Terms of Service

Summary​

Peopled is committed to providing you with reliable, secure environment for learning about employee benefits and financial topics, while protecting your rights and privacy. While this is a simplified version of our terms, we encourage you to read the complete Terms of Service for a full understanding of your rights and obligations.

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What We Offer: We provide a platform for learning about employment benefits, including retirement plans, health insurance, and other benefits.

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Key Points About Using Our Service:

• You must be 18 or older to use our services

• You'll need to create an account to use our platform

• You're responsible for keeping your account secure

• We'll communicate with you via email about your account and services

• All pricing is in US dollars, and we may change our prices with 30 days' notice

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Important Things to Know

• The platform and its content belong to us, but you own your data

• We don't handle protected health information (PHI) - please don't share it with us

• We may link to third-party websites, but we're not responsible for their content

• We provide our service "as-is" without warranties

• Any disputes will be resolved through arbitration in Austin, Texas

• You agree to use our service as an individual, not as part of a class action

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Your Responsibilities:

• Provide accurate information

• Keep your account credentials secure

• Use our service legally and appropriately

• Pay for services as agreed

• Report any issues you encounter

 

We can terminate service at any time if these terms are violated. For any questions about these terms, please contact us at trust@peopled.com.

We're here to assist you.

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Introduction

The Peopled website and its associated services and content (collectively “Services”) is owned and operated by Peopled, Inc. (“Peopled”, “our”, “us”, “we”), a Delaware corporation with its principal place of business in 101 Black Wolf Run, Austin, TX, 78738. Peopled has adopted this Terms of Service Agreement (“Terms of Service”) to inform you (“User(s)”) of your rights and duties when using the Services. These Terms of Service are meant to apply to visitors and users of our website and the
Services.

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Please read this agreement carefully before accessing or using the website and associated services. By accessing or using the website and services, you agree to be bound by the terms and conditions of this agreement. These terms contain an arbitration agreement and class action waiver that apply to all claims brought against Peopled in the United States. Please read them carefully.

 

Definitions

As used in this Agreement:

• "Account” means a Registered User’s account with the Services.

• “Registered User(s)” means any user who has an Account with the Services.

• “Subscriber(s)” means any Registered User who pays for a subscription to access services offered with the Services.

• “User(s)” means all individuals that visit and access the Services, including Registered Users.

• “You / Your / You’re” means Users.

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About the Services

Peopled offers a platform that provides a comprehensive vehicle for employee integration around benefits, including retirement, group health plans, other employment benefits, and ancillary insurance (the “Services”).

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Warranties and Representations

You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are an individual that is eighteen (18) years of age or older.

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You warrant and represent that any and all information that you provide to Peopled and the Services is accurate and valid. You agree to comply in good faith with the terms of this Agreement.

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Beta Services

Peopled may, from time to time, offer access to the Services that is classified as a Beta version. Peopled makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version of the Services at any time without notice. Beta versions of the Services are provided as is, and may contain bugs, errors, or other defects. Your use of a Beta version is at your sole risk.

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Ownership of Services and License

You acknowledge and agree that Peopled is the owner of, or has rights in and to, the Services and its associated content, including but not limited to all intellectual property rights inherent therein. The Services is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Services for any purposes not explicitly stated in this Agreement, without the prior written consent of Peopled.

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Peopled hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Services for its customary and intended purposes.

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Absent prior written permission from Peopled, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Services or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Peopled.

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Intellectual Property

All trademarks (common law or registered) and copyrights (common law or registered) displayed on the Services are the property of their respective owners. Specifically, all photographs featured on the Services are copyrighted and owned by Peopled, unless otherwise stated. All Peopled marks are the property of Peopled, Inc., including, but not limited to PEOPLED and all Peopled, Inc. logos. The Services, including its look and feel, color selections, layout, and arrangement, is the trade dress of Peopled. You are prohibited from using Peopled’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Peopled.

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Services Use & Accounts

You are required to create an Account to use the Services. Through your Account, you will be able to view, change, or delete information from your Account, as well as see your records, documents, and control your Account settings.

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When contacting Peopled or creating an Account through the Services, you are agreeing to receive email notifications from Peopled and other third-parties. The marketing email notifications from Peopled contain an unsubscribe feature that allows you to “opt out” from future notifications. Please see the Services’ Privacy Policy, which is incorporated into this Agreement by reference, regarding the collection and use of this and other information about you. User information will be used consistent with the Privacy Policy.

You acknowledge that the information provided through the Services and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update the information provided through the Services if and when that information changes. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Services. Peopled reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify Peopled for any damages that arise out of or in relation to the use of the Services.

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Registered Users agree to keep their Account secure from unauthorized access. Registered Users will login to their Account using an e-mail and Account password. Registered Users should not reveal their passwords to others. Registered Users agree that they alone are responsible for their Account and all associated activities and purchases whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s Account, you agree to contact Peopled immediately. Registered Users agree to hold harmless and indemnify Peopled for any damages that arise out of or in relation to the use of their Account.

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Registered Users may cancel their Account from within your Account settings. If a Registered User cancels their Account, Peopled is under no obligation to preserve your data for any length of time and will not be responsible for any loss of data. Peopled is under no obligation to provide you with the data associated with your Services use and/or Account, except as otherwise provided in the Privacy Policy. Peopled recommends that you maintain your own backup of information submitted to the Services.

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As part of doing business with Peopled, Registered Users agree and consent to receiving unsolicited communications from Peopled, including contact through the Registered Users’ provided email address, for purposes of providing updated and new information on the latest deals, and electronic delivery of all documents, notices, contracts, and agreements arising from or relating to your use of the Services.

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Electronic Communications

Visiting the Website or making any contact to Peopled or through the Website to third parties shall constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing.

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​Pricing and Payment

All prices displayed on the Services are quoted in U.S. Dollars, and are valid and effective only in the United States.

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Peopled reserves the right without prior notice to discontinue or change specifications on products and services offered through the Services without incurring any obligations. Prices of all products and services, including but not limited to monthly subscriptions, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes. Peopled shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

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You understand and agree that Peopled will not be held liable for any User’s failure to complete a transaction entered into through the Website. You represent and warrant that if you are making online payments that:

(a) any credit card debit card or bank account information you supply is true, correct and complete
(b) charges incurred by you will be honored by your credit card company, debit card company or bank
(c) you will pay the charges incurred by you in the amounts posted, including taxes; and

(d) you are the person to whom the credit card, debit card or bank account belongs to.

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User Generated Content

Users may now or in the future be permitted to submit content to the Services, including, but not limited to text, photos, and videos (collectively “User Generated Content”). 

Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Services’ associated services. User Generated Content posted to public areas of the Services, including as comments to posts and reviews, will be publicly visible to all visitors of the Services. You expressly acknowledge, however, that Peopled does not guarantee any confidentiality with respect to any submissions of your User Generated Content.

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By submitting User Generated Content to the Services, you grant Peopled a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Services and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Services or its associated services, improving the Services or its associated services, and archiving or making backups of the Services.

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You warrant that any User Generated Content that you submit to the Services will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

You agree that you are solely responsible for any User Generated Content that you submit to the Services. Peopled acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Peopled does not guarantee the confidentiality of any User Generated Content you share through the Services with any third party.

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Peopled reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines violates the terms of this Agreement. Peopled also reserves the right to terminate a User’s access to the Services for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.

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Prohibited Uses

You expressly agree that you will not use the Services to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Services.

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You acknowledge and agree that our services are not designed for the storage or transmission of protected health information (PHI) as defined under the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, or any other similar laws or regulations protecting sensitive health or medical information. You agree not to upload, submit, or otherwise transmit to us any information that is subject to HIPAA, HITECH, or any similar data protection laws. We disclaim any liability for any such information submitted in violation of this restriction, and any such submissions are made at your own risk. By using our services, you represent and
warrant that you will not use the platform in a manner that violates these restrictions.

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If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Peopled by sending an email to: trust@peopled.com.

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Mobile Devices

The Services is fully accessible via a mobile device. To the extent you access the Services through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. Peopled is not responsible for any fees or errors that occur while accessing the Services via mobile device.

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Section 230 of Communications Decency Act

You acknowledge and agree that Peopled is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Peopled may edit, remove, or control the content displayed through the Services, you agree that Peopled will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Services or otherwise.

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​Third Party & Affiliate Links

You understand that the Services may contain links to third party websites, applications, or services that Peopled does not own or control. You agree that Peopled will not be held responsible or liable for the content of third-party websites, applications, or services and that Peopled’s inclusion of those websites, applications, or services within its Services does not constitute Peopled’ endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

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No Endorsement

From time to time, Peopled will refer to commercial products, investment opportunities,
securities, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. Peopled does not endorse any commercial product, security, investment, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on the Services do not necessarily state or reflect those of Peopled and are not intended to be used for endorsement purposes.​​

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Term and Termination

This Agreement will remain in full force and effect so long as the Services is in operation.
Peopled may terminate this Agreement without liability at any time, without notice, and for any reason, including, but not limited to, for your violation of a term or condition of this Agreement.

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Disclaimer of Warranties

Your use of the services is at your sole risk. You understand that we do not guarantee the accuracy, safety, integrity or quality of the services and you hereby agree that you must evaluate and bear all risks associated with use of the services, including any reliance on the services, and integrity and accuracy of the services.

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Peopled disclaims any responsibility for any harm or liability arising out of or related to your use of the services. Peopled provides the services on an as-is basis and without warranty of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, title, accuracy, completeness, non-infringement, or quality. Some jurisdictions do not allow an exclusion of implied warranties.

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If you are located in such a jurisdiction, this exclusion may not apply.

Peopled will not be held liable or responsible for any content posted on the services, including but not limited to any advice or marketing provided by any third party, any third- party links posted on the services, or any content transmitted through the services. Peopled is a service provider and does not assume responsibility for any error, omission, interruption, deletion, defect, alteration, and/or destruction of identity. Peopled reserves the right to discontinue the services at any time.

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Peopled will not be held liable for network, internet, computer, hardware, or software program malfunctions, failure, delays, or difficulties with the services at any time.

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​Limitation of Liability

Peopled will not be liable to you under any legal theory for any damages, claims, injuries, judgments, costs, or liabilities arising out of or related to your use or misuse of the services or products available thereon, including, but not limited to, loss of business, loss of income, special damages, incidental damages, consequential damages, punitive damages, or exemplary damages. You understand and agree that the maximum amount that Peopled can be held liable to you under any circumstance is the amount that you paid, if any, for products or services through the services, and in no case will that amount exceed $500. If no amount is paid by you to Peopled, you agree that you will be limited to injunctive relief only unless otherwise permitted by law.

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The services may contain technical inaccuracies or typographical errors or omissions. Peopled is not responsible for any such typographical, technical, or pricing errors listed on the services.

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Some jurisdictions do not allow the exclusion or limitation of damages. If your jurisdiction does not allow the exclusion or limitation of damages, you should seek legal counsel to understand your legal rights under the law.

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Indemnification

You agree to hold harmless, indemnify, and defend Peopled, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Services, your use or provision of any services made through the Services, your reliance upon advice provided through the Services, your submission of User Generated Content to the Services, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party. Your obligation to defend Peopled under the terms of this Agreement will not provide you with the right to control Peopled’ defense, and Peopled reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Peopled.

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No Assignment

You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Peopled may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Services.

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Jurisdiction, Governing Law, and Resolution of Disputes

This Agreement will be interpreted, governed, construed, and enforce in accordance with the laws of the United States of American and the State of Texas without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas.

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You and Peopled agree that arbitration will be the exclusive forum and remedy at law for any disputes arising out of or relating to this agreement, your use of the services, or the purchase of products or services from Peopled, including any disputes concerning the validity, interpretation, violation, breach, or termination of this agreement. Arbitration under this agreement will be held in Austin, Texas and in accordance with the most recently effective commercial arbitration rules of the American Arbitration Association. The arbitration proceeding will be decided by a single arbitrator, and the arbitrator will decide the arbitration proceeding by applying the laws and legal principles of the state of Texas and the federal laws of the United States. The losing party will be required to pay the prevailing party’s reasonable attorneys’ fees. You and Peopled agree that the situs of this agreement is in the state of Texas. You and Peopled agree to submit to the exclusive personal jurisdiction of any such arbitrator or arbitration proceeding.

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Severability

​If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.

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Integration

​Peopled hereby incorporates its Privacy Policy into this Agreement. This Agreement and its incorporated Privacy Policy constitutes the entire agreement between the parties with respect to the use of the Services. You acknowledge and agree that any additional provisions that may appear in any communication from you will not bind Peopled.

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No Waiver

You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.

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Child Online Privacy Protection Act

The Services is not directed to persons under the age of eighteen (18) and Peopled will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Peopled inadvertently collects such personally identifiable information, Peopled will delete the personally identifiable information in accordance with its security protocols.

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​Limitation on Actions

Peopled and you both agree that any cause of action arising out of or related to the website or any products or services purchased or acquired through the website must commence within one year after the cause of action accrues. Failure to assert said cause of action within one year will permanently bar any and all relief.

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You will only be permitted to pursue claims against Peopled on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

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​Reservation of Rights

All rights not expressly granted herein are reserved to Peopled.

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Notice

Any notice required by this Agreement must be in writing and must be emailed to:
trust@peopled.com.

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This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.