Peony Health, Inc. Terms of Service
Last Updated: November 8, 2024
Overview
If you have signed a separate agreement with Peony Health, Inc. (“Peony Health,” “we,” “us,” or “our”) to access Peony Health products or services, and that agreement is still active, the terms outlined in this document (“Terms”) do not apply to you; your usage is governed by the separate agreement.
This Agreement ("Agreement") is between Peony Health and the individual or entity (“Customer,” “you,” or “your”) accessing or using Peony Health’s services or platform (the “Product”). By accessing or using the Product, you confirm your acceptance of this Agreement and agree to be bound by these Terms.
If you are acting on behalf of a company, you confirm that you have the authority to bind your company to this Agreement.
Cover Page
Order Form
Framework Terms: This Order Form is governed by the Key Terms below, along with any additional terms specified here.
Cloud Service: Peony Health provides a personalized health and wellness platform that integrates emotional and physical wellness data to deliver tailored, AI-driven recommendations for weight management and mental health support.
Effective Date: The date of initial acceptance of this Agreement.
Subscription Period: 1 month(s)
Cloud Service Fees: Subscription fees vary by plan and usage level. Details of pricing tiers are available on Peony Health’s pricing page. Any pricing updates will be communicated to Customer at least 30 days before they take effect.
Payment Process: Customer authorizes automatic monthly billing to the payment method on file, with charges processed on a recurring basis without additional approval.
Non-Renewal Notice Period: A minimum of 30 days’ notice prior to the end of the current Subscription Period.
Key Terms
Customer: The individual or entity accessing or using the Product. If acting on behalf of an entity, “Customer” refers to that entity.
Provider: Peony Health, Inc.
Governing Law: Delaware state law governs this Agreement.
Chosen Courts: State or federal courts located in Delaware have jurisdiction over any disputes arising under this Agreement.
Covered Claims
Provider Covered Claims
Peony Health will be responsible for defending any claims asserting that the Product, when used as permitted, infringes on third-party intellectual property or proprietary rights.
Customer Covered Claims
Customer is responsible for defending any claims arising from:
- Content or data submitted by Customer that violates third-party intellectual property or proprietary rights.
- Customer’s breach of the restrictions outlined in Section 2.1 of this Agreement.
Limitation of Liability
The total liability of Peony Health for all claims will not exceed the fees paid by the Customer in the preceding 12 months prior to the claim.
General Terms
Termination
Peony Health may suspend or terminate access to the Product at any time if Customer violates these Terms or if such action is necessary to protect the integrity of the platform.
Intellectual Property
Peony Health retains all rights, title, and interest in the Product, including intellectual property. Customer may not copy, modify, distribute, sell, or lease any part of the Product.
Customer Responsibilities
Customer agrees not to misuse the Product or engage in activities that may harm or disrupt Peony Health’s services or networks. Additionally, Customer will not reverse-engineer or interfere with the Product’s functionality.
Notices and Communications
All notices under this Agreement should be sent to:
- For Peony Health: info@heypeony.com
- For Customer: The primary email associated with the Customer’s account
Changes to Terms
Peony Health reserves the right to modify these Terms at any time. Notice of material changes will be provided via email or within the Product itself. Continued use of the Product following any updates indicates acceptance of the revised Terms.