General Use Terms

"Agreement" means the applicable Sales Order, these General Use Terms (including all exhibits, addenda, and amendments which are properly attached or incorporated by reference), the Data Processing Agreement, and any other documents entered into in relation to the Sales Order.

"AI Feature" means any feature or functionality made available as part of the Platform or Services that involves or interacts with an AI System, and that enables the generation, classification, extraction, translation, prediction, or transformation of content, signals, or data.

"AI System" means a machine-based system that is designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.

"Authorized User(s)" means any individual or entity for whom a unique username and password has been created under Customer's Peepel account.

"Customer" means the entity entering the Agreement with Peepel and as such identified in the Sales Order.

"Customer Content" means all files, content (including audio, video, text, or images), and data (including Personal Data) belonging to or controlled by the Customer, which is uploaded into the platform or otherwise provided to Peepel for processing pursuant to the Services.

"Data Processing Agreement" means the data processing agreement available at https://trust.peepel.io/, which forms an integral part of the Agreement.

"General Use Terms" means these subscriptions terms and conditions.

"Output" means any content, result, recommendation, prediction, extraction, response, or other output generated by or through an AI Feature, regardless of format or whether it is further processed, edited, stored, or used by the Customer.

"Personal Data" means information, taken alone or in combination with other data, which may be used to identify, directly or indirectly, a specific individual.

"Platform" means Peepel's cloud-based HR software platform.

"Sales Order" means the sales order form, statement of work, or other written document detailing the Services being procured by Customer, whether entered into or sent to Peepel or another service provider reselling the Services.

"Services" means the services Peepel offers to its customers via its cloud-based HR software platform.

"Subscription Term" means the duration of the subscription for Services, as stated in the Sales Order, and modified by any applicable extension or early termination.

"Third-Party Product(s)" means any product, platform, or service not developed by Peepel that enhances, manipulates, integrates with, interacts with, interoperates with, or adds functionality to the Services or Customer Content.

"Peepel" means Peepel BV, a limited Belgian company with registered offices at Dok-Noord 3A/403 in 9000 Ghent and registered at the Crossroads Bank for Enterprises under the number 1012.072.363.

All commercial relationships between Peepel and the Customer are governed by (in descending hierarchical order): (i) the Data Processing Agreement, (ii) where applicable the written agreement between Peepel and the Customer, (ii) these General Use Terms, and (iii) Belgian law, unless mandatory, in which case it prevails over higher-ranking items.

By ordering the Services or entering into an agreement with Peepel - including registration for a Demo - the Customer acknowledges to have read these terms and conditions and thereby accepts them.

The (repeated) failure by Peepel to exercise any right may only be construed as the toleration of a particular situation and shall not give rise to a forfeiture of rights.

The invalidity of one or more provisions of these General Use Terms or any part thereof, shall not affect the validity and enforceability of the other clauses and/or the remainder of the provision in question.

Unless expressly agreed otherwise, the expected time of performance of the Services is always approximate and non-binding.

During the performance of the Services, Peepel undertakes to use its best efforts and shall act in good faith and with due care.

Announcements on the website (https://peepel.io/) and/or on the social media of Peepel are entirely non-binding and may only be regarded by the Customer as an invitation to order the Services, unless explicitly specified otherwise.

An offer shall only be valid for (i) a specific Sales Order and shall thus not automatically apply to subsequent (similar) orders as well as for (ii) the duration as indicated thereon, however never longer than thirty (30) days after reception of the offer.

An agreement shall become effective upon (i) electronic confirmation of the agreement by a person authorized to commit Peepel and the Customer, or (ii) the moment when Peepel starts with the performance of the Services.

Peepel always reserves the right to request additional information regarding the Customer, its activities or creditworthiness.

Customer acknowledges and agrees that the Platform is not designed to serve as master storage of Customer Content.

Customer retains complete control over the installation, configuration, and usage of the Platform.

Customer is responsible for ensuring that Customer Content does not violate the agreement, third-party intellectual property rights, or applicable laws and regulations.

All right, title and interest in and to Customer Content remains with the Customer or its licensors.

Customer represents and warrants that it will comply with all applicable privacy laws, regulations, self-regulatory guidelines.

Peepel provides the Services on an "as-is" and "as-available" basis. Peepel disclaims and makes no other representation or warranty of any kind, express, implied, or statutory.

For each AI Feature, Peepel shall use reasonable efforts to ensure that such AI Feature functions in accordance with the applicable documentation. However, the Customer acknowledges that Outputs may be generated in a probabilistic or non-deterministic manner.

Peepel is and remains the sole owner of all copyrights and other intellectual property rights with respect to the Platform and the Services.

The access to the platform provided to the Customer solely implies the right to access and use - at a charge - the Services. No implied licenses shall be granted.

No rights are granted to any underlying model, component, AI System, or architecture used to generate Output.

Peepel shall not claim any rights in or to the Output. The Customer is solely responsible for the use of the Output.

The Customer undertakes to keep all information which is disclosed under or in connection with this Agreement confidential.

If the Customer violates this obligation, Peepel is entitled to claim a fixed compensation of EUR 25,000 per breach.

The Customer acknowledges that an AI Feature may incorporate or rely on services, models or infrastructure provided by third-party providers.

Peepel shall remain responsible for the performance of any AI Feature made available to the Customer under the Agreement.

If the European Commission or the European AI Office publishes model contractual clauses for the deployment or use of AI Systems classified as high risk under Regulation (EU) 2024/1689, and an AI Feature under this Agreement qualifies as such, then those model clauses shall apply.

Peepel's liability shall be limited to the lower of: (i) the invoice value of the Services in the year when the liability arose, or (ii) the amount of the insurance policies entered into by Peepel.

To the fullest extent permitted under applicable law, Peepel shall not be liable for any indirect, incidental, consequential, special, or reliance damages.

The Customer expressly agrees to exclude the application of article 6.3, §§1 and 2 of the Belgian Civil Code for the benefit of Peepel.

The Customer shall defend, indemnify and hold harmless Peepel from and against any third party claims arising out of or in connection with Customer Content, the Customer's use of the Platform in breach of the Agreement, or any Third Party Product enabled by the Customer.

Peepel undertakes that the collection and processing of Customers' data shall take place in accordance with the Data Processing agreement and Peepel's Privacy Policy.

Peepel is not liable for any breach of its obligations that is caused by force majeure or hardship.

If a situation of force majeure and/or hardship lasts longer than 2 months, the parties have the right to terminate the agreement.

Relationship: Peepel will be and act as an independent contractor.

Notices: Any material notice must be in writing by registered letter.

Feedback and Metadata: Peepel may develop, modify, and improve the Services based on Customer's feedback and metadata.

Beta Services: Beta Services are provided "as is" without any express or implied warranty.

Waiver, Modification: No failure or delay by either Party in exercising any right will constitute a waiver.

Severability: If any provision is found invalid, it will be interpreted in a way that keeps it valid.

Assignment: Neither Party may assign rights without prior written consent of the other Party.

No Third-Party Beneficiaries: There are no third-party beneficiaries to the Agreement.

Entire Agreement: The Agreement contains the entire understanding of the Parties.

Anti-Corruption and Compliance: Customer acknowledges it has not received any illegal or improper payment in connection with the Agreement.

The Agreement is governed by and construed under the laws of Belgium, excluding the UN Convention on Contracts for the International Sale of Goods.

The Parties irrevocably submit to the exclusive jurisdiction of the courts in Ghent, Belgium.

Parties will first try to settle any dispute amicably in good faith negotiations.

For questions regarding these General Use Terms, contact: