbitration.

Mass arbitration. If 25 or more similar claims are filed against Peach and Pit App LLC by the same or coordinated counsel within 180 days, the AAA's mass arbitration procedures will apply. We reserve the right to elect to have such claims resolved in batches to reduce costs and promote efficiency.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@peachandpit.com with the subject line "Arbitration Opt-Out." Opting out does not affect any other part of these Terms.

Small claims. Either party may bring an individual claim in small claims court in Salt Lake County, Utah, if the claim qualifies.

13 Governing Law and Venue

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law principles. For any dispute not subject to arbitration under Section 12, you and Peach and Pit App LLC consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah.

14 Apple App Store — Additional Terms

If you download the App from the Apple App Store, the following terms also apply:

• These Terms are between you and Peach and Pit App LLC only, not Apple. Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support for the App.
• In the event the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligations regarding the App.
• Apple is not responsible for any claims you or a third party may have relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
• You represent and warrant 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 prohibited or restricted parties list.

15 Changes to These Terms

We may update these Terms from time to time. When we do, we'll change the "Last updated" date at the top. For significant changes, we'll notify you in the App before they take effect. Your continued use of the App after changes are posted constitutes your acceptance of the updated Terms. Changes to Section 12 (Arbitration) will not apply to disputes that arose before the change takes effect.

16 General

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Peach and Pit App LLC regarding the App.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
• Assignment. Peach and Pit App LLC may assign or transfer these Terms (including in connection with a merger, acquisition, or sale of assets) without your consent. You may not assign your rights under these Terms.
• Survival. Sections 5, 6, 10, 11, 12, 13, and 16 survive termination of these Terms or your account.

17 Contact Us

Questions about these Terms? Reach us at: