Terms of Service

1. Acceptance of Terms

By accessing or using our Website or Apps, by clicking “I agree” or any similar button, or by installing or using any of our Apps, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated into these Terms by reference.

If you do not agree with any part of these Terms, you must not access or use our Website or Apps. If you have already installed an App and do not agree to the Terms, you must uninstall the App and cease all use.

2. Definitions

Throughout these Terms:

• “Peakbit Smart Nexus”, “we”, “our”, or “us” refers to Peakbit Smart Nexus, an unincorporated studio headquartered at St John’s Innovation Centre, Cambridge CB4 0FE, United Kingdom.
• “Apps” refers to all mobile applications published by us, including but not limited to Verdant, Odyssey, Marginalia, Cadence, Atelier, and Horizon.
• “Website” refers to peakbitsmartnexus.com and any sub-domains.
• “Service” refers collectively to the Website, the Apps, and any related features, content, or functionality.
• “User” or “you” refers to any individual who uses the Service.
• “User Content” refers to any data, text, images, audio, video, or other material that you upload, create, input, or store through the Service.
• “End User” refers to a User of our Apps who has installed them on their personal device.

3. Eligibility and Age Requirements

You must be at least the age of digital consent in your jurisdiction to use the Service. The age of digital consent varies by country:

• 13 years in most US states under COPPA.
• 16 years in the United Kingdom under the UK GDPR / AADC.
• 16 years in most EU member states under the GDPR, with some member states setting it as low as 13.
• 13 years in Australia under the Privacy Act.
• 14 years in China, Spain, and South Korea.
• 18 years in certain jurisdictions and contexts.

By using the Service, you represent and warrant that you meet the age requirement for your jurisdiction. If you are under the age of digital consent in your jurisdiction, you may only use the Service with the verifiable consent of a parent or legal guardian and in accordance with the additional protections set out in our Privacy Policy.

Our Apps are not directed at children under 13. We do not knowingly collect personal data from children under 13. If you believe a child under 13 has used our Service, please contact us at privacy@peakbitsmartnexus.com so we can take appropriate action.

4. Account Registration

Some of our Apps allow optional account creation to enable cross-device synchronisation or backup features. If you create an account:

• You must provide accurate, current, and complete information.
• You must maintain and promptly update your account information.
• You are responsible for safeguarding your password and for any activity on your account.
• You must notify us immediately upon any unauthorised use of your account.
• We are not liable for any loss or damage arising from your failure to protect your credentials.

Where an account is not required, you may use the local-only features of the App without registration.

5. Licence and Acceptable Use

5.1 Licence Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to:

• Download, install, and use the Apps on devices you own or control, for your personal, non-commercial use (unless explicitly permitted otherwise in a separate written agreement).
• Access and use the Website for your personal, non-commercial use.

5.2 Restrictions

You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Apps, except to the extent expressly permitted by applicable law.
• Modify, adapt, translate, or create derivative works of the Apps.
• Distribute, sublicense, rent, lease, or lend the Apps to any third party.
• Use the Apps to provide services to third parties (including as a service bureau) without our prior written consent.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Apps.
• Use the Apps in any manner that violates applicable law or regulation.
• Use the Apps in any manner that could damage, disable, overburden, or impair our infrastructure.
• Use any robot, spider, scraper, or other automated means to access the Website for any purpose without our prior written consent.
• Interfere with or disrupt the Service or any networks connected to the Service.

6. User Content and Intellectual Property

6.1 Your Content

You retain all rights, title, and interest in and to your User Content. We do not claim ownership of any User Content you create, input, or store through the Service. The Apps are architected as local-first: by default, your User Content never leaves your device unless you explicitly opt in to a sync or backup feature.

6.2 Limited Licence to Us

To the extent necessary to operate the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, limited licence to host, store, transmit, display, and process your User Content. This licence terminates when you delete the relevant User Content or close your account, except where retention is required by law or for legitimate business records.

6.3 Feedback

If you provide us with suggestions, ideas, or feedback regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate such feedback into the Service without restriction or compensation to you.

7. In-App Purchases and Subscriptions

Some of our Apps may offer in-app purchases or auto-renewable subscriptions. These are processed by the platform from which you downloaded the App (Apple App Store, Google Play, etc.), and the platform’s terms apply to the transaction.

7.1 Pricing and Taxes

Prices displayed in the App or on the App Store include any applicable value-added tax (VAT), sales tax, or goods and services tax (GST) as required by your jurisdiction. We may change prices at any time, but changes will not affect existing subscriptions until renewal.

7.2 Auto-Renewal

If you purchase an auto-renewable subscription:

• Your subscription will automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period, at the same price (unless we have notified you of a price change).
• You can manage and cancel your subscription in your Apple ID settings (App Store) or Google Play settings.

7.3 Free Trials

If a free trial is offered, you will not be charged during the trial period. If you do not cancel before the trial ends, you will be charged the subscription fee at the start of the next billing period. Free trials cannot be combined with other offers.

7.4 Refunds

Refunds are governed by the policies of the relevant app store. As a general matter, we do not provide refunds for partially used subscription periods. We may, at our sole discretion, provide refunds in cases of demonstrable technical failure or in compliance with applicable law (including EU consumer rights for digital content).

7.5 Right of Withdrawal (EU / UK Consumers)

If you are an EU or UK consumer, you have the right to withdraw from a digital purchase within 14 days. However, by completing the purchase and starting to use the digital content, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal. This does not affect any statutory warranty rights.

8. Advertising

Free-tier versions of our Apps may display advertising. The advertising is provided by third-party ad networks described in our Privacy Policy, section 5. By using a free-tier App, you acknowledge that advertising may be displayed and that it is governed by the third-party ad network’s own terms and privacy practices.

You may remove advertising by purchasing the ad-removal in-app purchase or the paid version of the App, where available.

9. Third-Party Services and SDKs

Our Apps and Website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We are not responsible for the content, policies, or practices of any third-party services. We do not endorse and are not liable for any harm resulting from your use of any third-party services.

Our Apps integrate third-party SDKs as described in the Privacy Policy. Each SDK is governed by its own terms and privacy policy, which you should review.

10. App Store Specific Terms

Our Apps are distributed through the Apple App Store, Google Play, and other app distribution platforms. The following terms apply.

10.1 Apple App Store

If you downloaded an App from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and us, not with Apple Inc. Apple is not responsible for the App or its content.
• Apple has no obligation to provide maintenance or support for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple will have no other warranty obligation.
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement, or discharge of such claim.
• You represent and warrant that you are not located in a country that is subject to a US Government embargo or that has been designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms when using the App.

10.2 Google Play Store

If you downloaded an App from Google Play, you acknowledge that these Terms are between you and us, not with Google LLC. Google is not responsible for the App or its content. The Google Play Terms of Service additionally govern your use of the Google Play store.

10.3 Other Distribution Platforms

If you downloaded an App from any other platform (Samsung Galaxy Store, Amazon Appstore, Huawei AppGallery, etc.), the platform’s terms additionally apply, and the platform is not responsible for the App or its content.

11. Intellectual Property

All content, features, and functionality of the Service (including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof) are owned by Peakbit Smart Nexus, its licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service except as expressly permitted by these Terms or by applicable law.

12. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand how we collect, use, and protect your personal data.

13. Prohibited Conduct

When using the Service, you agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation.
• Impersonate or attempt to impersonate Peakbit Smart Nexus, a Peakbit Smart Nexus employee, another User, or any other person or entity.
• Engage in any activity that interferes with or disrupts the Service or the servers and networks connected to the Service.
• Use the Service in any way that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose without our prior written consent.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Use the Service to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Use the Service to upload, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or otherwise objectionable.

You further agree not to attempt to circumvent any technological measure implemented by us or any third party to protect the Service.

14. Disclaimers and No Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

WE DO NOT WARRANT THAT:

• THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
• THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
• ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

ANY RELIANCE YOU PLACE ON THE SERVICE IS AT YOUR OWN RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAKBIT SMART NEXUS, ITS FOUNDING PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE.
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE.
• ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE.
• UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF (A) ONE HUNDRED POUNDS STERLING (£100), OR (B) THE TOTAL AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (C) ONE HUNDRED US DOLLARS (US$100), WHICHEVER IS GREATER.

THE LIMITATIONS OF THIS SECTION APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

16. Indemnification

You agree to defend, indemnify, and hold harmless Peakbit Smart Nexus, its founding partners, employees, contractors, agents, licensors, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including but not limited to reasonable legal fees) arising from:

• Your access to or use of the Service.
• Your violation of these Terms.
• Your violation of any third-party right, including any intellectual property, privacy, or proprietary right.
• Any claim that your User Content caused damage to a third party.

17. Termination

17.1 Termination by You

You may terminate these Terms at any time by ceasing all use of the Service and uninstalling the Apps. If you have an account, you may also delete your account through the in-app settings or by contacting us.

17.2 Termination by Us

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice, including (without limitation) if we believe that you have breached these Terms. Upon termination:

• Your right to use the Service ceases immediately.
• We may delete your account and any associated data, subject to our retention obligations under the Privacy Policy.
• Provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, limitations of liability, and dispute resolution.

17.3 Effect on In-App Purchases

Termination does not entitle you to a refund of any in-app purchase or subscription, except as required by applicable law or the platform’s refund policy.

18. Suspension and Bans

In addition to termination, we may, at our sole discretion and without prior notice, suspend or ban Users who violate these Terms or who engage in conduct that we reasonably believe to be harmful to other Users, us, or third parties. The decision to suspend or ban is at our sole discretion, and we are not obligated to provide a refund or compensation in such cases.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Notwithstanding the above, the mandatory consumer protection laws of the country in which you reside shall also apply to you and prevail over English law to the extent of any conflict.

20. Dispute Resolution

20.1 Informal Resolution

Before filing any formal legal action, you agree to first contact us at legal@peakbitsmartnexus.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may pursue formal resolution.

20.2 Jurisdiction

Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of England and Wales, except that we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property or confidential information.

20.3 EU / UK Consumers

If you are an EU or UK consumer, you may also bring proceedings in the courts of your country of residence. The European Commission provides an online platform for the resolution of consumer disputes, available at ec.europa.eu/consumers/odr. We are not obliged and do not commit to use this platform.

20.4 US Class-Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY PROCEEDING TO RESOLVE A DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF A COURT DETERMINES THAT THIS CLASS-ACTION WAIVER IS UNENFORCEABLE, THE DISPUTE WILL PROCEED IN COURT.

This class-action waiver does not apply to California residents, who retain the right to bring a public attorney general action.

21. Changes to these Terms

We may update these Terms from time to time. The “Effective date” at the top of these Terms reflects when the Terms were last revised. Material changes will be announced through:

• A notice on the Website at peakbitsmartnexus.com.
• An in-app notification if you have an active App installed.
• For users in the EU/UK, an email notification (where we have your email address) at least 30 days before the change takes effect.

Your continued use of the Service after the effective date of a change constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and uninstall the Apps.

22. Severability and Assignment

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. We may assign our rights and obligations under these Terms to any third party without notice to you. You may not assign your rights or obligations under these Terms without our prior written consent.

23. Contact

For any questions, comments, or requests relating to these Terms of Service, please contact us:

Peakbit Smart Nexus
St John’s Innovation Centre
Cambridge CB4 0FE
United Kingdom

Email (legal matters): legal@peakbitsmartnexus.com
Email (general): contact@peakbitsmartnexus.com
Email (support): support@peakbitsmartnexus.com

---

End of Terms of Service · Version 3.1 · 30 June 2026