Peaky Terms & Conditions

Version 3
Updated 06-03-2025

1. Introduction and purpose
1.1. The Peaky General Terms and Conditions (“Terms and conditions”) shall apply to Peaky delivery
of services for employee engagement (“Service”). The Service shall be delivered to business
customers only.
1.2. By ordering the Service, the customer (“Licensee”) accepts the Terms and conditions which will
apply to the use of the Service for the full length of the subscription (“Duration of Service”). The Term
and Conditions apply in full, unless otherwise stated in the Peaky Licensing Agreement (“Licensing
Agreement”) or addendums to the Licensing Agreement .
1.3. Peaky delivers a web-based Service that allows the Licensee to communicate, train and lead
distributed employees. The Service is delivered as described on the peaky.io website with the
modifications described in the Peaky Licensing Agreement.
1.4. The Service is owned by Peaky (hereinafter referred to as “Peaky” or the “Licensor”), a Danish
company with registered address at Kastanievej 21. 4690 Haslev, Denmark, and registered in the
Danish Trade Register with CVR 44 88 08 06 and E-mail address: mk@peaky.io.

2. License terms
2.1. Peaky hereby assigns Licensee a non-transferable and non-exclusive license to use the Service,
according to the conditions set out in this agreement.
2.2. This license covers the, to date, latest developed and released version of the Service as well as
future updates of the Service with the functionality that is released on the platform to general
implementation for licensees in general.
2.3. New releases of general improvements will continuously be rolled out to the platform
automatically, with no additional cost to the Licensee.

2.4. The Licensee’s Users (Admins and editors) can freely use the Service as long as the Users use
the Service in compliance with the Terms and Conditions defined in this document. It is the
responsibility of the Licensee, that Users comply with the Terms and Conditions.
2.5. The Service can be used for the purposes defined in the Peaky Licensing Agreement.
2.6. The duration of the right to use the service is defined in the Peaky Licensing Agreement.

3. Intellectual property rights
3.1. Licensee has the full and complete ownership, copyright, and intellectual property rights to all
content created with and uploaded to the Service by the Licensee.
3.2. Licensor has the complete ownership, copyright, and any other intellectual property rights to the
Service and all pre-uploaded content, including templates, standard content, graphic design, ideas,
and code of the software platform. These rights are protected by the Copyright Act and by
international conventions of intellectual property rights and may not be copied, reproduced, modified,
decompiled, or distributed except for the uses authorized by Peaky.
3.3. The licensee agrees to Peaky's use of the licensees name and logo for marketing purposes
including but not limited to Peaky's website and Social Media activities.

4. Data handling
4.1. The Licensee is the Data owner of all content in Licensee (User) account(s) on the service.
Peaky is the service provider and takes responsibility for all data handling of the Licensees data in
the Service. As the data handler, Peaky shall treat and protect data according to the rules set out in
this document and also comply with the general rules and legislation for data handling for the
markets where Peaky explicitly provides Services to the Licensee.
4.2. The Peaky Data Processing Agreement (DPA), available here, is an integral part of the Terms
and Conditions.
4.3. In the context of provisioning and operating the Service, Peaky will obtain data about users and
recipients. This data, for example, includes names, phone numbers, e-mail addresses, IP-addresses,
phone model, service provider, and user’s statistics about the recipient’s interactions with messages.
4.4. Peaky shall not use the information obtained by Licensee, its Users and recipients for other
matters than for providing the Service to the Licensee and its Users, and the recipients the Users
communicate with.
4.5. However, Peaky is allowed to use aggregated statistics and usage data from the Licensee,
Users, and recipients in an anonymized form for platform optimization, general analytics, and
benchmarking purposes.

4.6. Upon termination of the Licensing Agreement, Peaky shall return or destroy all personal data
that is unique to the Licensees accounts, but can keep anonymized aggregated data for optimization,
analytics, and benchmarking purposes.
4.7. Peaky shall ensure that any sub-processor and sub-contractor takes appropriate technical and
organizational security measures to protect data processed under this Agreement against accidental
or unlawful destruction, loss, or alteration, and against unauthorized person’s access to information,
or other abuse in conflict with the Act on Processing of Personal Data.
4.8. If Peaky finds or suspects that there has been a security breach, Peaky shall immediately notify
master users thereof. Master users will be contacted via the email address registered for their Peaky
client.
4.9. It is each User’s responsibility to protect the security of his or her login information and ensure
the diligent custody and use of the same, being that the User is responsible for all activities and/or
contents carried out or created using his or her login data.
4.10. The user must notify Peaky immediately of any unauthorized use of his/her password or
account, as well as any other breach of security of which he or she might be aware of.
4.11. The Licensee has the right to do an audit of Peaky at any time to ensure that Peaky complies to
correct data handling according to this agreement and the general legislation for processing and
handling of personal data (Personal Data Protection Act).

5. Right to be forgotten
5.1. Peaky provides a secure and reliable application that ensures automated anonymization,
deletion of data for inactive data subjects, as well as opt-out functionality with subsequent deletion for
data subjects. When a contact has been deleted or inactivated for a certain period of time, this
contact is anonymized, meaning that all their data is overwritten and no longer personally identifiable.
6. Content and usage restrictions

6.1. Peaky does not accept any responsibility for improper use of contents in the Service by Users,
such being the sole responsibility of the Licensee, its Users, and recipients of information who
accesses or makes use of the content.
6.2. It is strictly prohibited to:
6.2.1. Use the Service for any illegal or unauthorized purpose
6.2.2. Collect, upload, publish, send or transmit any information, material or other content that is
illegal, threatening, or libellous
6.2.3. Collect, upload, publish, send, or transmit pornographic material

6.2.4. Collect, upload, publish, send, or transmit any information, material or other content that
violates the rights of third parties, including intellectual property rights
6.2.5. Collect, upload, publish, send or transmit any material that contains viruses or any other kind
of malicious code
6.2.6. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with
a person or entity

7. Warranty
7.1. If the Licensee, after having accepted these license conditions, demonstrates that the Service is
essentially not functioning in accordance with the agreement, or that there are significant errors in the
Service (that is, errors that are characterized by one or more of licensee’s core business functions
not being able to be performed due to the errors in the Service), Licensor may, at its sole
assessment, either:
7.1.1. Free of charge, correct the errors within one week
7.1.2. Refund the license fee that the Licensee has actually paid for the service in the period after the
claim has been received by Licensor – with a deduction of the possible utility of the Service licensee
has had in the period, or
7.1.2.1. Resign from the License Agreement, and refund the license fee for the period after the claim.
7.1.3. Peaky guarantees, that if Peaky ceases to exist and is no longer able to, in some form, to
deliver the Service included in the License agreement to the Licensee, Peaky will supply the
Licensee with a restricted version of the source code of Peaky solution to be used only by the
Licensees for continuation of the use case in the License agreement. The installation may not be
distributed to any third party nor sublicensed.

8. Liability
8.1. Licensor is responsible for product liability according to the current and mandatory legislation.
8.2. Neither party shall under any circumstances be responsible for loss of expected profit, loss of
data, damage of records or data, or any other form of indirect concrete accidental loss or
consequential loss in the occasion of, or in conjunction with, the other party’s use of the Service. In
addition, Licensor accepts no liability with respect to Output.
8.3. In all cases, Licensor’s entire liability for any loss or damage arising in connection with or related
to these license terms or the use of the Service is limited to the license fee actually paid by the
Licensee for the service in the 12 months before sending a possibly justified complaint.

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9. Force majeure
9.1. Licensor is not liable to the licensee when the cause of the failure and the consequent loss is
due to circumstances beyond Licensor’s control and which Licensor does not know the license
agreement should have taken into consideration, nor ought to have avoided or overcome.
9.2. Unpredictable failure, delay or non-delivery, strikes, lockouts, lack of telecommunications
access, restrictions imposed by public authorities and similar events therefore exempts both parties
from liability.

10. Breach
10.1. Licensor is entitled to terminate these Licensing Terms with immediate effect if the Licensee is
in material breach of these.
10.2. Licensee is entitled to immediately terminate the license agreement if the Licensor fails to fulfill
and there is a material breach in the obligations under this License Agreement
11. Applicable law and jurisdiction
11.1. Danish law shall govern any dispute that may arise from the use of the Service and Danish
district court shall have exclusive jurisdiction.