Superpeer (“Company,” “our,” “us,” or “we”) provides its services to you through its website, superpeer.com (the “Platform”) and our related services, including our online video meeting tool, products, and content (“Content” and together with the Platform, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms”). By accessing any part of the Services, you are agreeing to the terms and conditions described here, our Privacy Statement, and any other legal notices published by us on the Platform. If you do not agree to these terms, you should not use the Services.
These Terms apply to all users, including both website visitors, users who have registered to view content (“Users”) and content creators (“Hosts,” and together with Users, “Members”).
To use the Services, you will be required to create an account. When you create an account you represent and warrant that you are at least 18 years of age. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and Superpeer reserves the right to verify this at any time. Superpeer will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Your account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of the Service through your personal user account.
We may change, terminate, or restrict access to any aspect of the Service or your account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage.
You are responsible for your use of Superpeer, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you in the Service.
Chat services for Superpeer are provided by Stream.io, Inc. (Stream), and are subject to the Stream’s Terms of Service.
Streaming services for Superpeer are provided by Mux, Inc. (Mux), and are subject to the Mux’ Terms of Service.
By agreeing to these terms and continuing to use Superpeer, you agree to be bound by above mentioned Terms of Services of our service providers Vonage, Stream, Mux, and Sendinblue, as the same may be modified by Vonage, Stream, Mux, and Sendinblue from time to time.
Your use of Superpeer requires that you have hardware, software and an Internet connection fulfilling certain recommended requirements. If the recommended requirements are not met, you may potentially still use the Service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Superpeer.
Superpeer does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Member Content (defined below). Hosts alone are responsible for their content, including listings and services. When Users and Hosts make or accept a booking, they are entering into a contract directly with each other. Superpeer is not and does not become a party to or other participant in any contractual relationship between Users and Hosts. Superpeer is not acting as an agent in any capacity for any User or Host, except for collecting Service fees, as described herein.
Superpeer has no control over and does not guarantee (i) the trust or accuracy of any Host’s listing descriptions, ratings, reviews, or other Member Content, or (ii) the performance or conduct of any Host or User or third party. Superpeer does not endorse any Member, listing, or Member Content. Any references to a Member being “verified” (or similar language that may be used from time to time) only indicate that the Member has completed a relevant verification or identification process. Any such description is not an endorsement, certification, or guarantee by Superpeer about any Member, including of the Member’s identity or background, or whether the Member is trustworthy, safe, or suitable.
Superpeer reserves the right to refuse to provide the Services to any person, including Members, for any reason and/or to discontinue the Services in whole or in part at any time, with or without prior notice.
Intellectual Property Rights
Content, Technology, and Trademarks. You acknowledge and agree that the Services may contain content or features that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Superpeer, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, except that the foregoing does not apply to your own Member Content that you legally create or upload to the Service.
In connection with your use of the Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Superpeer from accessing the Services for any reason, you agree not to implement any measures to circumvent such blocking. Any use of the Services or the Platform other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Superpeer (“Technology”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Technology. Any rights not expressly granted herein are reserved by Superpeer.
The Superpeer name and logos are trademarks and service marks of Superpeer (collectively, the “Superpeer Trademarks”). Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Superpeer Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Superpeer Trademarks will inure to our exclusive benefit.
Third Party Material. Under no circumstances will Superpeer be liable in way for content or materials of third parties (including Users or Hosts), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Superpeer does not pre-screen content, but that Superpeer and its designees will have the right (but not the obligation) in their sole discretion to remove any content that is available via the Services. Without limiting the foregoing, Superpeer and its designees will have the right to remove any content that violates these Terms or is deemed by Superpeer, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Member Content. With respect to the content or other materials you upload to the Services or share with other users or recipients (collectively, “ Member Content”), you represent and warrant that you own all right, title, and interest in and to such Member Content, including, without limitation, all copyrights and rights of publicity contained therein, and you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By generating or uploading any Member Content, you grant to Superpeer a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, and otherwise use your Member Content in any and all media, form, technology, or distribution methods known now or later developed and for any and all purposes.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Superpeer are non-confidential and Superpeer is entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You acknowledge and agree that Superpeer may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws, or government requests; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Superpeer, its Members, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve transmission over various networks and changes to conform to technical requirements of connecting networks or devices.
Health and Medical Disclaimer. Superpeer does not provide medical advice. You acknowledge and agree that the Service is not intended to be, and shall not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Superpeer will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.
Copyright Complaints. Superpeer respected the intellectual property of others. If you believe in good faith that any content on the Services infringe upon your copyrights, please send the following information to Superpeer’s Copyright Designated Agent at firstname.lastname@example.org.
You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:
Copyright Designated Agent
650 Castro St
Mountain View CA 94041
Counter-Notice. If you believe that your Member Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Member Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Superpeer may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Host or User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
When you register an account and/or use the Services, you agree:
Superpeer reserves the right to report illegal activity to applicable local authorities.
When you publish content on the Platform, you:
When you access Member Content, you agree:
Superpeer reserves the right to delete or suspend any account if we determine, in our sole discretion, that a Member has violated any of the obligations described herein.
Superpeer may charge fees to Hosts ("Host Fees") and/or Users ("Users Fees") (collectively, "Service Fees") in consideration for the use of the Services. More information about when Service Fees apply and how they are calculated can be found in our FAQs.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Host prior to creating a paid service, or scheduling a paid event. Superpeer reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any purchases made prior to the effective date of the fee change.
User Payment processing services for Superpeer, including the processing and storing of credit card data, are provided by Stripe Inc. (“Stripe”) and are subject to the Stripe Services Agreement — United States (“Stripe Services Agreement”). By agreeing to these terms and continuing to use Superpeer, Users agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Superpeer enabling payment processing services through Stripe, you agree to provide Superpeer accurate and complete information about you and your business, and you authorize Superpeer to share with Stripe Inc. this information and transaction information related to your use of the payment processing services provided by Stripe.
If you would like to request a refund, you must do so within 24 hours of the call. Please email email@example.com to request a refund. Please explain in sufficient detail why you are requesting a refund.
All payments are nonrefundable and there are no refunds or credits for partially used subscription periods, unless otherwise required by applicable law.
You may cancel your membership in accordance with these Terms at any time for any or no reason. To cancel your membership, please visit the subscription tab within your account profile. If you have canceled your membership, you will lose access to all paid Member Content at the end of your billing period.
You can cancel a paid single stream up to four (4) hours before the scheduled stream time and receive a full refund. Any cancellations within four (4) hours of the scheduled stream time will not be refunded.
Paid Series - Live
You can request a refund of a paid series with all parts live within fourteen (14) days of the start, if less than 25% of the content is consumed. Please email firstname.lastname@example.org to request a refund. Please explain in sufficient detail why you are requesting a refund.
Paid Series - On Demand or Hybrid
You can request a refund of a paid series with all parts live within fourteen (14) days of the purchase, if less than 25% of the content is consumed. Please email email@example.com to request a refund. Please explain in sufficient detail why you are requesting a refund.
If you believe there are special circumstances and would like to request a refund, please email us at firstname.lastname@example.org to ask for an exception. Please explain the special circumstances in sufficient detail.
You may participate in our Referral Program by referring potential Hosts to the Service. Under the Referral Program, you will earn 3% of the referred Host’s revenue for six (6) months following the referred Host’s account creation date (a “Referral Earnout”). In return, the referred Host will receive a $100 credit towards any Service fees.
In order to receive a Referral Earnout, you must do the following: (i) log in to your Superpeer account on the Service and select the “Refer a Member” link; (ii) share the unique referral link provided via social media or via email; and (iii) a referred Host must sign up through your unique referral link, create an account, and successfully pay for a membership. You will receive your Referral Earn when the referred Host begins earning making on the Platform. The referred Host will receive the credit within thirty (30) days of account creation.
We reserve the right to modify or cancel the Referral Program at any time or adjust the Referral Program per Host. We also reserve the right to suspend or block any accounts and withhold Referral Earnouts if we suspect any suspicious activity, such as spamming or other abusive practices.
We offer an Affiliate Program where you can earn 3% from every purchase of the Service or Content of other Hosts (an “Affiliate Payment”). To earn an Affiliate Payment, your affiliate link must be used for the purchase.
We will not make any Affiliate Payments for purchases not made through the affiliate link. Affiliate Payments will be available after we have verified the payment and a grace period of up to thirty (30) days has passed.
We reserve the right to modify or cancel the Affiliate Program at any time. We also reserve the right to suspend or block any accounts and withhold Affiliate Payments if we suspect any suspicious activity, such as spamming or other abusive practices.
Superpeer may need to send you information about the Service, such as important service announcements and administrative messages, by SMS, email or other means of electronic communication, by posting a notice on the Website, or through any other relevant communication channels.
Superpeer may offer to send you promotional information by SMS, email or other means of electronic communication. You may choose to opt out to receiving such communication and can manage your consents in the Notifications tab of your dashboard.
We may make available functionality allowing you to integrate other services (“Integration Service”) into Superpeer. Usage of such services will be governed by the Terms applicable for the Integration Service used.
When using the Services or third-party integrations to the Services, you may be exposed to commercial messages and advertisements. The Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Superpeer of the contents of such third party websites. Superpeer excludes any responsibility for the content of linked third party websites.
You may stop using our Service, by deleting your account in your account settings or by contacting Superpeer at email@example.com, and requesting account deletion. You may terminate your subscription at any time. Superpeer reserves the right to terminate the Services and the agreement with you with immediate effect upon written notice to you.
Disclaimer of Warranties
SUPERPEER PROVIDES THE SERVICES TO YOU "AS IS". YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT ERROR-FREE. YOU USE IT AT YOUR OWN RISK AND DISCRETION. THAT MEANS THE SERVICES DOESN’T COME WITH ANY WARRANTY. NONE EXPRESS, NONE IMPLIED. THE SERVICES WILL BE CONTINUALLY DEVELOPED, AND YOU ACKNOWLEDGE THAT CHANGES TO FUNCTIONALITY AND LAYOUT MAY BE CARRIED OUT WITHOUT ADVANCE NOTICE. SUPERPEER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE AND QUALITY OF THE SERVICES. SUPERPEER WILL FROM TIME TO TIME HAVE TO CARRY OUT UPDATES AND MAINTENANCE OF THE SERVICES, DUE TO TECHNICAL, SECURITY OR OPERATIONAL REASONS, DURING WHICH TIME THE SERVICES MIGHT BE UNAVAILABLE. SUPERPEER WILL MAKE REASONABLE EFFORTS TO ARRANGE UPDATES AND MAINTENANCE OUTSIDE OF PEAK USAGE HOURS.
Limitation of Liability
IN NO EVENT SHALL SUPERPEER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, SUPERPEER SHALL NOT BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICES OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A USER AND A HOST.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold the Superpeer and its partners harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Binding Arbitration; Class Waiver
YOU EXPRESSLY AGREES THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND SUPERPEER OR YOU AND ANY OF THE SUPERPEER PARTNERS ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO SUPERPEER, THE PLATFORM, THE CONTENT OR THE SERVICES, OR ANY OTHER SUPERPEER GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Superpeer will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Superpeer also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in San Francisco County, California except that, in the event San Francisco County, California is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence in Superpeer’s discretion, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Superpeer agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in San Francisco County, California and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THESE TERMS MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in San Francisco County, California subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of these Terms that require the arbitration of Disputes within 30 days of the date that you first agree to any version of these Terms that requires arbitration of disputes with Superpeer. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Superpeer to: 650 Castro St, Ste 120, Unit 91944, Mountain View, CA 94041 USA. Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your Member account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be mailed to650 Castro St, Ste 120, Unit 91944, Mountain View, CA 94041 USA. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in these Terms, if we make any future material modification to any provisions of these Terms that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of these Terms that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at 650 Castro St, Ste 120, Unit 91944, Mountain View, CA 94041 USA ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
You will find answers to the most frequently asked questions about the Services on the Platform. You can also contact our support team at firstname.lastname@example.org. We aim to answer most questions within 24 hours.
Last Updated: Nov 22, 2022.