Terms & Conditions

Updated July 20, 2026 | v2.0

Welcome to Peaches’nCream’s Terms and Conditions of Use (these “Terms”). This is a contract between you and Connect SPP LLC (“Connect SPP”) (as defined further below), and we want you to know your rights and obligations before you use the Peaches’nCream website or application (“Peaches’nCream” or the “App”). Please take a few moments to read these Terms before enjoying the App, because once you access, view, or use the App, you are legally bound by these Terms.

Please also read our Community Guidelines (which form part of these Terms) and our Privacy Policy.

If you subscribe to services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at Peaches’nCream’s then-current fee for such services, unless you cancel your subscription in accordance with Section 8 below.

You should also note that Section 15 of these Terms contains provisions governing how claims that you and Peaches’nCream have against each other are resolved. In particular, it contains an arbitration agreement that will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration. You have a right to opt out of the arbitration agreement pursuant to Section 15 below. If you do not opt out in accordance with Section 15, (1) you will only be permitted to pursue claims and seek relief against us on an individual basis only; and (2) you waive your right to seek relief in a court of law and to have a jury trial on your claims.

1. Peaches’nCream Rules

Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:

  1. be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18; and
  2. be legally permitted to use the App by the laws of your home country.

Please note that all accounts are age-verified when created. We also monitor for underage use and may terminate, suspend or ask you to re-verify your Account if we have reason to believe that you may be underage.

Unfortunately, we cannot allow you to use another person’s Peaches’nCream account or to share your Peaches’nCream account with any other person without permission. You are responsible for ensuring that any use of your account complies with these Terms.

You’ll have great fun on Peaches’nCream, but if you feel the need to leave, you can delete your Account at any time. For details on how to delete your account visit: https://help.peachesncream.app/account/delete-account/

Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you.

We use a combination of automated systems, user reports and a team of moderators to monitor and review accounts and content to identify breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses). For users residing in the European Union (“EU”), we will notify you when we take action against your Account or Your Content (defined below) unless it is not appropriate for us to do so (for example, we are not permitted by law enforcement agencies). For all other users, we may take such action, at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way and unless otherwise prohibited by mandatory laws in the country in which you reside, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for. If you believe that we’ve made a mistake in taking action on your Account or Your Content (defined below), you have the option to appeal our decision within a six-month period. If you wish to appeal a decision, please start by taking a moment to read the relevant section of our Community Guidelines. If you still think there has been a mistake in the action taken on your account or content, the best way to appeal is to fill out the appeals form linked in the notification shown to you within the app at the time. Alternatively, you can contact us (please explain why you are appealing our decision, and give as much detail as you can).

For users residing in the EU, you have additional rights under the Digital Services Act to: (i) access third party out-of-court dispute settlement processes; (ii) seek remedies from the courts in the EU member state in which you live; and (iii) lodge a complaint with your local EU regulatory authority. For users residing in the UK, you have a right under local law to bring a claim for breach of contract if you believe we have breached these Terms by removing, restricting or limiting access to, or distribution of, your Content, or suspending or terminating your account. Users residing in the UK may also click here to find out more about (i) the measures we take to protect individuals from content which may be against our Community Guidelines, these Terms, or otherwise harmful or unlawful (referred to as ‘Violating Content’); (ii) how we act on reports of Violating Content and non-compliance complaints; and (iii) how we use proactive technology to identify and remove Violating content on Peaches’nCream.

You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.

2. Types of Content

There are three types of content that you will be able to access on the App:

  1. content that you upload and provide (“Your Content”);
  2. content that members provide (“Member Content”); and
  3. content that Peaches’nCream provides (including, without limitation, database(s) and/or software) (“Our Content”).

There is certain content we do not allow on Peaches’nCream

Our Community Guidelines form part of these Terms and outline what content and conduct is accepted on and off our App. You agree to comply with our Community Guidelines as may be updated from time to time.

We want our users to be able express themselves as much as possible on Peaches’nCream, but we have to impose restrictions on certain content which:

  • is illegal or encourages, promotes or incites any illegal activity, including but not limited to the facilitation of child exploitation or abuse, or the distribution of Child Sexual Abuse Material (CSAM);
  • is defamatory or libelous;
  • itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  • shows another person which was created or distributed without that person’s consent;
  • contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic, violent or otherwise may offend human dignity;
  • is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of “junk” mail or “spam”;
  • impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);
  • contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Peaches’nCream or otherwise; or
  • in any other way violates our Community Guidelines.

Your Content

You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Sorry that was a bit of a mouthful, but you are what you post!

You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.

As Peaches’nCream is a public community, Your Content will be visible to other users of the App all around the world – so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Peaches’nCream Users). By uploading Your Content on Peaches’nCream, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).

Notwithstanding the perpetual nature of this license, upon your written request to delete personal data under applicable data protection law, we will cease using your personal information as required by that law. This license does not override your rights under our Privacy Policy or applicable data protection regulations.

We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.

We do not have any obligation to store Your Content – if it’s important, you should make a copy.

So that we can prevent the unconsented use of Your Content by other members or third parties outside of Peaches’nCream, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of Peaches’nCream.

If Your Content includes visual depictions of sexually explicit conduct, you represent and warrant that you comply with all requirements of 18 U.S.C. § 2257 and 28 C.F.R. Part 75, including maintaining required age and identity records for all performers depicted in your content.

Member Content

Other members of Peaches’nCream will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.

You do not have any rights in relation to other users’ Member Content, and you may only use other Peaches’nCream users’ personal information to the extent that your use of it matches Peaches’nCream’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.

Our Content

You may be wondering what happens to the rest of the Content on Peaches’nCream. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Peaches’nCream, as well as the Peaches’nCream software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.

We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:

  1. you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
  2. you shall not use our name in metatags, keywords and/or hidden text;
  3. you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and
  4. you shall use Our Content for lawful purposes only.

We reserve all other rights.

No Obligation to Pre-Screen Content.

While we don’t assume any obligation to pre-screen any of Your Content or any Member Content, there may be times where we need to step in to help keep our members safe, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages as set out in these Terms.

Notwithstanding the above, we may employ automated hash-matching technology to proactively detect and prevent the upload of previously reported non-consensual intimate imagery. To report non-consensual intimate imagery, use the in-app report function or contact legal@peachesncream.app. We will action removal requests within 48 hours.

Use of Recommender Systems.

We have developed matching algorithms to predict your compatibility with other users and so we can show you people we think are a good match for you. You can learn more about our use of recommender systems and the main parameters we use in our Privacy Policy.

3. Copyright and DMCA Policy

Peaches’nCream respects the intellectual property rights of others and expects its members to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we will respond expeditiously to claims of copyright infringement committed using the Service that are reported to our Designated Copyright Agent identified below.

Designated Copyright Agent

Notifications of claimed copyright infringement should be sent to our Designated Agent:

Compliance Officer
Connect SPP LLC
4539 N 22nd St, Ste B
Phoenix, AZ 85016
Phone: (480) 269-7490
Email: legal@peachesncream.app

Filing a DMCA Notice

If you believe content on the Service infringes your copyright, provide our Designated Agent a written notice that includes, per 17 U.S.C. § 512(c)(3):

  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material claimed to be infringing, with information reasonably sufficient to let us locate it (e.g., the in-app location or URL);
  4. Your name, address, telephone number, and email address;
  5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
  6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages.

Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may send our Designated Agent a counter-notification that includes, per 17 U.S.C. § 512(g):

  1. Your physical or electronic signature;
  2. Identification of the material removed and the location at which it appeared before removal;
  3. A statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; and
  4. Your name, address, and telephone number, a statement that you consent to the jurisdiction of the federal district court for the district in which your address is located (or, if outside the United States, any judicial district in which we may be found), and that you will accept service of process from the party who filed the original notice or their agent.

Upon receipt of a valid counter-notification, we may restore the removed material within 10-14 business days unless our Designated Agent first receives notice that the complaining party has filed a court action seeking to restrain the allegedly infringing activity.

Repeat Infringer Policy

Peaches’nCream has adopted and reasonably implements a policy of terminating, in appropriate circumstances and at its sole discretion, the accounts of members who are repeat infringers. We may also restrict access to or terminate the account of any user who infringes the intellectual property rights of others.

18 U.S.C. § 2257 Compliance

For information regarding records required under 18 U.S.C. § 2257 and 28 C.F.R. Part 75, please see our § 2257 Compliance Statement.

4. Restrictions on the App

You agree to:

  • comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
  • use your real name and real age in creating your Peaches’nCream account and on your profile; and
  • use the services in a safe, inclusive and respectful manner and adhere to our Community Guidelines at all times.

You agree that you will not:

  • act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;
  • misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
  • disclose information that you do not have the consent to disclose;
  • stalk or harass any other user of the App;
  • use the App in any deceptive, inauthentic or manipulative way, including engaging in conduct or distributing content relating to scams, spam, inauthentic profiles or commercial and promotional activity;
  • use the App to advertise, solicit, arrange, offer, or pay for commercial sexual services, escorting, or prostitution, or to exchange (or offer to exchange) sexual content, contact, or activity for money or any other consideration, or to engage in, promote, or facilitate sex trafficking or any other commercial sexual exploitation;
  • submit appeals, reports, notices or complaints that are manifestly unfounded; or;
  • develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from Peaches’nCream or its services, or otherwise copy profiles and other data from the services.

We don’t like users misbehaving in the Peaches’nCream community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the ‘Report’ link. We reserve the right to investigate any possible violations of these Terms, any Peaches’nCream user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.

We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.

IN CERTAIN CIRCUMSTANCES, SUCH AS IN RESPONSE TO MEMBER-GENERATED OR PRESS REPORTS OF SUSPECTED MISCONDUCT, PEACHES’NCREAM MAY INVESTIGATE WHETHER A MEMBER HAS A CRIMINAL HISTORY, WHICH MAY, DEPENDING ON THE CIRCUMSTANCES, INCLUDE SEARCHING SEX OFFENDER REGISTRIES OR OTHER PUBLIC RECORDS. IF SUCH INVESTIGATIONS IDENTIFY A PERSON WITH A CRIMINAL CONVICTION, PEACHES’NCREAM MAY USE AVAILABLE INFORMATION TO DETERMINE WHETHER THE PERSON IDENTIFIED BY THE INVESTIGATION IS THE SAME PERSON AS THE MEMBER ABOUT WHOM THE INVESTIGATION WAS CONDUCTED. FOLLOWING ANY SUCH INVESTIGATION, WITH RESPECT TO ANY MEMBER THAT PEACHES’NCREAM REASONABLY BELIEVES TO HAVE BEEN CONVICTED OF A SEX OFFENSE (SUCH AS SEXUAL ASSAULT OR SEXUAL HARASSMENT, AND INCLUDING ANY REGISTERED SEX OFFENDERS), OR A CONVICTION FOR HUMAN TRAFFICKING, STALKING, KIDNAPPING, CHILD ABUSE, DOMESTIC ABUSE, MURDER, HATE CRIMES, OR TERRORISM OR VIOLENT EXTREMISM, PEACHES’NCREAM MAY TAKE STEPS TO BLOCK THAT PERSON FROM USING THE SERVICE AND COMMUNICATING WITH OTHER MEMBERS OVER THE PLATFORM. PEACHES’NCREAM RESERVES THE RIGHT TO BLOCK MEMBERS FOR OTHER OFFENSES, OR FOR OTHER VIOLATIONS OF THESE TERMS, OR FOR OTHER REASONS IN THEIR SOLE DISCRETION. CRIMINAL BACKGROUND INVESTIGATIONS, WHEN CONDUCTED, ARE NOT TYPICALLY UPDATED BY PEACHES’NCREAM. ADDITIONALLY, WHILE INVESTIGATIONS FOR CRIMINAL HISTORIES MAY BE CONDUCTED ON SOME MEMBERS, THEY ARE NOT FOOLPROOF AND MOST MEMBERS ARE NOT EXPECTED TO BE SUBJECT TO ANY FORM OF CHECK FOR CRIMINAL HISTORIES. ANY INVESTIGATIONS FOR CRIMINAL HISTORIES MAY GIVE MEMBERS A FALSE SENSE OF SECURITY. THE CHECKS FOR CRIMINAL HISTORIES THAT MAY BE CONDUCTED BY PEACHES’NCREAM ARE NOT A PERFECT SAFETY SOLUTION. CRIMINALS MAY CIRCUMVENT EVEN THE MOST SOPHISTICATED SEARCH TECHNOLOGY. NOT ALL CRIMINAL RECORDS ARE PUBLIC IN ALL STATES AND NOT ALL DATABASES ARE UP TO DATE. ONLY PUBLICLY AVAILABLE CONVICTIONS ARE INCLUDED IN CHECKS, AND CHECKS DO NOT COVER OTHER TYPES OF CONVICTIONS OR ARRESTS OR ANY CONVICTIONS FROM FOREIGN COUNTRIES.

You agree to, and hereby do, release Peaches’nCream and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Peaches’nCream or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces – unless you have been specifically allowed to do so in a separate agreement with us.

5. Child Safety Standards and Reporting Commitment

Peaches’nCream is committed to protecting children and maintains child safety standards that meet or exceed applicable law, including the reporting obligations owed under 18 U.S.C. § 2258A and equivalent obligations in other jurisdictions in which the App is available.

A. Explicit Prohibition: Our Community Guidelines and these Terms explicitly prohibit all content that promotes, facilitates, or depicts the sexual exploitation or abuse of children, including all forms of Child Sexual Abuse Material (CSAM). Violations will result in immediate account termination.

B. Mandatory Reporting: We maintain a rigorous policy to address CSAM. Upon obtaining actual knowledge of CSAM, we will take appropriate action, including immediately removing the content and reporting the content and the user to the National Center for Missing and Exploited Children (NCMEC) or relevant regional law enforcement authorities, as required by applicable law.

C. In-App Reporting: We provide an accessible in-app mechanism for all users to submit reports regarding objectionable or illegal content (including CSAE). All reports are reviewed by our moderation team and appropriate action will be taken in accordance with these Terms and our Community Guidelines.

D. Child Safety Point of Contact: For official communication regarding CSAE content and enforcement procedures, Connect SPP LLC has designated the following point of contact for law enforcement, the National Center for Missing and Exploited Children (NCMEC), and other competent authorities:

Child Safety Point of Contact Email: support@peachesncream.app

6. Colorado Safety Policy

In addition to the above terms, If you are a resident of Colorado the following Safety Policy terms also apply to you:

There is certain content we can’t allow on Peaches’nCream

Community Guidelines form part of these Terms and outline what content and conduct is accepted on and off our App. You agree to comply with our Community Guidelines as may be updated from time to time.

We want our users to be able express themselves as much as possible on Peaches’nCream, but we have to impose restrictions on certain content which:

  • is illegal or encourages, promotes or incites any illegal activity;
  • is harmful to minors including misconduct that threatens public or personal safety, such as a threatened act, or attempted act of homicide, unlawful sexual behavior, assault, kidnapping, stalking, harassment, involuntary intoxication, robbery, theft, or any other conduct that threatens public or another person’s safety.
  • is defamatory or libelous;
  • itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
  • shows another person which was created or distributed without that person’s consent, including intimate or sexual images of a real person posted, shared, or threatened to be shared without their consent, whether real or AI-generated or digitally altered (“non-consensual intimate imagery”);
  • contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is obscene, pornographic, violent or otherwise may offend human dignity;
  • is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
  • relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
  • involves the transmission of “junk” mail or “spam”;
  • impersonates or intends to deceive or manipulate a person (including, without limitation, scams and inauthentic behavior);
  • contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Peaches’nCream or otherwise; or
  • in any other way violates our Community Guidelines

Background Check

In certain circumstances, such as in response to member-generated or press reports of suspected misconduct, Peaches’nCream may investigate whether a member has a criminal history, which may, depending on the circumstances, include searching sex offender registries or other public records. If such investigations identify a person with a criminal conviction, Peaches’nCream may use available information to determine whether the person identified by the investigation is the same person as the member about whom the investigation was conducted. following any such investigation, with respect to any member that Peaches’nCream reasonably believes to have been convicted of a sex offense (such as sexual assault or sexual harassment, and including any registered sex offenders), or a conviction for human trafficking, stalking, kidnapping, child abuse, domestic abuse, murder, hate crimes, or terrorism or violent extremism, Peaches’nCream may take steps to block that person from using the service and communicating with other members over the platform. Peaches’nCream reserves the right to block members for other offenses, or for other violations of these terms, or for other reasons in their sole discretion. Criminal background investigations, when conducted, are not typically updated by Peaches’nCream. Additionally, while investigations for criminal histories may be conducted on some members, they are not foolproof and most members are not expected to be subject to any form of check for criminal histories. Any investigations for criminal histories may give members a false sense of security. The checks for criminal histories that may be conducted by Peaches’nCream are not a perfect safety solution. Criminals may circumvent even the most sophisticated search technology. Not all criminal records are public in all states and not all databases are up to date. Only publicly available convictions are included in checks, and checks do not cover other types of convictions or arrests or any convictions from foreign countries.

Identification Verification

To use our service, you must be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18. All accounts are age-verified when created. We also monitor for underage use and may terminate, suspend or ask you to re-verify your Account if we have reason to believe that you may be underage.

When a member may be suspended or blocked

All members must comply with the platform rules described and referenced in our Community Guidelines. If you behave in a way that goes against Peaches’nCream’s Community Guidelines, values, or otherwise act in any way we believe to be potentially harmful to Peaches’nCream or its members, we may take a range of actions on your Account. When determining the penalty for violating our Community Guidelines, we consider a number of factors.

We may:

  • Remove the content
  • Issue a warning
  • Ban the offending member from some or all Connect SPP LLC apps

When necessary, we also may cooperate with law enforcement to assist in potential criminal investigations related to member conduct.

Your treatment towards others outside of the Peaches’nCream app can also result in action against your account. If we’re made aware of harm between members on dates, meetups with friends, via text message or direct messaging platforms, or relevant alleged criminal or harmful conduct committed in your past or outside of Peaches’nCream, we may take action as if it happened on our platform.

You cannot submit appeals, reports, notices or complaints that are false reports or report Users, posts, comments or other content for malicious, biased, or other illegitimate reasons.

Appeals rights and appeal process

If you believe that we’ve made a mistake in taking action on your Account or your User Content (defined below), you have the option to appeal our decision within a six-month period. If you wish to appeal a decision, please start by taking a moment to read the relevant section of our Community Guidelines. If you still think there has been a mistake in the action taken on your Account or your User Content, the best way to appeal is to contact us and explain why you are appealing our decision giving as much detail as you can.

User Notice

When you submit a Report, a member of the support team will review it and take action based on Peaches’nCream’s Community Guidelines, which can include a warning or banning them from the app. Peaches’nCream will not tell the User you reported that you reported them.

Notice regarding Sexual Conduct

Consent is required at all times. Everyone on Peaches’nCream is expected to discuss and respect boundaries. This includes never making assumptions about what someone is comfortable with. Consent can be withdrawn at any time, and sex is never owed to anyone and sex without consent is against the law and may result in criminal or civil liability in Colorado.

Safety Resources

Bloom powered by Chayn

We partner with Bloom, run by Chayn, to provide complimentary online trauma support to members of our global community who experience sexual assault or relationship abuse. The Bloom program offers self-guided courses co-created by survivors and certified therapists on topics such as Dating, Relationships & Boundaries, Healing from Sexual Trauma and Society, Patriarchy & Sexual Trauma. These tailored courses encourage learning and reflection in order to process and heal. Bloom also includes a 1:1 web chat feature with the Chayn team for additional support while working through the materials.

We partner with Kodex, a secure data-sharing portal, to ensure all law enforcement requests for user data are handled in a trusted and verified environment. Peaches’nCream only discloses user information in accordance with applicable law and requires valid legal process for such disclosures. Law enforcement and government agencies must submit their requests through our Kodex portal to ensure authenticity, privacy, and accountability.

Safety Measures

Safety is a top priority at Peaches’nCream. We use a combination of human moderators and automated systems to monitor and review Peaches’nCream accounts and interactions for content that may be against our Community Guidelines, against our Terms and Conditions, or otherwise harmful.

Our members play a critical role in the safety of Peaches’nCream by reporting content or behavior that may violate our Community Guidelines. If anything happens that makes you feel uncomfortable or unsafe, we highly encourage you to Block or/and Report the User.

7. Privacy

For information about how Peaches’nCream collects, uses, and shares your personal data, please check out our Privacy Policy. By using Peaches’nCream, you acknowledge that we may use such data in accordance with our Privacy Policy.

8. Payment Terms

Generally.

Peaches’nCream may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.

You may make an In-App Purchase by paying with your credit card, debit card, or PayPal account, which will be processed by a third-party payment processor (a “Payment Method”). Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.

Subscriptions and Auto-Renewal: Peaches’nCream may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT PEACHES’NCREAM’S THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Peaches’nCream changes these prices and you do not cancel your subscription, you agree that you will be charged at Peaches’nCream’s then-current pricing for subscription.

Canceling Subscriptions. You may cancel your subscription or change your Payment Method via the payment settings option under your profile. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection entitled “Refunds” below) be eligible for a prorated refund; (ii) your subscription will not be renewed when that period expires; and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.

Because our Services may be utilized without a subscription, canceling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in Section 16.

Peaches’nCream operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates – which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options. Peaches’nCream reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offering; to impose conditions on the honoring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offering or to honor any offer.

Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have previously signed up for a free trial on Peaches’nCream, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.

However:

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:

YOU, THE BUYER, MAY CANCEL YOUR SUBSCRIPTION, WITHOUT PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY FOLLOWING THE DATE YOU SUBSCRIBED (EXCLUDING SUNDAYS AND HOLIDAYS). IN THE EVENT THAT YOU DIE BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOUR ESTATE SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DEATH. IN THE EVENT THAT YOU BECOME DISABLED (SUCH THAT YOU ARE UNABLE TO USE PEACHES’NCREAM) BEFORE THE END OF YOUR SUBSCRIPTION PERIOD, YOU SHALL BE ENTITLED TO A REFUND OF THAT PORTION OF ANY PAYMENT YOU HAD MADE FOR YOUR SUBSCRIPTION WHICH IS ALLOCABLE TO THE PERIOD AFTER YOUR DISABILITY BY PROVIDING THE COMPANY NOTICE IN THE SAME MANNER AS YOU REQUEST A REFUND AS DESCRIBED BELOW.

For subscribers residing anywhere outside the US:

Subscribers who purchase weekly subscriptions are entitled to a refund of the price of the subscription (minus the value of any portion of the subscription used at the date the refund is requested) if requested within the first 6 days after the subscription starts.

Subscribers who purchase monthly or longer subscriptions are entitled to a refund of the price of the subscription (minus the value of any portion of the subscription used at the date the refund is requested) if requested within the first 14 days after the subscription starts.

There are no refunds for subscription renewals. Banned members are not entitled to refunds.

To request a refund: In addition to cancelling, eligible subscribers must request a refund to receive one.

All purchases are made directly from Peaches’nCream, and all refund requests are handled by Peaches’nCream. To request a refund, please contact customer support with your order number (you can find the order number in the order confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to:

Connect SPP LLC, Attn.: Cancellations 4539 N 22nd St, Ste B Phoenix, AZ, 85016 United States

Taxes.

The payments required under this Section 8 do not include any Sales Tax that may be due in connection with the Premium Services provided under these Terms. If Peaches’nCream determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, Peaches’nCream will collect such Sales Tax in addition to the payments required under this Section 8. If any Premium Services, or payments for any Premium Services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Peaches’nCream, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

9. Virtual Items

At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features from Peaches’nCream, referred to here as “Virtual Items.” You can only purchase Virtual Items through Peaches’nCream or Peaches’nCream’s partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the earlier of Peaches’nCream ceasing provision of services or your Account closing or terminating. Peaches’nCream may also at times provide Virtual Items as bonuses to, or parts of, paid subscriptions for its services. Your ability to use Virtual Items you have access to in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to Virtual Items gained through subscriptions may also end if you cancel your subscription.

Peaches’nCream, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Peaches’nCream may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and Peaches’nCream shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT PEACHES’NCREAM IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

If you reside in the European Union, you may have statutory withdrawal rights. For EU residents, where applicable law provides a right of withdrawal, those statutory rights are not affected by these Terms.

10. Push Notifications and Location-Based Features

The App may send push notifications, SMS, or emails regarding promotions, account updates, and matches. Users can opt out via device settings. Location-based features may require GPS permissions.

We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or Peaches’nCream services, such as enhancements, offers, products, events, and other promotions. When you first use the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings in the App, or in your browser or device settings. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at support@peachesncream.app.

The App may allow access to or make available opportunities for you to view certain content and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorize the App to access your location data, you will not be able to access such location-specific content, products, services and materials.

11. Disclaimer

THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.

SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. PEACHES’NCREAM IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. PEACHES’NCREAM DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.

12. Limitation of Liability

NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

13. Indemnity

All the actions you make and information you post on Peaches’nCream remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:

  1. any negligent acts, omissions or willful misconduct by you;
  2. your access to and use of the App;
  3. the uploading or submission of Content to the App by you;
  4. any breach of these Terms by you; and/or
  5. your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.

The foregoing provision does not require you to indemnify Peaches’nCream for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.

14. Third-Party Integrations

The App relies on third-party providers to deliver certain functionality, including:

  1. payment processing;
  2. age and identity verification;
  3. content moderation;
  4. push notification delivery through your browser or device operating system; and
  5. hosting and content delivery.

These providers process information on our behalf as described in our Privacy Policy. Peaches’nCream remains solely responsible for the App and its content, including any product warranties not effectively disclaimed and any claims relating to your use of the App.

We are not responsible and have no liability whatsoever for third-party goods or services you obtain from providers with whom you contract directly, or for goods or services obtained through your mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any such third party.

15. Dispute Resolution and Arbitration

Please read the following arbitration agreement in this Section 15 (“Arbitration Agreement”) carefully. Unless you opt out in the manner described in Section 15(10) below, this Arbitration Agreement requires you and Connect SPP to resolve disputes by binding arbitration instead of in court, and limits the manner in which we may seek relief from each other.

Notwithstanding the foregoing, if you reside in the European Union or United Kingdom, this Arbitration Agreement does not prevent you from exercising your statutory rights under applicable EU or UK consumer protection law, including the right to bring claims before competent national courts.

  1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any disputes or claims of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, or any other legal or equitable theory) between you and Connect SPP arising out of or relating to these Terms, prior versions of these Terms, your use of our App, or any other aspect of your relationship with Connect SPP, including claims or disputes arising (but not actually filed in arbitration) before the effective date of these Terms. It requires that, and by entering into these Terms you and Connect SPP agree, that such disputes or claims will be resolved by binding arbitration, rather than in court, except (i) that you or Connect SPP may assert individual claims in small claims court if your claims qualify; (ii) that you or Connect SPP may seek equitable relief in court for infringement or misuse of intellectual property rights; and (iii) to the extent the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act precludes arbitration of the disputes or claims.
  2. Notice of Dispute and Informal Resolution. Before beginning the arbitration process, you and Connect SPP agree to first notify one another of the dispute in writing at least 60 days in advance of initiating an arbitration. Notice to Connect SPP must be sent by letter to our registered agent: Arizona Statutory Agents located at 4539 N 22nd St, Ste B, Phoenix, AZ, 85016, and must provide your name, current email address, mailing address, and telephone number, as well as the name, email address, and telephone number associated with your Connect SPP account (if different from your current information); and describe the nature of the claim and the specific relief being sought.

You and Connect SPP agree to meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim or dispute covered by this Arbitration Agreement. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference. During this process, you may be provided with an offer of judgment. A party defending against a claim may serve on an opposing party an offer to allow judgment on specified terms, with the costs then accrued. If the judgment that the offeree finally obtains is not more favorable than the unaccepted offer, the offeree must pay the costs incurred after the offer was made.

All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.

The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the claimant may commence an arbitration in accordance with this Agreement. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of this Agreement, and no demand for arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.

Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.

  1. How Do You Start The Arbitration Process? If you and Connect SPP are unable to resolve the dispute within 60 days, either party may proceed to file a claim for arbitration. To begin the arbitration process, you or Connect SPP must submit notice by certified mail of the claim with an individualized arbitration demand. To be valid, the demand must contain the name of the claiming party (you or Connect SPP), your or Connect SPP’s mailing address, the email address or phone number associated with your Connect SPP account (if applicable), and a detailed description of the dispute and the relief sought. Notice to Connect SPP must be submitted to our registered agent: Arizona Statutory Agents located at 4539 N 22nd St, Ste B, Phoenix, AZ, 85016, US.

What Are The Rules Of Arbitration? The Federal Arbitration Act (“FAA”) governs this Arbitration Agreement and applies to the interpretation and enforcement of this Arbitration Agreement. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, that issue shall be determined by Arizona law, notwithstanding choice-of-law principles, pursuant to Section 15 of the Terms. The applicable arbitration provider depends on where you live. If you live in California, the arbitration will be administered by ADR Services, Inc. under its most current arbitration rules and procedures, available at https://www.adrservices.com/services-2/arbitration-rules/. If you live outside of California, the arbitration will be administered by National Arbitration and Mediation under its most current Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms, or under its most current Supplemental Rules for Mass Arbitrations, as applicable, available at https://www.namadr.com/content/uploads/2021/12/SupplementalRules12.22.21.pdf. If the applicable arbitration provider is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement, the parties will select an alternative arbitral forum. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Arbitration Agreement. This Arbitration Agreement will govern to the extent it conflicts with the arbitration provider’s rules.

The initiating party must pay all filing fees for the arbitration. Your and Connect SPP’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the respondent for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim.

You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, Arizona state court, or the courts of your state of residence, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, P Connect SPP will pay the filing fees for you.

  1. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to resolve any and all threshold arbitrability issues, including whether this Arbitration Agreement is applicable, enforceable, or unconscionable. Courts, however, shall have the exclusive authority to determine (i) whether any provision of this Arbitration Agreement should be severed and the consequences of said severance, (ii) enforceability of any or all of the mass arbitration procedures, and (iii) whether an arbitration provider is available to hear the arbitration(s). The arbitrator will have the authority to grant motions dispositive of all or part of any claim, award monetary damages, and grant any non-monetary remedy or relief available under applicable law and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions. The award of the arbitrator is final and binding upon you and us.\\
  2. No Jury Trials. By agreeing to arbitration, YOU AND CONNECT SPP ARE EACH AGREEING TO WAIVE THEIR RIGHTS TO A JURY TRIAL. Instead, you and Connect SPP are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 15(1) above. An arbitrator can award the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  3. One at a Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU AND CONNECT SPP GIVE UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. HOWEVER, THIS SHALL NOT PRECLUDE THE USE OF BELLWETHER ARBITRATIONS, GLOBAL MEDIATION, OR BATCH ARBITRATIONS AS DESCRIBED IN SECTION 15(8) BELOW, NOR PRECLUDE THE APPLICATION OF THE ARBITRATION PROVIDER’S FEE SCHEDULES FOR MASS ARBITRATIONS, AS APPLICABLE. ONLY RELIEF THAT WOULD BE PERMITTED IN AN INDIVIDUAL LAWSUIT IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER, EXCEPT AS PROVIDED IN SECTION 15(8) BELOW, NOR SHALL THIS PRECLUDE APPLICATION OF THE ARBITRATION PROVIDER’S FEE SCHEDULES FOR MASS ARBITRATIONS, AS APPLICABLE. THE ARBITRATION PROCEEDING WILL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES , except as provided in Section 15(8) below, nor shall this preclude application of the arbitration provider’s fee schedules for mass arbitrations, as applicable.

For mass arbitrations before ADR Services, Inc., you and Connect SPP agree that its mass arbitration fee schedule shall apply, available at https://www.adrservices.com/wp-content/uploads/2022/10/ADR-Mass-Consumer-Non-Employment-Fee-Schedule-Eff-11-5-21.pdf. For mass arbitrations before National Arbitration and Mediation, you and Connect SPP agree that its mass arbitration fee schedule shall apply, available at https://www.namadr.com/content/uploads/2023/07/Consumer-Fees-as-of-7.1.2023-updated-as-of-7.1.2023.pdf. For mass arbitrations before any other arbitration provider, you agree that its mass arbitration fee schedule shall apply. If the arbitrator does not have a fee schedule for mass filings, then the claims must proceed in court.

If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Maricopa County, Arizona. All other claims shall be arbitrated. This subsection does not prevent you or Connect SPP from participating in a class-wide settlement of claims

  1. Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
  2. One At A Time. All claims must be arbitrated on an individual basis and not on a class or collective basis.
  3. Opt-Out. You may opt out of this Arbitration Agreement within 31 days by providing written notice to Registered agent: Arizona Statutory Agents located at 4539 N 22nd St, Ste B, Phoenix, AZ, 85016, US.

Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with Connect SPP has ended.

16. Termination

These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.

You can delete your Account at any time. For details on how to delete your account visit: https://help.peachesncream.app/account/delete-account/

Please note that if you delete your Account, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 8.

In the event that Peaches’nCream determines, in its sole discretion, that you have breached any portion of these Terms, have misused the App, or have otherwise demonstrated conduct that Peaches’nCream regards as inappropriate or unlawful (whether on or off the App), Peaches’nCream reserves the right to: (a) warn you via email (to any email addresses you have provided to Peaches’nCream) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue any other action which Peaches’nCream deems appropriate. You agree that all terminations for cause shall be made in Peaches’nCream’s sole discretion and that Peaches’nCream shall not be liable to you or any third party for any termination of your Account.

Termination of these Terms or your Account includes the removal of access to your Account and all related information and content associated with or inside your Account.

If your account is terminated by you or by Peaches’nCream for any reason, all provisions of these Terms that by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers, and limitation of liability. Your information will be maintained and deleted in accordance with our Privacy Policy.

17. Miscellaneous

These Terms constitute the entire agreement between you and Peaches’nCream. If any part is found invalid, the rest remain enforceable. There are a few more things we need to mention before you can use Peaches’nCream.

These Terms, which we may amend from time to time, constitute the entire agreement between you and Peaches’nCream. The Terms supersede all previous agreements, representations, and arrangements between us (written or oral), excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.

Peaches’nCream has taken reasonable steps to ensure the accuracy, availability, and completeness of the information contained on the App and provides that information on an “as is,” “as available” basis. Peaches’nCream does not make any warranty or representation of any kind about the information contained on the App, whether express or implied. Use of Peaches’nCream and its available materials is at your sole risk. Peaches’nCream is not responsible for any loss arising from the transmission, use of data, or inaccuracies in Member Content.

You are responsible for taking all necessary precautions to ensure that any material you obtain from Peaches’nCream is free of viruses or other harmful components. You acknowledge that Peaches’nCream may not always be provided uninterrupted or error-free and that defects may not be corrected. Peaches’nCream is not responsible for any damage to your computer hardware, software, or other technology, including but not limited to, security breaches, viruses, bugs, tampering, fraud, errors, interruptions, defects, delays in operation or transmission, network failures, or any other technical malfunction.

Communications between you and Peaches’nCream may take place via electronic means, whether you use the App or send emails to Peaches’nCream, or whether Peaches’nCream posts notices within the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Peaches’nCream in electronic form; and (b) agree that all terms, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing. This does not affect your statutory rights, including but not limited to, the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. Sec. 7001 et. seq.

We may modify these Terms from time to time

As Peaches’nCream evolves, we may need to modify these Terms, and we reserve the right to do so at any time (a “Change”). If we do this, the Changes will be posted on this page, and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain cases, we may send an email notifying you of a Change. You should regularly check this page for updates, as your continued use of Peaches’nCream following any Change constitutes your acceptance of the updated Terms. If you do not accept any Changes, you should stop using Peaches’nCream immediately.

Additional Provisions

If any provision of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, then to the extent that provision is illegal, invalid, or unenforceable, it shall be severed from the Terms, and the remainder of the Terms shall continue to be fully valid and enforceable.

No failure or delay in exercising any right, power, or privilege under the Terms shall operate as a waiver of such right, nor shall any single or partial exercise of any right preclude any further exercise of that right or any other right.

You represent and warrant that:

  • You are not located in a country subject to a U.S. Government embargo or designated as a “terrorist-supporting” country.
  • You are not listed on any U.S. Government list of prohibited or restricted parties.

By using the App, you acknowledge that Peaches’nCream is a platform operating through servers located in various locations throughout the world, including the United States . If you live in a country with data protection laws, the storage of your personal data may not provide the same level of protection as in your country of residence. By submitting your personal information, upgrading your services, or using the App, you consent to the transfer, storage, and processing of your data in such locations.

The App may contain links to third-party websites or resources. You acknowledge and agree that Peaches’nCream is not responsible or liable for:

  • The availability or accuracy of such websites or resources; or
  • The content, products, or services available from such websites or resources.

Links to such websites or resources do not imply any endorsement by Peaches’nCream. You assume all risks arising from your use of any third-party websites or resources. Framing, in-line linking, or other association with the App is expressly prohibited without our prior written approval.

These Terms, and any rights and licenses granted under them, may not be transferred or assigned by you, but may be assigned by Peaches’nCream without restriction.

In the event of a discrepancy between this English-language version and any translated versions of the Terms, the English version shall prevail.

If you have any questions, complaints, or claims regarding the App, please contact us at support@peachesncream.app.

18. GOVERNING LAW AND FORUM

Connect SPP LLC is headquartered in Phoenix, Arizona. Subject to Section 15(3) and any mandatory laws that may apply in the state in which you reside, your access to the App, Our Content, and any Member Content, as well as any claims arising from or related to your relationship with Peaches’nCream, and these Terms, shall be governed and interpreted by the laws of the State of Arizona. All claims arising out of or relating to these Terms and/or your relationship with Peaches’nCream that are not submitted to arbitration, as well as any claims or cases challenging the enforceability or applicability of the arbitration provisions herein, shall be litigated exclusively in the federal or state courts of Maricopa County, Arizona. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You further agree that you will not file or participate in a class action against us. Nothing in this section affects any mandatory rights you may have under the laws of the country in which you reside, including any mandatory consumer protection rights that cannot be excluded by contract.

19. Personal Safety

Your safety matters to us. Peaches’nCream does not conduct criminal background checks on its members, and because anyone who is able to commit identity theft can also falsify a profile, we encourage you to use good judgment when communicating with or meeting other members. The following tips can help you stay safe:

  • Protect your personal information. Do not include your last name, home or email address, phone number, place of work, financial or banking information, or other identifying details in your profile or in early messages.
  • Be alert to scams. Stop communicating with anyone who pressures you for personal or financial information, asks you for money or gifts, or tries to move your conversation off the platform too quickly. Never send money or financial information to someone you have not met in person.
  • Watch for warning signs. Be cautious of anyone who refuses to video chat or meet in person, gives inconsistent or evasive details, or expresses strong feelings unusually quickly.
  • Meeting in person. Always meet for the first time in a public, populated place. Tell a friend or family member where you are going and when you expect to return, arrange your own transportation, and do not arrange to be picked up at or dropped off at your home. Stay sober, keep your personal belongings with you, and trust your instincts — leave if you feel uncomfortable.
  • Report and block. If anyone makes you feel unsafe or behaves in a way that violates our Community Guidelines, report and block them within the App. If you believe you are in immediate danger, contact your local emergency services or law enforcement.

These tips are not a substitute for your own judgment, and Peaches’nCream cannot guarantee the conduct of any member or the accuracy of any profile.

20. Contact Us

For questions regarding these Terms, contact us at support@peachesncream.app or by visiting our contact us page.

By using Peaches’nCream, you acknowledge that you have read, understood, and agreed to these Terms and our Privacy Policy.