Terms of Service

1. Acceptance of Terms

By creating an account, downloading software, accessing documentation, or otherwise using any part of the Services, you represent that you are at least 13 years of age, have read and understood these Terms, and agree to be legally bound by them. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1.1 Geographic scope. The Services are operated from the United States and are directed to users in the United States. We do not target, market, or actively offer the Services to individuals in the European Economic Area, the United Kingdom, or Switzerland. If you choose to access the Services from outside the United States, you do so on your own initiative, you are responsible for compliance with your local laws, and you consent to the transfer, storage, and processing of your information in the United States as described in our Privacy Policy.

2. Description of Services

Peko provides the following Services:

• PekoScript: a statically typed, cross-platform native application programming language
• Peko CLI: a command-line interface for building, packaging, and managing Peko projects
• Peko Packages: a registry for community and official packages at app.pekoui.com/packages
• Peko Docs: official language and framework documentation at app.pekoui.com/docs
• Peko Studio: a desktop IDE for building, signing, and shipping Peko applications
• Peko Hosting: managed hosting for an application's server, billed in server credits
• Peko App Distribution: preparation of app-store releases, including remote builds on managed macOS hardware, automated store screenshots captured on managed devices, and AI-assisted drafting of store listings and legal documents, billed in deploy credits
• Marketing and informational websites: including pekoui.com

The Services are provided "as is" and may be updated, modified, or discontinued at any time.

2.1 AI-generated content. Some Services use AI to draft store listings and legal documents. Any content generated by these features is an automated draft that may be inaccurate, incomplete, or unsuitable for your situation. It is provided for your convenience only, does not constitute legal, professional, or other advice, and creates no attorney-client or advisory relationship. You are solely responsible for reviewing, correcting, and approving all AI-generated content, and for obtaining your own legal or professional advice where appropriate, before relying on it, publishing it, or submitting it to an app store or any other third party.

3. Accounts

3.1 Registration: Some Services require you to create an account. You agree to provide accurate, current, and complete information and to keep your account information updated.

3.2 Security: You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

3.3 Termination: We reserve the right to suspend or terminate your account at any time for violation of these Terms, without notice or liability.

4. Licenses and Intellectual Property

4.1 PekoScript and Associated Tools: PekoScript, the Peko CLI, the Peko compiler, the toolchain, Peko Studio, and the associated libraries are released under the MIT License. You may use, copy, modify, merge, publish, distribute, sublicense, and sell them, for any purpose including commercially, subject only to the notice requirement in that licence. The MIT licence text ships with the software and in each source repository. Nothing in these Terms limits the rights the MIT License grants you in that software.

4.2 The Peko Platform: The hosted platform is proprietary and is not covered by the MIT licence. This includes the services at app.pekoui.com, the build and device-farm infrastructure, the orchestration backend, and the proprietary first-party packages we distribute to entitled accounts. You are granted the right to use those services under these Terms; no other rights in them are granted, and you may not copy, resell, or reimplement them from access we give you.

4.3 Peko Packages Registry: Package authors retain ownership of their own packages. By submitting a package to the Peko Packages registry, you grant Peko a worldwide, royalty-free, non-exclusive license to host, display, distribute, and make available your package through the Services.

4.4 Documentation and Website Content: All documentation, website content, logos, trademarks, and branding associated with Peko are the exclusive property of Peko UI Technologies LLC and may not be reproduced, distributed, or used without prior written permission.

4.5 Feedback: If you provide feedback, suggestions, or ideas about the Services, you grant Peko a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.

5. Packages Registry: User Conduct

By uploading packages to the Peko Packages registry, you agree that your packages:

• Do not infringe any third-party intellectual property rights
• Do not contain malicious code, malware, or harmful content
• Accurately represent their functionality and authorship
• Comply with all applicable laws and regulations

Peko reserves the right to remove any package at any time for any reason, including but not limited to violation of these Terms, without notice or liability. Copyright owners may request removal of infringing material under our Copyright and DMCA Policy.

6. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Attempt to gain unauthorized access to any part of the Services or any other user's account
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any part of the Services except as expressly permitted by applicable law
• Use the Services to transmit spam, malware, or any harmful content
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Scrape, crawl, or systematically extract data from the Services without prior written permission

7. Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

8. Third-Party Services

The Services run on infrastructure operated by third parties, and integrate with third-party services. These currently include Google (Firebase and Google Cloud, for authentication, databases, storage, and compute), Amazon Web Services (application hosting, container builds, and content delivery), Cloudflare (object storage and media delivery), Stripe (payments), SendGrid and Twilio (transactional email), a managed macOS hosting provider (Apple builds and screenshot capture), and Google's Gemini models (AI drafting). A current list with the purpose of each is kept in the Privacy Policy and at pekoui.com/legal/subprocessors.

When you submit an application to an app store, you also deal directly with Apple, Google, or Microsoft under their developer terms. Your use of any third-party service is governed by that party's own terms and privacy policy, and Peko is not responsible for their practices.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. PEKO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEKO, ITS OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF PEKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PEKO'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO PEKO IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In those jurisdictions our liability is limited to the greatest extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Peko and its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

12. Credits, Billing, and Paid Plans

Hosting and app distribution are paid for with two kinds of credit. Server credits fund running your hosted application (its compute runtime and the bandwidth it serves). Deploy credits fund one-time app-distribution work such as remote builds, store-screenshot generation, and AI drafting. We charge credits for work actually performed, measured by us. If an account runs out of server credits, its hosted applications are paused until more are added; if it runs out of deploy credits, distribution steps will not start until the balance is restored.

12.1 How credits are granted. Free accounts receive an allowance of server credits each month and an allowance of deploy credits each year; these free allowances are added to your balance each period and any unused free credits carry forward. A paid subscription grants a monthly amount of server credits and deploy credits that you choose and can change at any time, with a change taking effect on your next billing cycle. Credits granted by a subscription, and any credits you purchase separately, also carry forward and are not lost at the end of a period. Credits have no cash value, cannot be transferred between accounts, and are non-refundable except where required by law. We may change credit pricing or grant amounts on a going-forward basis with notice; such changes are not applied retroactively to credits you have already purchased.

12.2 Automatic renewal and cancellation. A paid subscription is an automatically renewing plan: it renews and bills the monthly amount you selected each month until you cancel, at the price shown when you subscribe. You may change your monthly amounts or cancel at any time from your account, using the same online path you used to subscribe. If you cancel, your subscription stays active through the end of the current paid period, no further charges are made, and credits already granted remain available; it does not renew again. We present the recurring price, billing frequency, and cancellation method to you before you subscribe.

12.3 Payment processing. Payments and subscriptions are processed by Stripe under its own terms. We do not receive or store your full card number.

12.4 No service-level guarantee. Except where a separate written service-level agreement expressly applies to your account, the hosted platform is provided without any uptime, availability, or performance guarantee. We do not provide service credits, refunds, or other remedies for downtime, degraded performance, or data loss, and we may perform maintenance, impose usage limits, or pause or migrate workloads as needed to operate the platform. You are responsible for maintaining your own backups of anything you host.

13. Acceptable Use and Software Licence

Your use of the Services is additionally governed by the Acceptable Use Policy, which sets out what you may build, host, publish, and distribute. Your use of the Peko software installed on your own machine is governed by the End User License Agreement. Both form part of these Terms. Where they and these Terms differ, the stricter rule applies.

You are responsible for the content your application serves to its own users, and for holding the rights to any signing material, store credentials, and source code you supply to the Services.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in San Diego County, California, and you hereby consent to the personal jurisdiction of such courts.

15. Export Compliance and Sanctions

The Services and the software we make available, including proprietary components such as Pekoshots, may be subject to U.S. export-control and sanctions laws, including the Export Administration Regulations and the sanctions programs administered by the U.S. Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, and are not a national of or ordinarily resident in, any country or region subject to comprehensive U.S. sanctions, and that you are not identified on any U.S. government restricted-party or denied-party list. You agree not to access, use, export, or re-export the Services or software in violation of these laws.

16. Copyright and DMCA

Peko responds to notices of alleged copyright infringement relating to material hosted through the Services under the Digital Millennium Copyright Act. Our process for filing a takedown notice or a counter-notice, and the contact details for our designated copyright agent, are set out in the Copyright and DMCA Policy.

17. Changes to These Terms

We reserve the right to modify these Terms. We will post the updated Terms with a new "Last Updated" date, and for material changes we will ask you to accept the updated agreements the next time you sign in. Continuing to use the Services after a change takes effect constitutes your acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

19. Entire Agreement

These Terms, together with the Privacy Policy, the Acceptable Use Policy, the End User License Agreement, and the Copyright and DMCA Policy, constitute the entire agreement between you and Peko regarding the Services and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein. Software released under the MIT License is governed by that licence.

20. Contact

For questions about these Terms, contact us at: