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PEPTALK

Terms of Use

Last updated: Draft in progress

Draft, pending final legal review.

These Terms of Use ("Terms") are a binding agreement between you ("you," "your," "user") and the operator of PepTalk ("PepTalk," "we," "us," "our"), governing your access to and use of the PepTalk website, web application, calculators, dashboards, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service. Please also read our Privacy Policy and Disclaimer, which are incorporated into these Terms by reference.

1. Eligibility (18+)

You must be at least 18 years old, or the age of majority in your jurisdiction if that is higher, to use the Service. By using the Service you represent and warrant that you meet this requirement. The Service is not directed to anyone under 18, and we do not knowingly permit them to use it or collect data from them. If we learn that an account belongs to someone under 18, we may terminate it. You also represent that your use of the Service, and any substance use you choose to track, does not violate any law applicable to you, and that you are not barred from using the Service under the laws of your jurisdiction.

2. What PepTalk is, and is not (no medical advice; no endorsement)

PepTalk is an information and self-tracking tool and an aggregate, self-reported dataset. The Service is provided for general informational and educational purposes only.

The full Disclaimer is part of these Terms.

3. Assumption of risk

You understand and agree that you knowingly and voluntarily assume all risks arising from (a) any decision you make or do not make based on the Service, and (b) any substance use you choose to engage in. Those decisions and their consequences are yours alone. To the maximum extent permitted by law, you agree that PepTalk is not responsible or liable for them. This section works together with Section 11 (Limitation of Liability).

4. Accounts (pseudonymous)

5. Your personal tracking data

Your personal tracking data (your logs, notes, protocols, profile) is encrypted with a key derived from your password before it leaves your device, and we store only ciphertext we cannot read. You retain all rights in your personal data. You may export it at any time, and you may delete it (see Section 8 and the Privacy Policy). You grant us only the limited license necessary to store, sync, and serve back the encrypted blob to you across your devices; we cannot and do not read it.

6. Aggregate contributions and data licensing (optional, permanent, and irrevocable)

This section is important, so read it carefully. Contributing to the aggregate dataset is entirely optional. You can use the Service, including your personal tracking and the free aggregate dashboards, without contributing anything. If you do choose to contribute, you opt in with an explicit consent step at signup.

7. Acceptable use

You agree not to:

We may remove contributions, suspend or terminate accounts, and retroactively purge contributions associated with abuse, at our discretion.

8. Termination and deletion

9. Intellectual property

The Service, including its software, design, catalog and controlled vocabulary, dashboards, and aggregate dataset products (excluding your personal data), is owned by PepTalk and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use under these Terms. You may not copy, modify, distribute, sell, or create derivative works from the Service or our datasets except as expressly allowed.

10. Third-party services and payments

11. Disclaimers of warranty

THE SERVICE AND ALL CONTENT, STATISTICS, AND DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT WARRANT THAT ANY SELF-REPORTED OR AGGREGATE DATA IS ACCURATE, COMPLETE, OR RELIABLE. To the extent a jurisdiction does not allow the exclusion of certain warranties, the above exclusions apply to the maximum extent permitted.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEPTALK AND ITS OPERATOR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR HEALTH HARM, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY SELF-REPORTED OR AGGREGATE DATA, OR ANY DECISION OR SUBSTANCE USE BASED ON THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND THE OPERATOR ACCEPTS NO LIABILITY OF ANY KIND AND WILL NOT PAY ANY DAMAGES, COMPENSATION, SETTLEMENT, OR REFUND OF ANY AMOUNT. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR DISSATISFACTION IS TO STOP USING THE SERVICE. The operator's only commitment is that, on a valid request, it will take down the Service or the affected content. Some jurisdictions do not allow certain limitations; in those, liability is limited to the smallest extent permitted by law, and nothing here excludes liability that cannot lawfully be excluded.

13. Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless PepTalk and its operator from any claim, loss, liability, or expense (including reasonable legal fees) arising from (a) your use of the Service, (b) your breach of these Terms, (c) your violation of any law or third-party right, or (d) any substance use or health decision you make.

14. Changes to the Service and these Terms

We may modify or discontinue the Service, and may update these Terms, at any time. Material changes will be posted with an updated "Last updated" date and, where practical, surfaced in-product. Because we have no email, we cannot notify you individually, so your continued use after changes take effect constitutes acceptance. Review these Terms periodically.

15. Governing law and disputes

Because PepTalk is operated pseudonymously, these Terms do not designate a governing law or a court venue, and the operator does not submit to the jurisdiction of any particular court. Any mandatory consumer-protection rights under the law of your place of residence continue to apply, and you may bring proceedings in your local courts where the law gives you that right.

16. Miscellaneous

If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets (in which case anonymous datasets may transfer, consistent with the licensing grant in Section 6). These Terms, the Privacy Policy, and the Disclaimer are the entire agreement between you and us regarding the Service.

17. Contact

Questions about these Terms: the in-app feedback form (we operate no support email).