Terms of Use

1. Overview

This Terms of Use (‘Terms of Use’, ‘TOU’, ‘Agreement’) is a legal Agreement between Netpeak LTD (‘Netpeak Software’, ‘We’, ‘Us’, ‘Our’) and you, as a user of Netpeak Software Products. Terms ‘you’, ‘your’, ‘the User’, and their derivatives in this Agreement shall mean individuals or legal entities, using the Products (except for individuals, who have not reached the age of 18 and who are legally incapacitated).

Netpeak Software offers access to use Netpeak Spider, Netpeak Checker, Netpeak Launcher, and the Website netpeaksoftware.com including all its subdomains. Collectively, we'll refer to these resources as the ‘Products’ in this Agreement. Please read this Agreement carefully since by accepting it and using Netpeak Software Products, you agree to all of these terms and conditions. If you do not accept and comply with these terms, you may not use the Products for any purpose.

2. Description of the Products

Netpeak Spider is a desktop tool that helps to do comprehensive technical SEO audit of the entire website.

Netpeak Checker is a research tool for bulk SEO analysis that helps to audit URLs by a wide range of parameters.

Owlymate is a desktop tool scheduler for SEO checks with email and Telegram notifications and online reporting (estimated release date is September 1, 2021).

Netpeak Launcher is a special desktop software that helps to make the process of handling our tools easier.

The website netpeaksoftware.com gives you an opportunity to create an account, edit personal data, manage your subscriptions and accesses.

3. Changes to the Agreement

Netpeak Software reserves the right unilaterally to change, supplement, or replace some or all conditions of this User Agreement, having come into force from the date of its placement on the Website, including but not limited to, commission fees related to the use of the Products. When making any changes, We shall publish the updated TOU on the Website and notify You via email.

Changes shall have no retroactive effect and come into force no earlier than the fourteenth day after publication.

The conditions of this Agreement shall cover all the further updates and new versions of the Products.

By continuing to use the Products after the changes, you are expressing and acknowledging your acceptance of the changes.

4. Conditions Governing Subscriptions

Registration. As a condition to using the Products, you are required to register with Netpeak Software, specify your first name and last name, and set a password. You shall be responsible for maintaining the confidentiality of your password. You must provide Netpeak Software with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not use an account of another person with the intent to impersonate that person. Netpeak Software reserves the right to refuse registration of or terminate an account in its discretion.

Trial Version. After the registration, you are granted free trial access (for an unlimited period) to Netpeak Software Products to master their functionality. During your free trial, you will be able to use all features in Netpeak Spider and Netpeak Checker, but with a few constraints: only users with paid access can export reports, copy data, and save projects. Using the trial versions of our products after trial period expiration violates our TOU – you must purchase a subscription to continue using Netpeak Software Products.

Payment for Subscription. To have access to the Products after free trial expiration, the User shall pay for the products by means of payment card or applicable payment service (e.g., PayPal). You accept that Netpeak Software can disclose your payment data only to banking establishments or payment services to effect payments.

All transactions are processed via a Secured Socket Layer connection with 256-bit encryption providing you with the highest protection level. You are responsible for ensuring that the payment card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use that payment card.

Netpeak Software reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Products following such notification constitutes your acceptance of any new or increased charges.

Taxes. All taxes are included in the price of the Product.

Recurring Billing. If you effect payment via payment card, your subscription will automatically renew at the end of the subscription period, unless you turn off an auto renewal option through ‘Subscriptions’ section of User Control Panel before the end of the current subscription period. When a renewal payment is processed, we do not provide a refund for any reasons.If your renewal payment fails, you will no longer have any rights to access the Products under this Agreement unless you purchase the subscription.

Termination of Subscriptions. Your subscription can be terminated at any time. To deactivate your account, contact our customer service via email [email protected]. Netpeak Software shall have terminate this TOU in case of violation the conditions of this Agreement by the User without returning money means, available on the customer account and bonus account of the User. If this occurs, you must uninstall all copies of the Products.

Refund. Netpeak Software guarantees a 100% refund for the subscription within 14 days after the initial purchase only in case the User hasn’t made the second purchase yet. We do not make a refund for payments that were effected using funds from affiliate bonus account.

To receive a refund, please contact our customer service for details: [email protected]. The request for the refund will be processed within 7 days from the date of submission. The chargeback will be carried out in the same way as the payment was made.

5. Rights and Responsibilities

This Agreement gives you limited rights to use Netpeak Software Products. We retain all rights, title, and interest in and to the Products and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement are reserved by us. The structure, organization, and code of the Products are valuable trade secrets and confidential information of Netpeak Software.

The rights and responsibilities of Netpeak Software:

  • Netpeak Software shall be obliged to ensure the work of the Products according to this Agreement during 24 (twenty-four) hours a day, 7 (seven) days a week, including weekends and holidays, except for routine maintenance and/or repair operations.
  • Netpeak Software shall have a right to interrupt work of the Products to carry out necessary routine maintenance and/or scheduled repair works as well as unscheduled works in the case of emergency, notifying the User thereof, if it is technically possible, having placed the relevant information on the site.
  • Netpeak Software shall have a right to update the content, functional capabilities and user interface of the Products at any time at its own discretion.
  • Netpeak Software shall have a right unilaterally to change a cost of purchased services.

The rights and responsibilities of the User:

  • The User shall be obliged not to copy or reproduce the Products or any part of the Products other than in accordance with your subscription; alter, modify, create derivative works, adapt, edit or translate the Products or any part of the Products.
  • The User shall be obliged not to decompile, reverse engineer, attempt to crack, disassemble the Products or any part of the Products.
  • The User shall be obliged not to sell, rent, lease, loan, sublicense, transfer, resell for profit or otherwise distribute the Products or any part of the Products.
  • The User shall be obliged not to give to the third parties passwords and logins, used for access to the Products, to ensure confidentiality of their storage. In a case of unauthorized access to personal account of the User, the User shall be obliged immediately to notify Netpeak Software thereof.
  • The User shall be obliged not to use the Products to create a competing product or service, to copy ideas, functions or graphic elements of the Products.
  • The User shall be obliged not trying to receive unauthorized access to the Products.
  • The User shall have a right to use the Products within its functional capabilities and under the conditions contained in the Agreement.

Limitations on use. The accesses are issued per user, each user must have personal Netpeak Software account. You must not share your account credentials with other users. All Netpeak Software users agree to use our products on a one device. If you wish to use the software on multiple devices simultaneously, you need to buy the separate accesses. You can change or adjust the bindings in ‘Device Management’ section in User Control Panel.

You are responsible for all of your activity in connection with the Products. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Products.

Support. Support for Netpeak Software Products is provided during the free trial access and subscription for the purpose of solving issues or question with the Products. We make every effort to resolve issues raised by our users; however, we do not guarantee that such issues will be solved by means of the support services.

6. Procedure for the Settlement of Disputes

For the violation of obligations under the Agreement, the Parties shall bear responsibility under the laws of Cyprus. The responsibility of Netpeak Software before the User in the event of claims for damages shall be limited to the amount of cost of the services purchased by the User.

The Party, which violated the obligations under this Agreement, except for obligations related to the payment for the Products, shall not be held liable for such violation if it proves, that the violation was a result of accident or force-majeure.

Netpeak Software Products shall be provided to the User according to the international principle “as is”, thus, We shall not be responsible for the problems, arising during updates, support, and operation of the Products (including the compatibility issues with other programs, as well as noncompliance of the results of the Products use to the expectations of the User etc.), as well as for the direct and consequential damages of the User, including loss of benefit and possible damage.

Netpeak Software shall have a right unilaterally block or deactivate personal account of the User, without any chargeback for the purchased services in case of violation of the conditions of this Agreement by the User, as well as non-performance of the obligations by the User.

In the case of disputes and conflicts between the Parties, arising out of this Agreement or related to it, the Parties shall take all measures to settle them by means of negotiations.

In case, if the Parties cannot settle the disputes and/or conflicts between them by means of negotiations, such disputes will be settled in the International Commercial Court of Arbitration under the laws of Cyprus.

7. Privacy Policy

For information regarding Netpeak Software’s treatment of personally identifiable information, please review our current Privacy Policy at https://netpeaksoftware.com/privacy-policy, which is hereby incorporated by reference; your acceptance of this TOU constitutes your acceptance and agreement to be bound by Netpeak Software’s Privacy Policy.

8. Affiliate Program

For information regarding Affiliate Program of Netpeak Software, please review our current Affiliate Agreement at https://netpeaksoftware.com/affiliate-agreement, which is hereby incorporated by reference; your acceptance of this TOU constitutes your acceptance and agreement to be bound by Netpeak Software’s Affiliate Agreement.

9. Contact

If you have any questions or comments regarding this Terms of Use, you are welcome to write to us to [email protected].

Last updated: July 9, 2020