Terms of Service
Version 5:
1. Introduction and purpose
1.1. The Peaky General Terms and Conditions ("Terms and Conditions") shall apply to Peaky's delivery of services for employee engagement and leadership ("Service"). The Service shall be delivered to business customers only.
1.2. By ordering the Service, the customer ("Licensee") accepts the Terms and Conditions, which will apply to the use of the Service for the full length of the subscription ("Duration of Service"). The Terms and Conditions apply in full, unless otherwise stated in the Peaky Licensing Agreement ("Licensing Agreement") or addendums to the Licensing Agreement.
1.3. Peaky delivers a web-based Service that helps the Licensee support, develop and lead its employees through regular wellbeing and engagement signals and insights for managers. The Service is delivered as described on the peaky.io website, with the modifications described in the Peaky Licensing Agreement.
1.4. The Service is owned by Peaky ApS (hereinafter referred to as "Peaky" or the "Licensor"), a Danish company with registered address at Kastanievej 21, 4690 Haslev, Denmark, registered in the Danish Trade Register with CVR 46550307, email address: michael@peaky.io.
2. License terms
2.1. Peaky hereby grants Licensee a non-transferable and non-exclusive license to use the Service, according to the conditions set out in this agreement.
2.2. This license covers the latest developed and released version of the Service to date, as well as future updates of the Service with the functionality released on the platform to general implementation for licensees in general.
2.3. New releases of general improvements will continuously be rolled out to the platform automatically, with no additional cost to the Licensee.
2.4. The Licensee's Users (Admins and editors) may freely use the Service as long as they use it in compliance with these Terms and Conditions. It is the responsibility of the Licensee that Users comply with the Terms and Conditions.
2.5. The Service may be used for the purposes defined in the Peaky Licensing Agreement.
2.6. The duration of the right to use the Service is defined in the Peaky Licensing Agreement.
3. Intellectual property rights
3.1. Licensee has full and complete ownership, copyright, and intellectual property rights to all content created with and uploaded to the Service by the Licensee.
3.2. Licensor has complete ownership, copyright, and any other intellectual property rights to the Service and all pre-uploaded content, including templates, standard content, graphic design, ideas, and code of the software platform. These rights are protected by the Copyright Act and by international conventions on intellectual property rights, and may not be copied, reproduced, modified, decompiled, or distributed except for the uses authorised by Peaky.
3.3. The Licensee agrees to Peaky's use of the Licensee's name and logo for marketing purposes, including but not limited to Peaky's website and social media activities, unless otherwise agreed in writing.
4. Data handling
4.1. The Licensee is the data controller of all content in the Licensee's (User) account(s) on the Service. Peaky is the service provider and acts as data processor in respect of the Licensee's data in the Service. As data processor, Peaky shall treat and protect data according to the rules set out in this document and the Data Processing Agreement, and shall comply with the general rules and legislation for data handling for the markets where Peaky provides the Service to the Licensee.
4.2. The Peaky Data Processing Agreement (DPA), available at peaky.io, is an integral part of these Terms and Conditions.
4.3. In the context of provisioning and operating the Service, Peaky processes data about users, for example names, work email addresses, role and team within the organisation, IP addresses, wellbeing and engagement responses, free-text reflections, and usage statistics about interactions with the Service.
4.4. Peaky shall not use the information obtained from the Licensee and its Users for any purpose other than providing the Service to the Licensee and its Users.
4.5. Peaky is allowed to use aggregated and anonymised statistics and usage data for platform optimisation, general analytics, and benchmarking purposes, provided such data is genuinely anonymised and cannot be used to identify any individual.
4.6. Upon termination of the Licensing Agreement, Peaky shall return or destroy all personal data that is unique to the Licensee's accounts, and certify deletion, but may retain genuinely anonymised aggregated data for optimisation, analytics, and benchmarking purposes.
4.7. Peaky shall ensure that any sub-processor takes appropriate technical and organisational security measures to protect data processed under this Agreement against accidental or unlawful destruction, loss, or alteration, and against unauthorised access or other unlawful processing.
4.8. If Peaky finds or suspects that there has been a personal data breach, Peaky shall notify the affected Licensee's master users without undue delay. Master users will be contacted via the email address registered for their Peaky account.
4.9. It is each User's responsibility to protect the security of their login information and ensure the diligent custody and use of the same; the User is responsible for all activities carried out or content created using their login data.
4.10. The User must notify Peaky immediately of any unauthorised use of their password or account, or any other breach of security of which they become aware.
4.11. The Licensee has the right to audit Peaky in accordance with the Data Processing Agreement to ensure that Peaky complies with correct data handling under this agreement and applicable data protection legislation.
5. Erasure and deletion of data
5.1. Personal data is deleted when a user is removed by an administrator or by Peaky, or following a valid erasure request from the Licensee or from a data subject via the Licensee. Upon deletion, the user's personal data is removed from the active production systems, and any residual copies held in encrypted backups are removed in the ordinary backup rotation cycle. Peaky does not retain personal data longer than necessary for the purposes for which it was collected.
6. Content and usage restrictions
6.1. Peaky does not accept any responsibility for improper use of content in the Service by Users; such use is the sole responsibility of the Licensee and its Users.
6.2. It is strictly prohibited to:
Use the Service for any illegal or unauthorised purpose
Collect, upload, publish, send or transmit any information, material or content that is illegal, threatening, or libellous
Collect, upload, publish, send or transmit pornographic material
Collect, upload, publish, send or transmit any information, material or content that violates the rights of third parties, including intellectual property rights
Collect, upload, publish, send or transmit any material that contains viruses or any other kind of malicious code
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
7. Artificial Intelligence features
7.1 Description of AI functionality
The Service incorporates artificial intelligence (AI) features powered by OpenAI's models. These features analyse employee engagement data and generate insights and recommendations for managers and administrators ("AI Output"). Specifically, the AI functionality:
Analyses patterns in employee responses, engagement data, and behavioural signals within the Service
Generates written summaries, recommendations, and alerts for managers regarding employee wellbeing and engagement
Identifies trends and areas of attention at team or organisational level
The AI does not compare individual employees against each other. All AI-generated insights are produced at an aggregate level, or at an individual level within the context of the employee's own data only.
7.2 AI Output is advisory only
AI Output generated by the Service is intended solely as decision-support and does not constitute binding decisions, assessments, or evaluations of individual employees. The Licensee and its authorised managers are solely responsible for any decisions made on the basis of AI Output. Peaky expressly excludes liability for any employment-related, legal, or organisational decisions taken in reliance on AI Output.
The Licensee must ensure that all AI Output is reviewed by a qualified human before being acted upon. No automated decision-making that produces legal or similarly significant effects on individual employees shall occur solely on the basis of AI Output from the Service.
7.3 EU AI Act
Peaky is assessing and implementing its obligations in relation to the AI features of the Service under Regulation (EU) 2024/1689 (the "EU AI Act"), as amended, and is monitoring the applicable compliance timelines as they are finalised at EU level. As part of this work, Peaky is establishing appropriate governance for the AI features, including risk management, data governance, technical documentation, transparency measures, human oversight, and measures for accuracy and security.
The AI features are designed so that AI Output is advisory only and subject to human review, with no decision producing legal or similarly significant effects taken solely on the basis of automated processing. Peaky will make relevant documentation available to Licensees and competent supervisory authorities upon request to the extent required by applicable law.
7.4 Licensee obligations regarding AI use
As a deployer of the AI features within the Service, the Licensee is responsible for:
Ensuring that employees whose data is processed by the AI features are informed that AI is used to analyse their engagement data and produce recommendations for their managers. This information must be provided prior to or at the time of deployment of the Service
Ensuring that any person using AI Output to make or inform decisions about employees has the appropriate competence and training to do so
Monitoring the use of the AI features and ensuring that AI Output is used within the intended purpose and scope described in these Terms
Not using AI Output as the sole basis for decisions that have a significant impact on an individual employee's employment situation, including but not limited to performance assessment, disciplinary action, or termination
Maintaining logs or records of significant decisions that were informed by AI Output, to the extent required by applicable law
7.5 Third-party AI provider
The AI features are powered by OpenAI, L.L.C. ("OpenAI"). Peaky has entered into the necessary agreements with OpenAI to ensure that personal data processed through the AI features is handled in accordance with applicable data protection law, including the GDPR. OpenAI processes data as a sub-processor of Peaky and is listed as such in the Data Processing Agreement. Data submitted to the AI features is not used by OpenAI to train its models.
Peaky cannot guarantee the accuracy, completeness, or fitness for purpose of AI Output generated by OpenAI's models. AI Output may contain errors, omissions, or reflect inherent limitations of large language models. The Licensee is responsible for independently verifying any AI Output before acting upon it.
7.6 Transparency and employee rights
Where AI features are active within the Service, employees interacting with the Service will be informed that AI is used in the analysis of their responses. The Licensee shall ensure that its employees are made aware of:
The nature and purpose of the AI analysis
Their right to request human review of any significant decision informed by AI Output
How to exercise their data subject rights in relation to personal data processed by the AI system, as further described in the Privacy Policy
8. Warranty
8.1. If the Licensee, after having accepted these license conditions, demonstrates that the Service is essentially not functioning in accordance with the agreement, or that there are significant errors in the Service (that is, errors characterised by one or more of the Licensee's core business functions not being able to be performed due to the errors in the Service), Licensor may, at its sole assessment, either:
Free of charge, correct the errors within a reasonable time
Refund the license fee actually paid by the Licensee for the Service for the period after the claim has been received by Licensor, with a deduction for the utility of the Service the Licensee has had in the period
Terminate the License Agreement and refund the license fee for the period after the claim
8.2. Peaky guarantees that, if Peaky ceases to exist and is no longer able to deliver the Service included in the License Agreement to the Licensee in any form, Peaky will supply the Licensee with a restricted version of the source code of the Peaky solution, to be used only by the Licensee for continuation of the use case in the License Agreement. The installation may not be distributed to any third party nor sublicensed.
9. Liability
9.1. Licensor is responsible for product liability according to current and mandatory legislation.
9.2. Neither party shall under any circumstances be responsible for loss of expected profit, loss of data, damage to records or data, or any other form of indirect, consequential, or accidental loss in connection with the other party's use of the Service. Licensor accepts no liability with respect to AI Output.
9.3. In all cases, Licensor's entire liability for any loss or damage arising in connection with these license terms or the use of the Service is limited to the license fee actually paid by the Licensee for the Service in the 12 months before a possibly justified complaint is sent.
9.4. Notwithstanding the foregoing, Licensor's liability in connection with the AI features described in section 7 is limited to the same extent. Peaky does not accept liability for decisions made by the Licensee or its employees on the basis of AI Output.
10. Force majeure
10.1. Licensor is not liable to the Licensee where the cause of the failure and the consequent loss is due to circumstances beyond Licensor's control which Licensor could not reasonably have foreseen, avoided, or overcome.
10.2. Unforeseeable failure, delay, or non-delivery, strikes, lockouts, lack of telecommunications access, restrictions imposed by public authorities, and similar events therefore exempt both parties from liability.
11. Breach
11.1. Licensor is entitled to terminate these Licensing Terms with immediate effect if the Licensee is in material breach of them.
11.2. Licensee is entitled to terminate the license agreement immediately if the Licensor is in material breach of its obligations under this License Agreement.
12. Applicable law and jurisdiction
12.1. Danish law shall govern any dispute arising from the use of the Service, and the Danish district court shall have exclusive jurisdiction.