Terms of Use

Although all the clauses contained in this agreement are standard clauses about software products, it is advised that you read them entirely.

This End-User License Agreement ("EULA") constitutes an agreement between you and PeakWatch (herein referred to as the "Owner") with regard to the PeakWatch application for Mobile Phones (herein referred to as "Software Product" or "Software"). By installing the Software, you are agreeing to be bound by the terms of this license agreement.

Your use of the Software (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software.

  1. LICENSE. The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

  2. RESTRICTIONS OF USE. Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.

  3. COPYRIGHT. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of PeakWatch, and you will not acquire any rights to the Software. You shall not remove or obscure the Owner's copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.

  4. DISCLAIMER OF WARRANTY. The Software is provided "AS IS", without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.

  5. LIMITATION OF LIABILITY. In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages.

Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner's liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.

  1. PRIVACY AND ADVERTISING. You can find our Privacy Policy on our website or in our application.It is advised that you read them entirely.

  2. INDEMNITY. You agree to indemnify, defend and hold the Owner harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software pursuant to the terms of the EULA; or (ii) your breach of this EULA.

  3. CHANGES. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes we may make to our privacy policy in the future will be posted on this page. You should check this page from time to time and take note of any changes.

  4. MEDICAL DISCLAIMER. The Software is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in this Software. If you think you may have an emergency, call your doctor, go to the emergency department, or call emergency immediately. Reliance on any information provided by PeakWatch or our employees is solely at your own risk.

  5. SUBSCRIPTIONS. PeakWatch is free to download. Should you choose to upgrade to PeakWatch Pro, we offer monthly and annual auto-renewing subscription options.

Payment will be charged to your credit card through your iTunes account at confirmation of purchase. Subscription renews automatically unless canceled at least 24 hours before the end of the subscription period.

Subscriptions can be managed and auto-renewal turned off in Account Settings in iTunes after purchase. Once purchased, refunds will not be provided for any unused portion of the term.

Referral and Rewards Program

PeakWatch may from time to time offer friend-invitation, referral registration, benefit gifting, membership reward, or similar activities (the "Referral and Rewards Program"). By participating in the Referral and Rewards Program, users agree to this supplemental clause and to the specific activity rules published by PeakWatch in the App, on activity pages, or in other reasonable locations.

This supplemental clause is intended to describe the boundaries of user benefits, eligibility determinations, exception handling, and allocation of responsibility under the Referral and Rewards Program. The specific participation methods, entry points, reward content, reward thresholds, validity periods, and redemption methods are subject to the activity rules actually displayed in the PeakWatch App.

Referral Relationship and Eligibility

Users should participate in the Referral and Rewards Program through invitation codes, invitation links, or other methods designated by PeakWatch. A referral will be considered valid only after the system successfully identifies and records the referral relationship, and both the referrer and the invited user satisfy the applicable activity conditions.

PeakWatch has the right to determine whether a referral relationship is established, whether an invited user is eligible, and whether a reward should be issued based on account status, subscription status, device information, registration records, payment or refund records, activity participation records, system logs, regional policies, platform rules, and risk control results.

The same invited user may generally participate in the same type of referral reward activity only once, and may establish a valid referral relationship with only one referrer. If the same user uses multiple invitation codes or invitation links, PeakWatch may determine the valid referral relationship based on system records, binding time, the final invitation code entered, or other reasonable rules.

Reward Issuance and Benefit Limitations

Referral rewards may include free PeakWatch Pro access periods, in-app feature benefits, membership benefits, discounts, points, or other benefits announced by PeakWatch from time to time. The specific rewards are subject to the applicable activity page.

Rewards will be issued after PeakWatch confirms that the referral is valid. Reward delivery may be delayed due to system processing, subscription status synchronization, network conditions, third-party platform services, or risk control review.

Unless expressly stated by PeakWatch, referral rewards have no cash value and may not be exchanged for cash, sold, transferred, rented, pledged, inherited, refunded, or redeemed for cash equivalent value. Rewards may be subject to validity periods, account status, subscription status, regional restrictions, platform policies, or other usage conditions.

Exception Handling

PeakWatch has the right to refuse, suspend, cancel, adjust, or recover rewards in any of the following circumstances:

  1. The referral relationship was not successfully recorded by the system or cannot be verified;
  2. The referrer or invited user does not meet the activity eligibility requirements;
  3. The invited user cancels registration, deletes the account, obtains a refund, revokes the subscription, or engages in abnormal account behavior;
  4. The user violates this Agreement, the activity rules, applicable laws and regulations, or third-party platform rules;
  5. Rewards cannot be issued or continuously provided due to the App Store, payment platforms, third-party services, system errors, network issues, legal or policy restrictions, or force majeure.

If a user has questions about the referral relationship, eligibility determination, or reward issuance result, the user may contact us through the customer support or feedback channels provided by PeakWatch. PeakWatch will review the matter based on system records, activity rules, and relevant evidence, and will handle it within a reasonable scope.

Prohibited Conduct

Users may not participate in or manipulate the Referral and Rewards Program by any improper means, including but not limited to:

  1. Creating fake accounts, duplicate accounts, bulk accounts, or self-referrals;
  2. Using scripts, bots, emulators, automation tools, or other abnormal methods to obtain rewards;
  3. Buying, selling, renting, transferring, or exchanging invitation codes, invitation links, accounts, or reward benefits;
  4. Inviting others through false advertising, misleading promises, impersonation of PeakWatch, or exaggeration of reward content;
  5. Sending spam, harassment, or promotional messages without consent;
  6. Exploiting vulnerabilities, system errors, rule defects, or abnormal processes to obtain improper benefits;
  7. Engaging in any other conduct that harms PeakWatch, other users, third-party platforms, or the public interest.

If PeakWatch determines that a user has engaged in any of the above conduct, PeakWatch may restrict the user's participation in the Referral and Rewards Program, cancel, freeze, or recover related rewards, suspend or terminate account benefits, and reserve the right to pursue legal liability.

Data Use and Privacy

To identify referral relationships, issue rewards, compile activity statistics, provide customer support, and conduct risk control, PeakWatch may process necessary information related to the Referral and Rewards Program, including invitation codes, invitation links, account status, subscription status, device information, activity participation records, and reward issuance records.

PeakWatch will process such information in accordance with the Privacy Policy and will take reasonable measures to protect user data security. Users may not illegally collect, use, disclose, or distribute another person's personal information through the Referral and Rewards Program.

Activity Changes, Suspension, and Termination

PeakWatch has the right to modify, suspend, or terminate the Referral and Rewards Program based on product operations, technical limitations, risk control, platform review requirements, laws and regulations, or business arrangements, and may adjust reward content, eligibility conditions, issuance rules, validity periods, and redemption methods.

Except as otherwise required by applicable law, PeakWatch will not be liable for rewards that are not obtained, not redeemed, or become invalid due to changes, suspension, or termination of the activity. For rewards that have already met the applicable conditions and been issued, PeakWatch will make reasonable efforts to allow users to use them. If rewards can no longer be provided due to laws and regulations, platform policies, system errors, third-party reasons, or force majeure, PeakWatch has the right to provide a reasonable alternative or make corresponding adjustments.