Terms of Service

These Terms of Service (the "Terms") are a legal agreement between you and PeckPerk. By accessing or using our websites, online store, mobile applications, connected devices, firmware, and cloud-based services (collectively, the "Services"), you agree to be bound by these Terms and the policies referenced above. If you do not agree, do not use the Services.

1) Scope & Definitions

• Site means our websites and online store at peckperk.com and subdomains.
• App means PeckPerk mobile/desktop software.
• Device means PeckPerk hardware (e.g., smart bird feeders) and accessories.
• Cloud Services means online features such as video/image storage, AI recognition, push notifications, and related services (including free and paid tiers).
• Content means text, images, audio, video, data, firmware, documentation, and user-generated content ("UGC").

2) Eligibility & Accounts

You must be the age of majority in your state to use the Services or create an account. You are responsible for safeguarding your account credentials and for all activity under your account. We may suspend or terminate the Services if we believe your use violates these Terms or applicable law.

3) Orders, Pricing & Corrections (Online Store)

Prices, taxes, shipping fees, promotions, and availability may change at any time. We may correct errors or inaccuracies (including after an order is submitted) and cancel any order affected by such errors; if we cancel, we will refund any amount you paid. Product colors shown online may vary by display. Title and risk of loss pass on delivery to the carrier unless prohibited by consumer law.

4) Shipping & Delivery

Shipping timelines shown on the Site are good faith estimates and may vary due to stock levels, warehouse routing, carrier performance, customs, or force majeure. Please review our Shipping & Delivery policy for current regions served, fees, and timelines; that policy is incorporated into these Terms by reference.

5) Returns & Exchanges

Please review our Returns & Exchanges policy (incorporated by reference) for eligibility, time windows, and process. PeckPerk will follow that policy for returns, exchanges, and refunds.

6) Limited Warranty for Devices

If a limited warranty is stated for a Device on the applicable product page or in your proof of purchase, that warranty applies to the Device and governs your remedies (repair, replacement, or refund at our discretion) for defects in materials and workmanship under normal use. The warranty (if applicable) does not cover consumables, normal wear and tear, cosmetic damage, misuse, accidents, modifications or repairs by anyone other than PeckPerk or our authorized providers, or damage from external causes. Warranty service may require proof of purchase and reasonable diagnostic materials (e.g., photos/videos). This warranty gives you specific legal rights; you may have other rights depending on your state.

7) Software License (App & Firmware)

Subject to these Terms, PeckPerk grants you a limited, nonexclusive, nontransferable, revocable license to install and use the App and Device firmware solely with your PeckPerk Device(s) and the Services. You may not: copy, distribute, sell, sublicense, reverse engineer, decompile, disassemble, modify, or create derivative works of the App or firmware, except to the extent permitted by law; remove or alter proprietary notices; or access the Services in a manner not expressly permitted (including scraping, bulk exporting, or circumvention of security or rate limits). We may provide updates or patches that are required for functionality or security; some updates may be automatically installed.

8) Cloud Services & Subscriptions

Some features require a paid subscription ("Subscription").

• Auto-Renewal & Billing. Subscriptions renew automatically at the then-current price unless you cancel before the end of the current term. Where purchased through Apple App Store or Google Play, manage billing and cancellation through your platform account; otherwise, manage in your PeckPerk account.
• Trials. If a free trial is offered, charges begin when the trial ends unless you cancel before that date.
• Service Changes. We may change plan features or pricing prospectively with notice as required by law.
• Storage & Retention. Cloud-stored content is not guaranteed to be retained permanently. On cancellation or expiration of a Subscription (or the Cloud Services), your stored content may be deleted after a reasonable period.
• Availability. Cloud Services may be interrupted, limited, or discontinued due to maintenance, upgrades, capacity, network issues, or events beyond our control. We use commercially reasonable efforts to provide continuity but do not guarantee error-free or uninterrupted operation.

9) User Content (UGC)

You retain ownership of UGC you capture, upload, or stream through the Services. You grant PeckPerk a worldwide, nonexclusive, royalty-free, sublicensable license to host, process, transmit, display, and otherwise use your UGC solely to provide, operate, maintain, and improve the Services (including generating thumbnails, notifications, or in-product showcases you opt into). You represent that you have all rights necessary to grant this license and that your UGC does not violate law or third-party rights. You can delete your UGC from the Services, subject to residual backups and technical limitations.

10) Community Rules & Prohibited Conduct

You agree not to: (a) use the Services unlawfully or to infringe any person's rights; (b) upload illegal, harmful, or infringing content; (c) interfere with or disrupt the Services; (d) access or scrape the Services via automated means not expressly permitted; (e) circumvent security or rate limits; (f) resell, lease, or timeshare the Services; or (g) tamper with Devices, firmware, or software. We may remove content, throttle features, or suspend accounts that violate these Terms.

11) Third-Party Services & Components

Certain features integrate with third-party services (e.g., app stores, payment processors, cloud providers). Those services are governed by their own terms and policies; PeckPerk is not responsible for their acts or omissions. The Services may also include open-source or third-party components subject to separate licenses; those licenses control for the applicable components.

12) Safety, Privacy & Compliance

Use Devices in compliance with local laws (e.g., placement, recording, and wildlife regulations). Do not place Devices where prohibited or in a manner that violates privacy, trespasses, or causes nuisance. You are responsible for obtaining consents required by law (e.g., audio/video capture). Improper installation or firmware tampering may void warranties and impair functionality.

13) Beta / Preview Features

We may offer pre-release features labeled "beta," provided on an "as is" basis, without commitment to release. Feedback you provide may be used by us to improve the Services without obligation to you.

14) Privacy

Our Privacy Policy describes how we collect, use, share, and protect personal information and is incorporated into these Terms by reference. Please review it before using the Services.

15) Disclaimers

THE SERVICES (INCLUDING THE SITE, APP, DEVICES, FIRMWARE, AND CLOUD SERVICES) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND NON-INTERRUPTION. WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE AT ANY PARTICULAR TIME, BE ERROR-FREE, OR THAT DATA WILL NOT BE LOST.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PECKPERK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR REVENUE; OR DAMAGES EXCEEDING THE GREATER OF (A) THE AMOUNTS YOU PAID TO PECKPERK FOR THE APPLICABLE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $100. Some states do not allow certain exclusions/limits; in such cases, these limits apply to the fullest extent permitted.

17) Indemnification

You will indemnify and hold PeckPerk harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your UGC, or your violation of these Terms or applicable law.

18) Suspension & Termination

We may suspend or terminate access for violations, fraud, legal risk, or platform security concerns. Upon termination, licenses end and you must stop using the Services. Sections that by their nature should survive (e.g., IP, disclaimers, limitations, indemnity, dispute resolution) will survive.

19) Changes to the Services or Terms

We may modify the Services or these Terms. If we make material changes, we will provide notice (e.g., via the Site/App or email). Your continued use after the effective date constitutes acceptance. If you do not agree, stop using the Services.

20) Governing Law & Dispute Resolution (U.S.)

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Arbitration/Class-Action Waiver. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and PeckPerk waive any right to a jury trial or to participate in a class action. You may seek relief in small-claims court if your claim qualifies. This Section does not prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property or confidential-information rights.

21) Export & Sanctions Compliance

You agree to comply with all applicable export-control and sanctions laws and not to use, export, or re-export the Services in violation of such laws.

22) Miscellaneous

If any provision is unenforceable, the remainder remains in effect. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale. No waiver is effective unless in writing. These Terms constitute the entire agreement regarding the Services and supersede prior agreements on the same subject.

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PeckPerk End-User License Agreement (EULA)

This End-User License Agreement (this "Agreement" or "EULA") is a legal agreement between you and PeckPerk governing your use of the PeckPerk software applications (the "App") and embedded firmware for PeckPerk devices (the "Firmware," together with the App, the "Software"). If you do not agree to all terms, do not install or use the Software.

1) License Grant; Restrictions

License. Subject to this EULA and our Terms of Service, PeckPerk grants you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to install and use the Software solely with your PeckPerk device(s) and the PeckPerk services.

Restrictions. You will not (and will not permit others to): (a) copy, distribute, sell, lend, lease, or sublicense the Software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, except to the extent such restriction is prohibited by applicable law; (c) modify, adapt, translate, or create derivative works of the Software; (d) bypass, disable, or interfere with security or access controls; (e) access the Software or related services via automated means not expressly permitted (including scraping, bulk exporting, or exploiting rate limits); (f) use the Software for unlawful, infringing, harmful, or harassing purposes; (g) remove or alter proprietary notices; or (h) use the Software with non-PeckPerk devices in a manner not expressly authorized.

2) Ownership; Third-Party Components

The Software is licensed, not sold. PeckPerk and its licensors own all right, title, and interest in and to the Software and all related intellectual property. The Software may include open-source or third-party components governed by separate licenses; to the extent of any conflict, those licenses control for their components. Open-source notices may be posted at our legal page.

3) Installation, Updates & Changes

Updates. We may provide updates, patches, or enhancements to the Software. Some updates may be required to maintain functionality, security, or compatibility and may be automatically installed. By using the Software, you consent to such updates.

Changes. Features may evolve over time. We may modify or discontinue features in line with our Terms of Service and applicable law.

4) Accounts; Data; Privacy

Use of the Software may require a PeckPerk account. You are responsible for safeguarding your account credentials and for all activity under your account. Our Privacy Policy describes how we collect, use, and share information; it is incorporated into this EULA by reference. Review it at our legal page.

5) Permissions & Platform Terms

The App may request permissions (e.g., Bluetooth, Camera, Photos/Library, Location, Notifications) solely to enable device setup, pairing, media capture or download, and feature delivery. Where the App is distributed via Apple App Store or Google Play, your use is also subject to their respective terms and policies. In case of conflict between platform terms and this EULA, platform terms may control for distribution/billing matters.

6) Cloud Services & Subscriptions

Some functionality relies on internet connectivity or separate cloud services and may require a paid subscription. Subscription terms (including auto-renewal, cancellation, storage, and retention) are governed by the PeckPerk Cloud Subscription Terms and are incorporated by reference.

7) Acceptable Use; Community Rules

You agree to comply with applicable laws and not to upload or transmit illegal, infringing, or harmful content. You may not use the Software to stalk, surveil, or otherwise invade privacy; you are responsible for obtaining any legally required consents for audio/video capture or data processing.

8) Safety & Compliance

Use devices and the Software in accordance with manuals, safety guidance, and local regulations (including wildlife and recording rules). Improper installation or firmware tampering may impair functionality and void warranties.

9) Term; Termination

This EULA is effective until terminated. It terminates automatically if you breach any term. Upon termination, you must cease using and uninstall the App and stop using Firmware (except to the extent required to remove the device from service). Sections that by their nature should survive (e.g., ownership, disclaimers, liability limits) will survive termination.

10) Disclaimers

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PECKPERK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AS WELL AS NON-INTERRUPTION OR ERROR-FREE OPERATION.

11) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PECKPERK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR REVENUE; OR DAMAGES EXCEEDING THE GREATER OF (A) THE AMOUNTS YOU PAID TO PECKPERK FOR THE APPLICABLE SOFTWARE OR SERVICE IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $100.

12) Indemnification

You agree to indemnify and hold PeckPerk harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Software or violation of this EULA or applicable law.

13) U.S. Governing Law; Dispute Resolution

This EULA is governed by the laws of the State of New York, without regard to conflict-of-laws rules. Arbitration/Class-Action Waiver. Any dispute arising out of or relating to this EULA or the Software will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and PeckPerk waive any right to a jury trial or to participate in a class action. You may seek relief in small-claims court if your claim qualifies.

14) Export & Sanctions Compliance

You will comply with applicable export-control and sanctions laws and will not use or export the Software in violation of such laws.

15) Miscellaneous

If any provision is unenforceable, the remainder remains in effect. You may not assign this EULA without our consent; we may assign to an affiliate or in connection with a merger, acquisition, or asset sale. No waiver is effective unless in writing. This EULA and the documents incorporated by reference constitute the entire agreement regarding the Software.

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PeckPerk Cloud Subscription Terms

These Cloud Subscription Terms (the "Cloud Terms") govern your purchase and use of PeckPerk cloud-based features, such as extended video history, AI recognition, event notifications, and media backup (collectively, the "Cloud Services"). By purchasing or using a Cloud plan, you agree to these Cloud Terms, the Terms of Service, and the Privacy Policy.

1) Plans; Auto-Renewal

Cloud plans are offered on a subscription basis (monthly or annual, unless otherwise stated) and auto-renew at the end of each term at the then-current price unless you cancel before renewal. We may change plan features or pricing prospectively with notice as required by law.

2) Purchase Channels; Managing Billing

If you purchase via Apple App Store or Google Play, billing, invoices, cancellations, and refunds are governed by your platform account and its policies. Manage renewal and cancellation directly in your Apple or Google subscription settings. If you purchase directly from PeckPerk, manage billing and cancellation in your PeckPerk account.

3) Trials & Promotions

If a plan includes a free trial or promotional period, charges begin when the trial/promo ends unless you cancel before that date. Certain features may be limited during trials.

4) Cloud Storage; Retention; Deletion

Cloud Services provide online storage for eligible content captured by your devices or uploaded via the App. We do not guarantee permanent storage. Upon cancellation or expiration of your plan (or if your plan lapses for non-payment), your stored content may be deleted after a reasonable retention period. Deleted content cannot be recovered. Storage quotas, video history length, and media types retained vary by plan.

5) Availability; Maintenance; Changes

Cloud Services require internet access and compatible hardware/software. Services may be interrupted, limited, or discontinued due to maintenance, upgrades, capacity constraints, network/carrier issues, or events beyond our control. We use commercially reasonable efforts to provide continuity but do not guarantee error-free or uninterrupted operation.

6) Acceptable Use; Security

You may not use the Cloud Services to store or transmit illegal content, infringe others' rights, or violate privacy laws. Do not attempt to bypass security, scrape at scale, or bulk-export content in ways not expressly permitted. You are responsible for safeguarding your account credentials.

7) Data & Privacy

We process your data to provide the Cloud Services (e.g., to store and transmit media, generate thumbnails, enable notifications, or improve recognition features). See our Privacy Policy for details; by using the Cloud Services, you consent to such processing as described there.

8) Device & App Compatibility

Cloud features may vary by device model, region, firmware, and App version. Some updates may be required to maintain compatibility. Failure to install required updates may impair or disable Cloud features.

9) Support

Plan-level support information (if any) will be described in the plan description at purchase. Otherwise, support is provided on a commercially reasonable basis via [email protected].

10) Cancellation & Refunds

• App Store / Google Play purchases: follow the platform's instructions to cancel; refunds are subject to platform policies.
• Direct purchases: you may cancel in your PeckPerk account; we do not provide prorated refunds for partial terms unless required by law. Your access continues until the end of the then-current term.

11) Fair Use; Anti-Abuse

We may implement fair-use limits (e.g., bandwidth, API calls, storage, and event frequency) to protect service quality and prevent abuse or disproportionate load. We may throttle, suspend, or terminate accounts that materially or repeatedly violate these Cloud Terms or applicable law.

12) Disclaimers; Limitation of Liability

THE CLOUD SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PECKPERK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PECKPERK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR REVENUE; OR DAMAGES EXCEEDING THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE CLOUD SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD $100.

13) U.S. Governing Law; Dispute Resolution

These Cloud Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Arbitration/Class-Action Waiver. Any dispute arising out of or relating to the Cloud Services will be resolved by binding arbitration administered by the AAA under its Consumer Arbitration Rules. You and PeckPerk waive the right to a jury trial or to participate in a class action. You may seek relief in small-claims court if your claim qualifies.

14) Changes to Cloud Terms

We may modify these Cloud Terms. If we make material changes, we will provide notice (e.g., via the Site/App or email). Your continued use after the effective date constitutes acceptance. If you do not agree, cancel your plan and stop using the Cloud Services.