Terms of Use

Welcome to DuoPeak, the website and online service of DuoPeak, Inc. ("DuoPeak", "we" or "us"). This page explains the terms by which you may use our online and/or mobile services, website, games, and software provided on or in connection with the service (collectively the "Service"). By installing, accessing, or using the Service, or by checking a box or clicking a button signifying your assent to these terms, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement ("Agreement") and to the collection and use of your information as set forth in the DuoPeak Privacy Policy https://www.duopeak.com/privacy-policy, whether or not you are a registered user of our Service.

DuoPeak reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service ("Users"). Please read this Agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. APPLIED DEVICE AND APPLICATION TERMS

DuoPeak develops and publishes free-to-play mobile games that are also available to play synchronously cross-platform across the web, iOS and Android platforms.

A. Eligibility

This is a contract between you and DuoPeak. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with DuoPeak, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to this Agreement on your behalf. The Service is not available to any Users previously removed from the Service by DuoPeak.

B. Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. DuoPeak reserves all rights not expressly granted herein in the Service and the DuoPeak Content (as defined below). DuoPeak may terminate this license at any time for any reason or no reason.

C. Accounts on the Service

Your Service account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to the Service with a third-party service, such as Facebook, Amazon, Google+, or any other third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may only use and operate one (1) User account at a time unless you have otherwise been given express prior written permission to do so from DuoPeak. You may never use another User's account without permission. Further, you may not sell, gift, trade, or transfer your User account to any other User for any reason whatsoever.

When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify DuoPeak immediately of any breach of security or unauthorized use of your account. DuoPeak will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings within your settings' menu. By providing DuoPeak your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings' menu. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

D. Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots", "spiders", "offline readers", etc., to access the Service in a manner that sends more request messages to the DuoPeak servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service; (xiii) using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software that modifies or interferes with the Service or any User's game experience; or (xiv) using or operating more than one (1) User account at a time without DuoPeak's prior written consent.

Accessing any audiovisual content that may be available on the Service for any purpose or in any manner other than Streaming is expressly prohibited unless explicitly permitted by the functionality of the Service. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Service to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. DuoPeak shall have no liability for your interactions with other Users, or for any User's action or inaction.

2. USER CONTENT

Some areas of the Service allow Users to post or provide content such as profile information, videos, images, music, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service is referred to as "User Content"). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by providing or sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. DuoPeak has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people, libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal; (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics.

For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

  • You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person's name or likeness in the manner contemplated by the Service and this Agreement.
  • You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
  • Your User Content and DuoPeak's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  • DuoPeak may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

3. USER CONTENT LICENSE GRANT

By posting or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to DuoPeak a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and DuoPeak's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

4. MOBILE SOFTWARE

A. Mobile Software

We may make available software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. DuoPeak does not warrant that the Mobile Software will be compatible with your mobile device. You may use mobile data in connection with the Mobile Software and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

DuoPeak hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one (1) account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software.

B. Mobile Software from Apple App Store

The following applies to any Mobile Software you acquire from the Apple App Store ("Apple-Sourced Software"): You acknowledge and agree that this Agreement is solely between you and DuoPeak, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service.

C. Mobile Software from Google Play Store

The following applies to any Mobile Software you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that the Agreement is between you and DuoPeak only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) DuoPeak, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement.

5. NO TRANSFER OF ACCOUNTS OR IN-SERVICE CONTENT

Your account is for your personal use only. You specifically agree not to:

  • Share your account credentials with anyone else;
  • Sell, offer to sell, rent, lease, trade or otherwise transfer your account;
  • Sell, offer to sell, rent, lease, trade or otherwise transfer any "Gold" or other virtual currencies, game resources, in-game services like "speed-ups," or other in-Service items associated with your account (collectively, "In-Service Content");
  • Buy, offer to buy, accept, access or use any other user's account or In-Service Content;
  • Link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts or In-Service Content;
  • Create or permit to exist an interest or arrangement of any kind, which in substance secures the payment of money or performance of any obligation or gives a creditor priority over unsecured creditors, over any of your rights with respect to DuoPeak Services, your DuoPeak account or In-Service Content.

You acknowledge that any purported transfers of DuoPeak accounts or In-Service Content in violation of this Section, including but not limited to transfers in exchange for money or other compensation, are void and breach these Terms of Use, and that we have no responsibility to assist you in connection with completing any such transaction.

6. CODE OF CONDUCT

You agree to comply with the following requirements (our "Code of Conduct") when you use DuoPeak Services:

  • You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you access DuoPeak Services.
  • You will not attempt to obtain Login Information or access another player's account, collect or harvest personal information from other users.
  • You will not exploit, distribute or publicly inform other users of any DuoPeak Service error, miscue, or bug which provides for an unintended advantage.
  • You will not harass, threaten or bully any other player, nor post or submit any abusive, threatening, obscene, defamatory, offensive, or illegal content.
  • You will not use DuoPeak Services for any unauthorized commercial purpose.
  • You will only use DuoPeak Services on your own behalf.
  • You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software.
  • You will not remove or obscure any proprietary notices within DuoPeak Services.
  • You will not disrupt or attempt to disrupt DuoPeak Services or any other person's use or enjoyment of DuoPeak Services.
  • You will not attempt to gain unauthorized access to DuoPeak Services, to accounts registered to others, or to networks from which portions of DuoPeak Services are provided.

Failure to comply with this Code of Conduct may result in the suspension of your account, or any portion of your account, and/or subject you to any of the penalties identified in Section Termination and Suspension.

7. YOUR INTERACTIONS WITH OTHER USERS

You are solely responsible for your interactions with other players with whom you interact through DuoPeak Services. DuoPeak reserves the right, but has no obligation, to become involved in any way with any disputes concerning DuoPeak Services. You will fully cooperate with us to investigate any suspected unlawful, fraudulent or improper activity, including without limitation granting DuoPeak access to any portion of your account.

If you have a dispute with one or more users, or any other interaction you believe may give rise to any claim, you release DuoPeak (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you live in California, you waive California Civil Code §1542, which says: "A General Release Does Not Extend To Claims Which The Creditor Does Not Know Or Suspect To Exist In His Or Her Favor At The Time Of Executing The Release, Which If Known By Him Or Her Must Have Materially Affected His Settlement With The Debtor."

8. TERMINATION AND SUSPENSION

You may terminate your account at any time, for any reason or no reason, by issuing an in-game message or by sending an email to info@duopeak.com with the subject entitled "Termination." We reserve the right to suspend or discontinue DuoPeak Services or any part of them at any time, including any features, game elements and In-Service Content and revoke any and all licenses provided to you under these Terms of Use.

We may, in our sole discretion, limit, suspend, terminate, modify, or delete accounts or access to DuoPeak services or any portion of it, and prohibit access to DuoPeak Services and the content, services and tools available through DuoPeak Services, or delay or remove user content, and we are under no obligation to compensate you for any losses or results.

9. OUR PROPRIETARY RIGHTS

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, game clients, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a DuoPeak game client, and User Content belonging to other Users (the "DuoPeak Content"), and all Intellectual Property Rights related thereto, are the exclusive property of DuoPeak and its licensors.

Use of the DuoPeak Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place DuoPeak under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you.

10. DUOPEAK PROPERTY

The Service contains data, information, and other content not owned by you, such as reputational or status indicators in-world currency, and/or fictional property representing virtual achievements (for instance, trophies or powers) ("DuoPeak Property"). You understand and agree that regardless of terminology used, DuoPeak Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at DuoPeak's sole discretion. DuoPeak Property is not redeemable for any sum of money or monetary value from DuoPeak or any third party at any time.

11. PAID SERVICES

A. In-Service Purchases

In certain areas of the Service, you may purchase with "real world" currency a limited, personal, non-transferable, non-sublicensable, revocable license to use: (a) "virtual currency" including, but not limited to virtual cash or gems; (b) certain types of DuoPeak Property; and (c) certain other goods or services ("Merchandise"). DuoPeak may manage, regulate, control, modify, or eliminate DuoPeak Property and Merchandise at any time, with or without notice, and shall have no liability to you or any third party if DuoPeak exercises any such rights.

B. No Refunds

You may cancel your DuoPeak account at any time; however, there are no refunds for cancellation. In the event that DuoPeak suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any DuoPeak Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

C. Payment Information; Taxes

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

12. PRIVACY

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

13. SECURITY

DuoPeak cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

14. THIRD-PARTY LINKS AND INFORMATION

The Service may contain links to third-party materials that are not owned or controlled by DuoPeak. DuoPeak does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and DuoPeak's Privacy Policy do not apply to your use of such sites.

15. AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER

This Section (i.e., the "Agreement to Arbitrate") applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section Agreement to Arbitrate notwithstanding Section Applicable Law below, those prohibited provisions will not apply to you.

In the event of any controversy or claim arising out of or relating to these Terms, including any question regarding its existence, validity, termination or breach thereof, or your use of DuoPeak Services or any related services, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. Most user concerns can be resolved by contacting our customer support team at info@duopeak.com.

If we cannot resolve our dispute through customer support, you and we agree to resolve all disputes and claims between us in individual binding arbitration, including claims concerning any aspect of the relationship between us, your decision to download DuoPeak Services, your use of DuoPeak Services, any user content, or your account.

For Non-US Users

In the event of any controversy or claim arising out of or relating to these Terms, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If they do not reach settlement within a period of 60 days, then any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution ("ICDR"). The place of arbitration shall be in London, England.

Class Action Waiver

For disputes arising between DuoPeak and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. Neither you nor we can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action.

16. APPLICABLE LAW

You agree that these Terms of Use shall be deemed to have been made and executed in the State of California, U.S.A. and that any dispute arising under the Terms of Use, as well as any other dispute or claim that may arise between you and us, shall be governed by and resolved in accordance with the laws of the State of California, without regard to conflict of law provisions or principals.

17. INDEMNITY

You agree to defend, indemnify and hold harmless DuoPeak and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account; (vi) your willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.

18. NO WARRANTY

The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Without limiting the foregoing, DuoPeak, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

19. DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE

DuoPeak responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act ("DMCA"). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement.

To Submit a Notice

If you believe that in-Game content infringes on your copyright, you must submit a written notification to DuoPeak either by email or written letter (regular mail or courier). The Notice must include the following:

  1. An identification of the copyright you claim has been infringed;
  2. A description of the nature and exact location of the content you claim infringes your copyright;
  3. Your name, address, telephone number, and email address;
  4. Statements by you that you have a good faith belief that the use of the copyrighted materials is not authorized, and that the information in the notification is accurate;
  5. A physical signature of the copyright owner or a person authorized to act on their behalf.

Send the written Notice to the designated Copyright Agent at DuoPeak by emailing us at info@duopeak.com or by sending the Notice to:

DuoPeak Inc

Attn: Designated Copyright Agent

1111 West El Camino Real #109 – 188

Sunnyvale, CA 94087

To Submit a Counter Notice

Under the DMCA, a Counter Notice is a legal means to state your objection to a DMCA Notice. If you have received a DMCA Notice from DuoPeak, or have been otherwise advised by DuoPeak that your account was the subject of a DMCA Notice, and you dispute that your material is infringing or believe that the material removed or disabled was as a result of a mistake or misidentification of the material to be removed or disabled, you may submit a Counter Notice.

20. ELECTRONIC SIGNATURES

You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement.

21. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. DuoPeak may be contacted in writing at DuoPeak Inc, 1111 West El Camino Real #109 – 188 Sunnyvale, CA 94087.

22. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall DuoPeak, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service.

In no event shall DuoPeak, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to DuoPeak hereunder or $100.00, whichever is greater.

23. GENERAL

If we provide a translated version of these Terms of Use or any other terms or policy incorporated or referenced in these Terms of Use, it is for informational purposes only. If the translated version means something different than the English version, then the English meaning will be the one that applies.

A. Assignment

DuoPeak reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them.

B. Notification Procedures and Changes to the Agreement

DuoPeak may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website. DuoPeak may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically.

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with DuoPeak in connection with the Service, shall constitute the entire agreement between you and DuoPeak concerning the Service.

D. No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and DuoPeak's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E. For Australia and New Zealand Users Only

Upon termination of your account, DuoPeak will take all reasonable steps to destroy or de-identify your personal information. You acknowledge that some information about you may be retained where required by law or for data back-up purposes.

F. For EU Users Only

You agree that these Terms of Use shall be governed by the laws of England, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG). However, where the laws of England provide a lower degree of consumer protection than the laws of your country of residence, the consumer protection laws of your country shall prevail.

G. Contact

Please contact us at info@duopeak.com with any questions regarding this Agreement.

This Agreement was last modified on October 28, 2020.