Version 1.0
Effective Date: October 22, 2025

This Terms of Service agreement (“Agreement”) is entered into by and between Peach Worlds Ltd, a company incorporated and registered in England and Wales (Company Number 14631680), with its registered office at 71–75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom (“Peach Worlds”), and the individual or entity that creates an account or otherwise uses or accesses the Services (“Customer”).

By accessing or using the Services (as defined below), Customer agrees to be bound by the terms of this Agreement.


1. Definitions

1.1 “Authorized Devices” means desktop, mobile, or other devices through which the Services can be accessed in accordance with this Agreement.

1.2 “Content” means any code, text, images, designs, data, or materials created by Customer or its Users using the Services or uploaded by them to the Services.

1.3 “Documentation” means user guides, technical manuals, or other materials made available by Peach Worlds that describe the functionality or use of the Services.

1.4 “Order Form” means a written or electronic ordering document agreed between the parties setting out the scope of Services subscribed to by Customer.

1.5 “Packages” or “Components” means optional modules, add-ons, or integrations made available through the Services. Packages and Components may be created by Peach Worlds, Customer, or third parties.

1.6 “Services” means Peach Worlds’ proprietary SaaS products, web design tools, website builder, and associated applications, including but not limited to peachweb.io, peachworlds.com, and builder.peachworlds.com, as further described in the applicable Order Form.

1.7 “User” means an employee, contractor, or individual authorised by Customer to access and use the Services.


2. Rights of Use

2.1 License. Subject to the terms of this Agreement, Peach Worlds grants Customer a limited, non-exclusive, non-transferable licence during the Term to access and use the Services solely for Customer’s internal business purposes.

2.2 Access. Peach Worlds shall provide Customer with account credentials and access protocols necessary to use the Services. Customer is responsible for all activities conducted under its Users’ accounts.

2.3 Account Registration. Each User must register with a unique email address and password. Accounts may not be shared, transferred, or registered by automated methods.

2.4 Restrictions. Customer and its Users shall not:
(a) copy, distribute, or create derivative works of the Services;
(b) reverse engineer or attempt to derive source code;
(c) use the Services for unlawful, harmful, or fraudulent purposes;
(d) upload viruses, malware, or harmful code;
(e) interfere with or disrupt the Services or related networks;
(f) use the Services to develop or operate a competing product;
(g) misrepresent their identity or affiliation; or
(h) infringe third-party intellectual property or privacy rights.

2.5 Content Restrictions. Customer’s Content must not:
(a) violate applicable law or promote illegal activity;
(b) infringe third-party rights;
(c) contain defamatory, obscene, or offensive material;
(d) mislead as to its source or endorsement by Peach Worlds; or
(e) include personal data requiring special protection under law without appropriate safeguards.

Peach Worlds reserves the right (but has no obligation) to remove Content that it reasonably believes violates this Agreement.


3. Ownership
3.1 Services. Except as expressly stated, all intellectual property rights in the Services, Documentation, and related materials remain owned by Peach Worlds and its licensors.

3.2 Customer Content. Customer retains all rights in Content uploaded or created by Customer or its Users.

3.3 Packages, Components, and Templates. Ownership of third-party Packages, Components, or Templates remains with their respective creators.


4. Customer Responsibilities Toward End Users

Customer is solely responsible for its relationship with any natural persons who access websites or materials created via the Services (“End Users”).

Compliance: Customer must comply with applicable data protection and consumer protection laws.

Privacy: Customer must implement a privacy policy that is compliant, transparent, and accessible to End Users.

Security: Customer is responsible for securing End User data and notifying relevant parties of breaches as required by law.

Rights: Customer must respond to End User rights requests (e.g., data access, deletion) in accordance with applicable law.

Peach Worlds does not act as a data controller with respect to End User data.


5. Security

Peach Worlds will implement commercially reasonable technical and organisational measures designed to safeguard Content and Customer data. Customer remains responsible for evaluating whether the Services meet its own security and compliance requirements.


6. Confidentiality

6.1 Confidential Information means any information disclosed by either party that is marked or reasonably understood to be confidential.

6.2 Exclusions. Information is not confidential if it is publicly available, independently developed, or lawfully obtained without restriction.

6.3 Obligations. Each party agrees to keep Confidential Information secure and not disclose it except as required by law.


7. Fees and Payment

7.1 Fees. Customer shall pay all fees specified in the applicable Order Form or Peach Worlds’ published pricing, without setoff or deduction. Fees are non-refundable unless otherwise stated.

7.2 Billing. Unless otherwise agreed, fees are payable in advance and may be charged on a recurring basis depending on the subscription plan.

7.3 Taxes. Fees are exclusive of VAT and other applicable taxes, which will be charged in accordance with law.


8. Warranties and Disclaimers

8.1 Authority. Each party represents that it has the power and authority to enter into this Agreement.

8.2 Customer Content. Customer warrants that it owns or has sufficient rights to the Content it uploads or creates.

8.3 Disclaimer. The Services are provided “as is” without warranties of any kind, express or implied, including merchantability, fitness for purpose, or non-infringement. Peach Worlds does not guarantee that the Services will be uninterrupted or error-free.


9. Limitation of Liability

9.1 Neither party shall be liable for indirect, incidental, or consequential damages, including lost profits, business interruption, or loss of data.

9.2 Peach Worlds’ aggregate liability under this Agreement shall not exceed the total fees paid by Customer in the 12 months preceding the claim.


10. Indemnification

10.1 By Peach Worlds. Peach Worlds shall defend Customer against claims alleging that the Services infringe third-party IP rights, subject to certain exclusions (e.g., misuse or modifications by Customer).

10.2 By Customer. Customer shall indemnify Peach Worlds against claims arising from Customer Content or use of the Services in violation of this Agreement or law.


11. Term and Termination

11.1 Term. This Agreement begins on the Effective Date and continues until terminated in accordance with this Section.

11.2 Termination for Breach. Either party may terminate if the other materially breaches and fails to cure within 30 days of written notice.

11.3 Termination by Customer. Customers on self-service plans may terminate their subscription through their account dashboard.

11.4 Effect of Termination. Upon termination, Customer must cease all use of the Services, and unpaid fees remain due. Certain provisions (e.g., ownership, confidentiality, liability limits) survive termination.


12. Miscellaneous

12.1 Entire Agreement. This Agreement constitutes the complete agreement between the parties and supersedes prior discussions.

12.2 Governing Law. This Agreement is governed by the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to resolve disputes.

12.3 Assignment. Neither party may assign this Agreement without the other’s consent, except to a successor entity in a merger or acquisition.

12.4 Force Majeure. Neither party shall be liable for delays or failures due to causes beyond reasonable control.

12.5 Notices. Legal notices must be delivered in writing to legal@peachworlds.com (or as otherwise notified).

12.6 Counterparts. This Agreement may be executed electronically and in counterparts.

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