These Terms of Service (the "Terms") form a binding legal contract between you ("you", "Customer", "User") and Peak Bot LLC, a Florida limited liability company ("Peak Bot", "Dropify", "we", "us", "our"). By creating an account, subscribing to a paid plan, installing the iOS app, or otherwise accessing or using the Service (defined below), you (a) agree to be bound by these Terms and our Privacy Policy and Refund Policy, each incorporated by reference; (b) represent that you have authority to enter into these Terms; and (c) represent that you meet the eligibility requirements in Section 3. If you do not agree, do not use the Service.

You must be at least 13 years old (or 16 where required by local law, including the UK and certain EU member states) to use the Service. If you are under the age of majority in your jurisdiction (typically 18), you may use paid features only with the consent and supervision of a parent or legal guardian who is responsible for your account and any charges. You represent that all information you provide is accurate and complete and that you will keep it current.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at experience@peakbot.com of any unauthorized access. One account per person; you may not share, sell, transfer, or assign your account or credentials. We reserve the right to suspend accounts that appear to be shared.

The Service monitors third-party merchandise stores for new product releases, restocks, price changes, and stock-outs, and surfaces those changes via Discord channels, an in-app feed, and (where you enable it) iOS push notifications. The Service is informational only. We do not manufacture, hold inventory of, sell, or warrant any merchandise. Any transaction you initiate on a third-party store is solely between you and that store.

We continuously develop the Service and may add, remove, or modify features at any time. For material, adverse changes to paid features, we will provide at least 14 days' notice by email or in-app banner. We may suspend or discontinue any feature at any time. Beta, preview, or experimental features are provided "as is", may be removed at any time, and are not subject to any service-level expectations.

Payment processor. All subscription billing is processed by our payment processor, Whop, Inc. ("Whop"). You authorize Whop to charge the payment method you provide for the fees set forth in your Order. Whop's terms apply to the payment portion of the transaction.

Plans.

• Monthly — billed every 30 days at the then-current monthly price.
• Yearly — billed every 365 days at the then-current yearly price.
• Lifetime — billed once at the then-current lifetime price; no renewal.
• Free tier — no charge; access to one main US source per artist, with no guarantees of continued availability or feature parity with paid plans.

AUTO-RENEWAL DISCLOSURE. By starting a Monthly or Yearly plan you expressly authorize Whop, on behalf of Peak Bot LLC, to automatically charge your payment method at the start of each subsequent renewal period, at the then-current price, until you cancel. We will send a reminder email before each Yearly renewal as required by applicable law (e.g. California Auto-Renewal Law / FTC Negative Option Rule). You can cancel at any time through your Whop dashboard. Cancellation prevents future renewals but does not terminate the current paid period — you retain access until that period ends.

Price changes. We may change subscription prices. Existing subscribers will be notified by email at least 30 days before any price change takes effect on a renewal, and the new price will not apply to any period for which you have already paid.

Taxes. Prices do not include taxes unless stated. You are responsible for any sales, VAT, GST, or other taxes assessed by your jurisdiction. Where we are required by law to collect tax, it will be added to your charge.

Failed payments. If a renewal payment fails, we may suspend premium access until the payment is resolved, attempt to charge again per Whop's retry schedule, and terminate the subscription if the failure is not cured within 14 days.

We may offer free trials or promotional codes ("DROPIFYTEST" and similar). Unless stated otherwise: (a) trials convert automatically into a paid subscription at the end of the trial period at the then-current price; (b) promotional codes are single-use, non-transferable, have no cash value, and may be revoked for fraud or abuse; (c) one promotional offer per customer; and (d) we reserve the right to cancel any offer at any time.

Refunds, cancellations, and chargebacks are governed by our Refund Policy, which forms part of these Terms.

You agree not to, and not to permit anyone to:

• Scrape, mirror, reverse-engineer, decompile, disassemble, or attempt to derive the source code of any non-open part of the Service.
• Re-sell, resyndicate, sublicense, or otherwise make the Service or our alerts available to any third party, except via channels we expressly authorize.
• Use the Service to violate any law, regulation, or third party's rights, or in any country or jurisdiction subject to U.S. trade sanctions (e.g. as administered by OFAC).
• Circumvent rate limits, authentication, encryption, billing, or any other protective mechanism.
• Conduct denial-of-service attacks, send spam, deliver malware, or otherwise interfere with the Service or other users.
• Impersonate Peak Bot, any artist, any other user, or any other person or entity, or misrepresent your affiliation with anyone.
• Use any automated means (bots, scripts, scrapers) to access the Service except via documented APIs we make available.
• Share, sell, or distribute your account credentials, or use one account for multiple individuals.
• Upload, post, or transmit content that is unlawful, harassing, defamatory, obscene, harmful to minors, infringing, or that violates the privacy of others.
• Use the Service in a manner that could damage, disable, overburden, or impair our infrastructure or that of our subprocessors.

We may investigate violations, remove offending content, and suspend or terminate accounts at our discretion, including without refund where the violation is material.

You retain all ownership rights in Customer Data. You grant Peak Bot a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely to provide and improve the Service, to enforce these Terms, and as otherwise expressly described in this Agreement and our Privacy Policy. You represent and warrant that you have all rights necessary to grant this license and that Customer Data does not violate any third-party rights or applicable law.

The Service, including all underlying software, designs, copy, logos, and trademarks ("Dropify Marks"), is the exclusive property of Peak Bot LLC and its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your personal, non-commercial purposes (or, for enterprise customers, for your internal business purposes as defined in the applicable Order). No other rights are granted by implication, estoppel, or otherwise. All rights not expressly granted are reserved.

Artist names, logos, album art, song titles, and merchandise photographs displayed through the Service belong to their respective owners. We display such material under principles of fair use and nominative product reference and do not claim ownership of it.

Feedback. If you send us feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or compensation to you.

We respect the intellectual property of others. If you believe content displayed through the Service infringes your copyright, send a notice to experience@peakbot.com (subject line "DMCA NOTICE") containing: (1) identification of the copyrighted work claimed to have been infringed; (2) the URL or other location on the Service where the material is found; (3) your contact information; (4) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; (5) a statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner; and (6) your physical or electronic signature. We will respond per the Digital Millennium Copyright Act, 17 U.S.C. § 512. Counter-notifications follow the same procedure.

If we share non-public information with you about our business or technology (including pricing terms in any negotiated enterprise Order, security documentation, or roadmaps), you agree to keep it confidential and use it only to evaluate or use the Service. Information is not "confidential" if it is publicly known through no fault of the receiving party, lawfully received from a third party without confidentiality obligations, independently developed without use of the disclosed information, or required to be disclosed by law (in which case you will provide prompt notice where permissible).

Subject to your written direction otherwise (an email is sufficient), we may identify you as a Dropify customer and use your name, logo, or storefront name on our website, in case studies, in social media, and in pitches to investors. We will use customer marks consistent with reasonable brand guidelines you provide. Either party may revoke publicity rights on written notice.

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the maximum extent permitted by law, Peak Bot and its affiliates, officers, directors, employees, agents, suppliers, and licensors disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, accuracy of data, and non-infringement.

Without limiting the foregoing, we do not warrant that: (a) the Service will meet your requirements; (b) every drop, restock, or price change on a monitored store will be detected or alerted; (c) alerts will be delivered without delay; (d) the Service will be uninterrupted, secure, or error-free; (e) defects will be corrected; or (f) the Service or our servers are free of viruses or other harmful components. You assume the entire risk of using the Service.

Some jurisdictions do not allow exclusion of implied warranties or limitations on statutory consumer rights, so portions of this Section may not apply to you. In those jurisdictions, our warranties are limited to the greatest extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PEAK BOT LLC OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS;
• LOSS OF DATA OR COST OF SUBSTITUTE PROCUREMENT;
• MISSED DROPS, SOLD-OUT ITEMS, OR FAILURE TO COMPLETE A THIRD-PARTY PURCHASE;
• OR ANY DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

OUR AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

These limitations apply even if a limited remedy fails of its essential purpose and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow exclusion or limitation of certain damages, so portions of this Section may not apply to you; in those jurisdictions our liability is limited to the smallest extent permitted by law.

You agree to defend, indemnify, and hold harmless Peak Bot LLC and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms or applicable law; (c) your Customer Data; (d) your violation of any third-party right, including any intellectual property, publicity, or privacy right; or (e) any claim that your use of the Service caused damage to a third party. We will provide reasonable cooperation and may, at our option, assume control of the defense with counsel of our choice.

These Terms remain in effect until terminated.

By you. You may terminate by canceling your subscription through Whop and deleting your account. Termination does not relieve you of obligations to pay outstanding amounts.

By us, for cause. We may suspend or terminate immediately on written notice (including by email) if you (a) materially breach these Terms and fail to cure within 10 days of notice (or immediately for breaches that cannot be cured), (b) become subject to a bankruptcy or insolvency proceeding, (c) use the Service for unlawful activity, (d) initiate a chargeback we consider fraudulent, or (e) where suspension is required by law or by an order of a court or regulator.

By us, for convenience. We may terminate for convenience on 30 days' notice; in that case, we will refund the unused portion of any prepaid Subscription Term.

Effect. On termination, your right to access the Service ends, we will delete your Customer Data per the Privacy Policy retention schedule, and the following Sections survive: 8, 10, 11, 13, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25.

PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS.

Informal resolution first. Before filing any claim, you agree to first try to resolve it informally by emailing experience@peakbot.com with a description of the claim and the relief sought. We will try in good faith to resolve the dispute within 60 days. If we cannot, either party may proceed with formal dispute resolution.

Binding arbitration. Except for (a) claims for injunctive relief to protect intellectual property rights, (b) claims that qualify for small-claims court, and (c) where prohibited by law, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect. Arbitration will take place in Miami-Dade County, Florida, or remotely at the parties' option. The arbitrator's award is final and may be entered as a judgment in any court of competent jurisdiction.

CLASS-ACTION AND JURY WAIVER. YOU AND PEAK BOT EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PROCEED IN A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. Disputes must be brought individually; the arbitrator may not consolidate claims and may not award class-wide relief. If the class-waiver portion of this Section is held unenforceable, the rest of this Section is severable but the parties expressly waive jury trial in any judicial proceeding.

Opt-out. You may opt out of arbitration by emailing experience@peakbot.com (subject "ARBITRATION OPT-OUT") within 30 days of first accepting these Terms.

Governing law. These Terms and any dispute arising hereunder are governed by the laws of the State of Florida, USA, without regard to conflict-of-law principles, and by U.S. federal law where applicable. Subject to the arbitration agreement above, the state and federal courts in Miami-Dade County, Florida have exclusive jurisdiction over any non-arbitrable dispute.

Neither party will be liable for any delay or failure to perform caused by events beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, war, terrorism, civil unrest, government action, internet or telecommunication outages, failure of third-party services (including Whop, Discord, MongoDB Atlas, Heroku, or Apple's Push Notification service), labor disputes, or supply-chain failures. The affected party will use reasonable efforts to mitigate the impact.

You represent and warrant that you (a) are not located in a country subject to U.S. government embargo or designated as a "terrorist-supporting" country, and (b) are not listed on any U.S. government list of prohibited or restricted parties (including OFAC's Specially Designated Nationals list). You agree to comply with all applicable export-control and economic-sanctions laws and not to use the Service to violate them.

Each party will comply with applicable anti-corruption laws, including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act 2010. Neither party will offer, promise, give, accept, or authorize anything of value to obtain or retain any business advantage in connection with this Agreement.

You may not assign or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. We may assign these Terms freely to any affiliate or in connection with a merger, acquisition, financing, or sale of all or substantially all of our assets. Any prohibited assignment is void. These Terms bind and benefit the parties and their respective successors and permitted assigns.

We may send notices to you by email to the address associated with your account, by posting in the Service, or by mail to your last known postal address. Notices to us must be sent by email to experience@peakbot.com with a copy to our registered office. Notices are effective on the next business day after being sent (or three business days after mailing).

Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between the parties. Neither party has authority to bind the other.

No failure or delay by either party in exercising any right under these Terms operates as a waiver of that right. If any provision is held invalid or unenforceable, the remaining provisions remain in full effect, and the invalid provision will be reformed to reflect the parties' original intent to the maximum extent permitted by law.

These Terms, together with our Privacy Policy and Refund Policy and any Order or written agreement between us, constitute the entire agreement between you and Peak Bot regarding the Service and supersede all prior or contemporaneous communications and proposals on the subject.

We may modify these Terms. Material changes will be posted at this URL, the Effective date above will be updated, and we will notify subscribers by email and an in-app banner at least 14 days before the change takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms; if you do not agree, your sole remedy is to stop using the Service and cancel your subscription.

The Service is "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. Any use, modification, reproduction, release, performance, display, or disclosure by the U.S. Government is governed solely by these Terms.

Questions, complaints, or claims regarding the Service: experience@peakbot.com · discord.gg/dropify · Peak Bot LLC, [registered address on file with the Florida Department of State].