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Our Terms of Service
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Mutual agreement is the first step towards greatness...
These Peeng Terms and Conditions (“Agreement”) are entered into as of the date of registration for and/or first use of the Peeng Products (“Effective Date”), by and between Peeng, Inc. (“Peeng”) and the customer listed in said registration information (“Customer”). By registering for or using the Peeng Products, Customer acknowledges that it is agreeing to the terms of this Agreement. If Customer disagrees with the terms of this Agreement, Peeng does not grant and/or Peeng may immediately terminate Customer’s right to access or use the Peeng Products.
THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
WHEREAS, Customer desires to enter into this Agreement to access and use the Peeng Application Programming Interface (“API”), user interface, platform, website, plugins, software and related documentation and materials provided by Peeng to Customer (collectively, “Peeng Products”);
WHEREAS, Peeng desires to grant Customer the right to access and use the Peeng Products in strict accordance with this Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
- Scope & Current Offerings. As of the Effective Date, Peeng offers certain Peeng Products to Customer. Peeng may add, remove, suspend, discontinue, modify or update the Peeng Products at any time, in its discretion. All updates provided to Peeng’s other customers generally and without additional fees shall also be made available to Customer. After the effective date of such update, Peeng shall bear no obligation to run, provide or support legacy versions of the Peeng Products.
- Support, Uptime & Training. Peeng shall not be obligated to provide any training or customer support for the Peeng Products and makes no representations with respect to any service levels or uptime requirements for the Peeng Products.
GRANT OF RIGHTS, METRICS, IMPLEMENTATION & ACCESS
- Rights to Peeng Products. Subject to the terms and conditions of this Agreement, Peeng grants Customer a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Peeng Products solely to shorten uniform resource locators (“URL”), receive Peeng Metrics and utilize the other products and services contemplated herein during the Term. The grant of rights contemplated in this Section 2(A) shall be for Customer’s internal, non-commercial business purposes, and Customer acknowledges that any enterprise or commercial use of the Peeng Products will require the execution of additional terms and conditions, and agrees to contact Peeng at [email protected] regarding any use therefor.
- Implementation and Access. Peeng shall provide Customer with non-transferable access credentials for the Peeng Products. Customer shall not (i) misrepresent or mask identities when using the Peeng Products or seeking access credentials; (ii) select or use as a username a name subject to any rights of a person or entity other than Customer without appropriate authorization; (iii) select or use, as Customer’s username, a name that is otherwise offensive, vulgar or obscene; or (iv) exceed any access permitted by Peeng. Customer shall safeguard all access credentials provided by Peeng and shall ensure the confidentiality and security thereof. To the extent Customer is a corporate entity rather than an individual (1) only employees and contractors of Customer (“Personnel”) may use the Peeng Products; (2) Customer shall require its Personnel to comply with all Laws and the use restrictions (including user seat restrictions, if applicable) set out in the Agreement or otherwise prescribed by Peeng; (3) Customer represents and warrants that its Personnel have the capacity and authority to enter into this Agreement; and (4) Customer acknowledges that it shall be fully responsible for any acts or omissions of its Personnel, whether authorized or unauthorized. Peeng may update, refresh or change the manner of accessing the Peeng Products in its discretion.
INTELLECTUAL PROPERTY & GRANT RESTRICTIONS
- Ownership. Except for any Customer Content or Customer Services, Customer acknowledges and agrees that Peeng is the sole and exclusive owner of all right, title and interest in and to the Peeng Products and Peeng Metrics and all related documentation, source code, tools, scripts, processes, techniques, methodologies, inventions, know-how, concepts, formatting, arrangements, visual attributes, ideas, database rights, copyrights, patents, trade secrets, and other intellectual property, and all derivatives, enhancements, modifications and improvements thereof (“Peeng Materials”). Nothing in this Agreement or any other document shall be deemed to transfer ownership of the Peeng Materials. Except for the limited license rights expressly granted herein, no rights to Peeng Materials are granted hereunder and all rights in such Peeng Materials are reserved.
- Feedback. Customer is not required to provide any suggestions, enhancement requests, recommendations or other feedback regarding the Peeng Products or Peeng Metrics ("Feedback”). However, if Customer does so, all right, title and interest in and to such Feedback shall be assigned to, and shall become the sole and exclusive property of, Peeng upon its creation.
- Legal Restrictions. Customer and its Personnel shall not, and shall not permit any third party to: (i) create any service, software, documentation or data that is competitive with, substantially similar or confusingly similar to any aspect of the Peeng Products or Peeng Metrics; (ii) use, modify, display, perform, copy, disclose or create derivative works of the Peeng Products except as expressly permitted herein; (iii) reverse engineer, decompile, disassemble, mimic, screen-scrape, frame or mirror the Peeng Products or Peeng Metrics, or use any other means to attempt to discover their source code except as expressly permitted herein; (iv) benchmark, encumber, distribute, sublicense, assign, share, sell, rent, lease, pledge or otherwise transfer the Peeng Products or Peeng Metrics to any third party; (v) transmit harmful, disabling or malicious code or devices, or infringing, defamatory, unlawful, tortious, deceptive, misleading, fraudulent, abusive, indecent or otherwise offensive content, or content that contains someone’s personal information or violates a third party’s intellectual property, privacy or publicity rights (“Prohibited Content”) through the Peeng Products; (vi) access via automated or unauthorized means, interfere with, disrupt or attempt to monitor, override access or circumvent security measures for, the Peeng Products or Peeng Metrics or related systems, including via robots, spiders and other electronic methods; and (vii) obscure, remove or alter any proprietary rights or other notices on the Peeng Products or Peeng Metrics. Notwithstanding anything to the contrary herein, Peeng may, in its sole discretion, immediately revoke the grant of rights contemplated in Section 2(A) if Customer breaches or threatens to breach the restrictions in this Section or creates other security or legal concerns. Customer hereby agrees that Peeng will be entitled, in addition to any other remedies available to it at law or in equity, to injunctive relief to prevent the breach or threatened breach of Customer’s obligations under this Section, without any requirement to demonstrate irreparable harm or post a bond.
- Technical Restrictions. Peeng reserves the right to limit the number and/or frequency of API calls, concurrent URL shortens or other access to or use of Peeng Products in its sole discretion. Customer shall not exceed any such limitations in the relevant documentation or as otherwise provided by Peeng. If Peeng believes that Customer has attempted to exceed or circumvent these limitations, Peeng may suspend or block Customer’s access to the Peeng Products. Peeng may monitor Customer’s use of the Peeng Products, including to ensure Customer’s compliance with this Agreement.
- Open Source Software. Peeng Products may incorporate software that is subject to terms that, as a condition of use, copying, modification or redistribution, require such software and derivative works thereof to be disclosed or distributed in source code form, to be licensed for the purpose of making derivative works, or to be redistributed free of charge (“Open Source Software”). To the extent any Open Source Software license terms are inconsistent with this Agreement, then such rights in the applicable Open Source Software license shall take precedence over the rights granted in this Agreement, but solely with respect to such Open Source Software. Any applicable Open Source Software license is solely between Customer and the applicable licensor of the Open Source Software and Customer shall comply with the applicable Open Source Software license.
- Third Party Materials. Peeng Products may link to or make available third party products, services, websites, social media platforms, data, software or source code, including without limitation Open Source Software (“Third Party Materials”). Peeng has no control over Third Party Materials. Accordingly, Peeng is not responsible or liable for any Third Party Materials. While Peeng has no obligation to monitor Third Party Materials, Peeng may remove or modify such Third Party Materials in its discretion, including without limitation to comply with Law. Customer agrees to comply with all terms and conditions and privacy policies related to any Third Party Materials.
CUSTOMER SERVICES, INFORMATION & URLS
- Customer Services. Peeng shall have no liability for any Customer product or service accessed through or making use of the Peeng Products or any end user, customer or Personnel’s use thereof (“Customer Service”). Customer shall not use the Peeng Products in any manner implying any partnership with, sponsorship by, or endorsement by Peeng. Customer shall not suggest or imply that Peeng is the author of or otherwise responsible for the views or content of the Customer Service. Neither Customer nor the Customer Services shall disparage Peeng or the Peeng Products. The Peeng Products shall not be used in connection with any Prohibited Content, or any activities where the use or failure of the Peeng Products could lead to death, personal injury or property or environmental damage or adversely impact or impose liability on Peeng in any manner.
- Customer URLs. Customer hereby grants to Peeng an irrevocable, perpetual, non-exclusive, sublicensable, transferable, royalty-free, worldwide license, to use, copy, import, display, reproduce, perform, distribute, create derivative works, alter or modify all URLs provided by Customer to Peeng (“Customer URLs”) in connection with the provision, operation and promotion of the Peeng Products, creation of Peeng Metrics and for other business purposes. Subject to Section 5(C), Customer expressly agrees that it shall not input any Customer content into the Peeng Products except Customer URLs. Customer retains all right, title and interest in and to the Customer URLs and is responsible for obtaining, maintaining, retaining and securing the Customer URLs. Customer further acknowledges that all shortened URLs based on Customer URLs will not be broken, taken down, or otherwise disabled even after termination or expiration of this Agreement.
- Peeng DISCLAIMERS. Peeng PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Peeng DOES NOT WARRANT THAT: (I) THE Peeng PRODUCTS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) SHORTENED URLS, THE Peeng PRODUCTS AND Peeng METRICS WILL BE ACCURATE, ERROR-FREE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE Peeng PRODUCTS ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) THE RESULTS OF USING THE Peeng PRODUCTS OR Peeng METRICS WILL MEET CUSTOMER’S REQUIREMENTS OR ANY OF ITS OR ITS USERS’, PERSONNEL’S OR CUSTOMERS’ BUSINESS NEEDS; OR (V) THE Peeng PRODUCTS WILL BE UNINTERRUPTED OR THAT ANY INTERRUPTION WILL BE CORRECTED IN A TIMELY MANNER. CUSTOMER’S USE OF THE Peeng PRODUCTS AND Peeng METRICS IS SOLELY AT ITS OWN RISK. FURTHER, Peeng MAKES NO REPRESENTATIONS OR WARRANTIES AND SHALL ASSUME NO LIABILITY AMOUNTS OR INDEMNITY OBLIGATIONS WITH RESPECT TO ENSURING THAT CUSTOMER’S USE OF THE Peeng PRODUCTS AND Peeng METRICS COMPLY WITH ANY LAWS OR REGULATIONS OUTSIDE THE UNITED STATES AND CUSTOMER SHALL BE SOLELY LIABLE FOR SUCH COMPLIANCE. Peeng SHALL BEAR NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES (E.G., OPEN SOURCE SOFTWARE, SOCIAL MEDIA PLATFORMS, THIRD PARTY MATERIALS OR FOR HOST OR APP STORE PROVIDERS). CUSTOMER RECOGNIZES THAT THE FIGURES CONTAINED IN THE Peeng METRICS PRODUCED HEREUNDER ARE ESTIMATES AND MAY BE SUBJECT TO STATISTICAL ERROR. Peeng DOES NOT WARRANT THAT THE Peeng METRICS WILL BE COMPLETELY CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. Peeng HEREBY DISCLAIMS ANY LIABILITY FOR ANY USE OR RELIANCE ON THE Peeng METRICS BY CUSTOMER AND THIRD PARTIES.
- Agreement Term. This Agreement shall commence on the Effective Date and continue unless otherwise terminated as permitted herein (“Term”).
- Peeng Right to Terminate. Peeng may terminate this Agreement immediately in its discretion. Upon expiration or termination of this Agreement, all applicable rights and access granted to Customer shall automatically terminate and Customer and its Personnel shall cease any further use of the Peeng Products and return, or, if directed by Peeng, destroy, all Confidential Information of Peeng. Any Section of this Agreement which by its nature would survive such expiration or termination shall so survive.
- Publicity. Customer may not use Peeng’s logos or trademarks in any manner without Peeng’s prior written permission, which may be withheld in its sole discretion. Customer grants Peeng the right to use Customer’s logos or trademarks in any case studies or marketing or publicity materials and on its website to identify Customer as a customer that uses the Peeng Services.
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