Terms of Service

These Terms of Service ("Terms") govern access to and use of the PeersUp platform, products, applications, websites, NFC cards, software, APIs, and related services (collectively, the "Services") operated under the brand name "PeersUp".

By creating an account, purchasing a product, accessing, or using the Services, you confirm that you have read, understood, and agreed to these Terms and all applicable policies referenced herein.

If you do not agree with these Terms, you may not use the Services.

1. Operator Information

PeersUp is operated by:

Francesko Lamce (Einzelunternehmen)
Römergasse 7
Karben, Germany

VAT ID: DE461880625

Official support channels:

• support@peersup.com
• legal@peersup.com

For the purposes of these Terms, references to "PeersUp", "we", "our", or "us" refer to Francesko Lamce (Einzelunternehmen).

2. Eligibility and Account Registration

2.1 Users must be at least 18 years old to create and use a PeersUp account.

2.2 Access to the Services requires a registered account.

2.3 Users may register using:

• email and password authentication;
• Google authentication; or
• other supported authentication methods made available by PeersUp.

2.4 Users are responsible for:

• maintaining the confidentiality of account credentials;
• restricting unauthorized access to their account;
• ensuring all information provided is accurate and lawful.

2.5 PeersUp may request verification information, including identity-related information, for security, fraud prevention, compliance, KYC, or operational purposes.

2.6 Users may not:

• create accounts using false identities;
• impersonate individuals or organizations;
• transfer or sell accounts without authorization.

3. Description of Services

PeersUp provides a digital networking and identity platform that may include:

• digital profiles;
• NFC-enabled networking cards;
• CRM and contact management tools;
• analytics dashboards;
• profile sharing tools;
• contact exchange systems;
• booking and scheduling tools;
• form creation tools;
• newsletter and email marketing tools;
• AI-assisted content generation tools;
• API and integration access;
• team and organization management features;
• lead collection functionality;
• custom profile applications;
• file uploads and media hosting;
• QR and NFC technology;
• public and private profile visibility settings;
• enterprise and white-label networking solutions.

Services may evolve over time. PeersUp reserves the right to add, remove, modify, suspend, or discontinue features at any time.

4. User Profiles and Public Content

4.1 Users may create public or private profiles.

4.2 Public profiles may:

• appear in search engines;
• be indexed by third parties;
• become publicly accessible on the internet.

4.3 Users are solely responsible for the information, links, media, content, and files published through their profiles.

4.4 Users acknowledge that information intentionally published publicly may be copied, shared, archived, or redistributed by third parties outside PeersUp's control.

4.5 PeersUp reserves the right to:

• moderate content;
• remove content;
• restrict visibility;
• suspend accounts;
• investigate reported content.

5. CRM, Contact Exchange, and Marketing Features

5.1 PeersUp may provide CRM and networking tools allowing users to:

• collect leads;
• exchange contacts;
• store notes and interaction history;
• organize contacts;
• export contact data;
• send communications;
• manage networking relationships.

5.2 Users are solely responsible for ensuring lawful collection and processing of personal data through the platform.

5.3 Users must ensure compliance with:

• GDPR;
• ePrivacy rules;
• CAN-SPAM requirements;
• applicable marketing and anti-spam laws.

5.4 Marketing communications may only be sent where users have obtained all required lawful permissions and consents.

5.5 PeersUp acts solely as a technology provider and does not assume responsibility for unlawful marketing, spam, or misuse conducted by users.

6. TYform Features

6.1 PeersUp may provide form-building functionality allowing users to:

• create custom forms;
• collect submissions;
• collect files;
• embed forms externally;
• conduct surveys;
• export responses.

6.2 Users may not use forms to:

• collect unlawful data;
• distribute malware;
• impersonate organizations;
• conduct phishing;
• violate privacy laws.

6.3 Payment processing through TYform forms is not currently supported unless explicitly authorized by PeersUp.

7. Scheduling Features

7.1 PeersUp may provide scheduling and booking functionality including:

• booking pages;
• calendar integrations;
• automated confirmations;
• attendee management.

7.2 Users are responsible for ensuring calendar integrations and bookings are configured correctly.

7.3 PeersUp is not responsible for missed meetings, scheduling conflicts, or third-party calendar provider outages.

8. AI Features

8.1 PeersUp may integrate third-party AI technologies to assist users with:

• profile content generation;
• CRM summaries;
• outreach drafts;
• networking suggestions;
• form generation;
• communication assistance.

8.2 AI-generated outputs may contain inaccuracies, incomplete information, or inappropriate suggestions.

8.3 Users are solely responsible for reviewing, validating, editing, and approving all AI-generated content before use.

8.4 AI-generated outputs do not constitute legal, financial, professional, or business advice.

8.5 Certain AI-related requests and prompts may be processed by authorized third-party AI providers.

9. Analytics and Tracking

9.1 PeersUp may provide analytics including:

• profile visits;
• clicks;
• interaction metrics;
• geographic insights;
• device insights;
• campaign metrics;
• referral tracking;
• UTM tracking;
• conversion-related insights.

9.2 Users are responsible for using analytics and tracking features lawfully and in compliance with privacy regulations.

9.3 PeersUp does not guarantee the accuracy, completeness, or uninterrupted availability of analytics data.

10. Team and Enterprise Accounts

10.1 PeersUp may provide organization and team management functionality.

10.2 Organization administrators may:

• manage users;
• revoke access;
• manage branding;
• manage billing;
• access organizational analytics;
• manage organization-owned content.

10.3 Organizations are responsible for:

• employee conduct;
• lawful processing of data;
• internal permissions;
• account security.

10.4 PeersUp is not responsible for internal disputes between organizations and their employees, contractors, or users.

11. NFC Cards and Physical Products

11.1 PeersUp may provide physical NFC-enabled networking cards and related products.

11.2 NFC cards may include:

• customized engraving;
• logos;
• QR codes;
• branding;
• profile linking;
• internal identification systems.

11.3 NFC cards are manufactured with the support of authorized third-party vendors and may be engraved, configured, or activated by PeersUp.

11.4 Each NFC card may contain an internal identification reference linked to PeersUp systems.

11.5 Users may not submit:

• illegal content;
• hate speech;
• extremist content;
• discriminatory symbols;
• unlawful graphics;
• infringing trademarks or copyrighted material.

11.6 PeersUp reserves the right to reject, suspend, or cancel any order violating applicable laws or these Terms.

12. NFC Compatibility and Limitations

12.1 PeersUp NFC cards are designed to support most modern NFC-enabled smartphones.

12.2 Compatibility may vary depending on:

• device model;
• operating system;
• browser behavior;
• regional restrictions;
• third-party limitations.

12.3 PeersUp does not guarantee uninterrupted compatibility with all devices or future operating system updates.

13. Card Activation, Loss, and Security

13.1 NFC cards may be activated through:

• dashboard linking;
• QR activation;
• preconfigured profile assignment;
• other supported activation methods.

13.2 Users are responsible for protecting and managing their cards.

13.3 Lost or stolen cards should be reported immediately through the dashboard or support channels.

13.4 PeersUp may deactivate compromised cards where reasonably necessary for security purposes.

14. Shipping and Delivery

14.1 Estimated delivery timelines:

• Germany: approximately up to 2 business days after shipment;
• Europe: approximately up to 5 business days after shipment.

14.2 Delivery estimates are non-binding and may vary depending on:

• production timelines;
• shipping carriers;
• customs processing;
• force majeure events;
• regional limitations.

14.3 PeersUp may use third-party shipping providers including DHL, UPS, Deutsche Post, FedEx, or similar logistics providers.

14.4 Risk of loss transfers to the customer upon confirmed delivery where permitted by applicable law.

14.5 Customers are responsible for providing accurate shipping information.

PeersUp is not responsible for delivery failures caused by:

• incorrect addresses;
• inaccessible delivery locations;
• customer absence;
• customs restrictions.

15. Returns, Refunds, and Defective Products

15.1 Personalized or custom-made NFC cards are exempt from the standard EU consumer withdrawal right pursuant to Article 16(c) of Directive 2011/83/EU.

15.2 Custom products may only be eligible for replacement or refund where:

• defective;
• materially damaged upon delivery;
• incorrectly produced.

15.3 Customers must report damaged or defective products within a reasonable period after delivery and provide reasonable supporting evidence.

15.4 PeersUp reserves the right to:

• investigate claims;
• request additional evidence;
• determine appropriate replacement or refund solutions.

15.5 Subscription services and digital products may become non-refundable once activated, accessed, or substantially performed, subject to mandatory consumer rights.

15.6 Fraudulent refund claims, abusive chargebacks, or payment disputes may result in account suspension or termination.

16. Subscriptions and Billing

16.1 Certain Services require paid subscriptions.

16.2 Subscription plans may include:

• monthly billing;
• yearly billing;
• enterprise agreements;
• custom packages;
• promotional offers;
• free trials;
• lifetime deals.

16.3 Paid subscriptions renew automatically unless canceled before the renewal date.

16.4 Prices may include VAT where legally required.

16.5 Users authorize PeersUp and its payment providers to process recurring charges where applicable.

16.6 PeersUp reserves the right to:

• modify pricing;
• introduce new plans;
• discontinue plans;
• change feature availability.

Material pricing changes will be communicated in advance where legally required.

17. Right of Withdrawal

17.1 Consumers located in the EU/EEA may have statutory withdrawal rights for certain purchases.

17.2 Users requesting immediate activation or access to digital services acknowledge that their withdrawal rights may expire once digital performance has begun where permitted by law.

17.3 Personalized or custom-manufactured products are excluded from withdrawal rights where permitted under applicable EU consumer law.

17.4 Withdrawal requests may be submitted to: legal@peersup.com

18. Acceptable Use

Users may not use PeersUp to:

• violate laws or regulations;
• conduct fraud;
• impersonate individuals or organizations;
• infringe intellectual property rights;
• distribute malware;
• engage in phishing;
• scrape data;
• reverse engineer the platform;
• automate abusive traffic;
• distribute illegal content;
• publish hate speech or extremist content;
• abuse AI systems;
• violate privacy rights;
• conduct unlawful marketing;
• exploit security vulnerabilities;
• interfere with platform operations.

PeersUp reserves the right to investigate, suspend, restrict, or terminate accounts involved in prohibited conduct.

19. User Content and Intellectual Property

19.1 Users retain ownership of content uploaded to the Services.

19.2 Users grant PeersUp a worldwide, non-exclusive, royalty-free license to:

• host;
• process;
• display;
• transmit;
• store;
• technically reproduce;
• distribute content solely for operating and improving the Services.

19.3 Users represent and warrant that they possess all necessary rights to the content they upload.

19.4 PeersUp and its licensors retain ownership of:

• software;
• branding;
• trademarks;
• infrastructure;
• interfaces;
• designs;
• systems;
• documentation.

19.5 Users may not:

• copy;
• resell;
• sublicense;
• clone;
• reverse engineer;
• commercially exploit the platform without authorization.

20. APIs, Integrations, and Third-Party Services

20.1 PeersUp may integrate with third-party providers including payment providers, analytics providers, cloud providers, AI providers, advertising providers, calendar services, communication providers, and external platforms.

20.2 Third-party services operate independently from PeersUp.

20.3 PeersUp is not responsible for:

• third-party outages;
• API failures;
• provider limitations;
• external platform behavior;
• data handling by third parties.

20.4 API access and integration usage may be subject to:

• rate limits;
• authentication requirements;
• technical restrictions;
• additional agreements.

20.5 Unauthorized scraping, automated abuse, or security testing is prohibited.

21. Data Protection and GDPR

21.1 PeersUp implements technical and organizational measures designed to help protect user data.

21.2 Data may be stored within EU-oriented infrastructure where reasonably possible.

21.3 Data may be encrypted in transit and at rest where applicable.

21.4 Access to data is restricted to authorized operational, security, support, legal, or compliance purposes where reasonably necessary.

21.5 Users remain responsible for:

• the lawfulness of uploaded data;
• lawful data collection;
• lawful data sharing;
• lawful marketing practices.

21.6 Users may:

• export certain data;
• modify profile visibility;
• request deletion of accounts;
• manage permissions where available.

21.7 Certain data may be retained following account deletion where legally, operationally, fraud-prevention, accounting, backup, security, or compliance obligations require retention.

21.8 PeersUp may disclose information where required by:

• applicable law;
• valid legal process;
• binding governmental request;
• regulatory obligations.

22. Data Retention

22.1 Account deletion requests may be processed through the dashboard or authorized support channels.

22.2 Certain operational backups, logs, invoices, compliance records, and security data may remain temporarily retained following deletion.

22.3 PeersUp aims to remove or anonymize user data within reasonable operational timelines where legally permissible.

23. Security

23.1 Users are responsible for maintaining the security of their accounts and devices.

23.2 PeersUp may implement:

• rate limiting;
• fraud detection;
• suspicious activity monitoring;
• account verification;
• security logging;
• access controls.

23.3 PeersUp does not guarantee that the Services will be free from:

• interruptions;
• vulnerabilities;
• cyberattacks;
• unauthorized access;
• technical failures.

24. Support Services

24.1 PeersUp provides support through:

• the internal ticketing system;
• verified email communication;
• official support channels.

24.2 PeersUp aims to respond to support requests within approximately 72 hours where reasonably possible.

24.3 PeersUp does not guarantee specific resolution times.

25. Suspension and Termination

25.1 PeersUp may suspend, restrict, investigate, or terminate accounts where reasonably necessary, including where:

• Terms are violated;
• fraud is suspected;
• abuse occurs;
• illegal activity is identified;
• payment disputes arise;
• security risks are detected.

25.2 Certain violations may result in immediate suspension without prior notice where legally permitted.

25.3 Users may terminate their accounts through available account deletion functionality.

25.4 Suspension or termination does not eliminate outstanding payment obligations.

26. Service Availability

26.1 The Services are provided on an "as available" and "as is" basis.

26.2 PeersUp does not guarantee uninterrupted availability, uptime, or error-free operation.

26.3 Maintenance, upgrades, outages, cyber incidents, provider failures, or operational changes may temporarily impact functionality.

27. Disclaimers

27.1 To the maximum extent permitted by law, PeersUp disclaims warranties including:

• merchantability;
• fitness for a particular purpose;
• uninterrupted operation;
• data accuracy;
• compatibility guarantees.

27.2 Mandatory consumer protections under applicable law remain unaffected.

28. Limitation of Liability

28.1 To the maximum extent permitted by law, PeersUp shall not be liable for:

• indirect damages;
• lost profits;
• lost business opportunities;
• lost networking opportunities;
• data loss;
• business interruption;
• reputational harm;
• third-party conduct.

28.2 PeersUp's total aggregate liability shall not exceed the amounts paid by the user during the 12 months preceding the event giving rise to the claim.

28.3 Nothing in these Terms excludes liability that cannot legally be excluded under applicable law, including liability for:

• intentional misconduct;
• gross negligence;
• death or personal injury where applicable;
• mandatory statutory rights.

29. Indemnification

Users agree to defend, indemnify, and hold harmless PeersUp from claims, damages, liabilities, losses, and expenses arising from:

• misuse of the Services;
• unlawful content;
• intellectual property infringement;
• unlawful marketing;
• violation of these Terms;
• violation of applicable laws.

30. Force Majeure

PeersUp shall not be liable for delays or failures caused by events beyond reasonable control, including:

• natural disasters;
• cyberattacks;
• war;
• government actions;
• internet outages;
• infrastructure failures;
• labor disruptions;
• third-party provider failures.

31. Changes to the Services or Terms

31.1 PeersUp may modify the Services and these Terms from time to time.

31.2 Material changes may be communicated through:

• email;
• dashboard notifications;
• website notices.

31.3 Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

32. Governing Law and Jurisdiction

32.1 These Terms are governed by the laws of Germany.

32.2 Consumers located in the EU may additionally benefit from mandatory protections available under the laws of their country of residence.

32.3 The European Commission online dispute resolution platform is available at: ec.europa.eu/consumers/odr

32.4 Where legally permitted, the courts of Germany shall have jurisdiction over disputes arising from these Terms.

33. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

34. Entire Agreement

These Terms, together with referenced policies and applicable agreements, constitute the entire agreement between users and PeersUp regarding the Services.

35. Contact Information

Legal inquiries: legal@peersup.com

Support inquiries: support@peersup.com

Operator:
Francesko Lamce (Einzelunternehmen)
Römergasse 7
Karben, Germany
VAT ID: DE461880625