Acceptance of Terms

By accessing or using the Peaklyst platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not use the Service.

Description of Service

Peaklyst is an AI-powered Amazon listing optimization platform provided on a subscription basis. The Service includes AI content generation, keyword research and tracking on the seller's own listings, listing quality scoring, autopilot optimization with write-on-approval, and multi-marketplace localization. The specific features available depend on your subscription plan.

Account Registration

To use the Service, you must create an account with accurate and complete information. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. Each account is for a single individual or organization; account sharing is not permitted. You must notify us immediately of any unauthorized access to your account.

Amazon Account Integration

The Service requires you to authorize access to your Amazon Seller account through the Selling Partner API (SP-API). By connecting your account, you authorize Peaklyst to access your listing attributes, category requirements, and listing performance summaries as necessary to provide the Service. You remain solely responsible for compliance with Amazon's Terms of Service and Selling Policies. Peaklyst is not affiliated with or endorsed by Amazon.

Subscription and Billing

The Service is offered in multiple subscription tiers: Starter, Growth, Professional, and Enterprise. All plans are billed monthly or annually, as selected at the time of purchase. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. For annual subscriptions cancelled before the end of the term, we offer prorated refunds for unused full months remaining. Monthly subscriptions are non-refundable for the current billing period.

AI Credits and Usage

Each subscription plan includes a monthly allocation of AI credits used for content generation, keyword analysis, and optimization actions. Credit allocations reset at the beginning of each billing cycle and do not roll over to subsequent periods. Usage beyond your plan's allocation is not permitted; you may upgrade your plan at any time to increase your credit allocation.

We reserve the right to implement fair use policies to prevent abuse of AI credit allocations. Automated or programmatic consumption of credits beyond normal human-directed usage patterns may be subject to rate limiting or account review.

Intellectual Property

Peaklyst retains all intellectual property rights in the Service, including its software, algorithms, models, documentation, and branding. You retain full ownership of your listing content, product data, and any content you create or upload to the Service.

Content generated by our AI tools on your behalf is assigned to you upon creation. You may use AI-generated content for any lawful purpose related to your Amazon listings. We do not claim ownership over AI-generated content produced for your account.

Acceptable Use

You agree not to: scrape, crawl, or extract data from the Service by automated means; resell, redistribute, or sublicense access to the Service; reverse engineer, decompile, or disassemble any part of the Service; use the Service to generate content that violates Amazon's policies or applicable laws; circumvent usage limits, rate limiting, or access controls; or interfere with the Service's infrastructure or other users' access.

Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your data. By using the Service, you consent to the data practices described in the Privacy Policy.

Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to scheduled maintenance (typically performed during low-usage hours with advance notice), infrastructure updates, or circumstances beyond our control including but not limited to natural disasters, internet outages, or third-party service failures.

Limitation of Liability

To the maximum extent permitted by law, Peaklyst and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising from your use of or inability to use the Service.

Our total aggregate liability for all claims arising from or related to the Service shall not exceed the total fees you paid to us in the twelve (12) months preceding the claim. This limitation applies regardless of the legal theory on which the claim is based.

Indemnification

You agree to indemnify, defend, and hold harmless Peaklyst and its affiliates from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: your use of the Service; your violation of these Terms; your violation of Amazon's Terms of Service or policies; or any third-party claims related to content you create, optimize, or publish using the Service.

Termination

Either party may terminate the subscription at any time. You may cancel from your account settings. We may terminate or suspend your account for violation of these Terms, non-payment, or if required by law. Upon termination, your access to the Service will cease. You may export your data within 30 days of termination; after this period, your data will be deleted in accordance with our Privacy Policy.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to conflict of law principles.

Dispute Resolution

Before initiating any legal proceeding, both parties agree to attempt to resolve disputes through good-faith negotiation for a period of at least 30 days. If negotiation is unsuccessful, disputes shall be submitted to the exclusive jurisdiction of the competent courts of Luxembourg City, Luxembourg.

Changes to Terms

We may modify these Terms from time to time. For material changes, we will provide at least 30 days' notice by email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

Service Provider

Peaklyst is a product of:

tupevo S.àr.l.-S
12, Rue du Château d'Eau
L-3364 Leudelange, Luxembourg
RCS Luxembourg: B306404
VAT: LU37375443

Contact

For questions about these Terms, contact us at:

Email: [email protected]
General inquiries: Contact page