These Terms of Service (“Terms”) are an agreement between you and Peko Prospects LLC, a Florida limited liability company (“Peko Prospects,” “we,” “us,” “our”). They govern your use of VANE it: the website at vaneit.com, the app, the embeddable widgets (“vanes”), surveys, and related services (together, the “Service”).
By creating an account, embedding a vane, or otherwise using the Service, you agree to these Terms, our Acceptable Use Policy and, where it applies, our Data Processing Addendum. If you use the Service for a business, you confirm you are authorized to bind that business, and “you” means that business.
1. What the Service is
VANE it lets you create short interactive questions (“vanes”) and multi-question surveys, embed them on websites you control or share them by link, collect answers from the people who respond (“Visitors”), see and export the results, and optionally let Visitors share result images. Crowd results are, by design, shown to Visitors wherever a vane appears. Some formats (for example Fill the Blank and Caption This) show Visitors’ short text answers publicly on an “answer wall.”
2. Accounts
- Accounts use passwordless email sign-in. You are responsible for keeping control of the email address on your account and for all activity under your account. Tell us promptly at contact@vaneit.com if you think someone else has accessed it.
- You must be at least 18, or the age of majority where you live, to create an account.
- Keep your account details accurate. One person may not share a login beyond what your plan allows.
3. Your content and your data
Customer Content is everything you add to the Service: questions, answer options, images, logos and brand settings. Customer Data is the answers, reactions and survey responses collected through your vanes and surveys.
- You own it. You keep all rights in Customer Content and Customer Data.
- Our licence is limited. You give us a worldwide, non-exclusive, royalty-free licence to host, store, process, display and transmit Customer Content and Customer Data only as needed to provide the Service to you, including rendering your vanes, results and share images, and as described in the Data Processing Addendum. We will not use your name, logo or content in our marketing without your permission.
- Aggregated statistics. We may create aggregated, de-identified statistics about how the Service is used (for example, average response rates by format) that do not identify you, your Visitors or your content, and we may publish them.
- Export at any time. You can download all your data from your account (Account → Data & support → Download all my data) or export results as CSV from Reports.
- Recently deleted. When you delete a vane, it and its answers are kept for 30 days under Recently deleted on your dashboard so you can restore it, then removed. Removed data may remain in encrypted backups until those backups expire.
- You confirm you have the rights needed to grant this licence and that your content does not infringe anyone’s rights.
4. Your responsibilities for Visitors
For Customer Data you are the controller (or “business”) under privacy laws, and we process it on your behalf. You agree to:
- tell Visitors about VANE it in your own privacy notice (our cookie and storage page has wording you can use), and have a lawful basis and any consent your jurisdiction requires;
- not embed vanes on sites or pages directed to children under 13 (under 16 in the EU and UK), or where you know Visitors are children;
- not ask Visitors for sensitive information (see the Acceptable Use Policy);
- moderate the answer walls you choose to run and act promptly on reports; and
- pass on to us any request from a Visitor that needs our help, and answer Visitor requests about your vanes yourself (we will assist).
5. Acceptable use and content reports
You must follow the Acceptable Use Policy. We may remove or hide content, disable vanes, or suspend accounts that break it. Anyone can report content or copyright infringement as described in Section 12.
6. Plans, fees and usage
- Plans. Plans and their limits are described on our pricing page. Limits such as new vanes per month are enforced by the Service. Response limits are soft: if you consistently go well past them we will contact you before throttling or suggesting a change of plan, and we will not charge overages without your agreement.
- Early access. During early access, accounts are on a free founder preview. Preview features are provided as they are, may change or end, and are excluded from any service commitment.
- When billing launches (we will tell you before it applies to you): paid plans are billed in advance and renew automatically each month or year until you cancel. You can cancel online in the app at any time, effective at the end of the current billing period. We will tell you about price changes at least 30 days before they apply to you, and remind you before an annual plan renews. Fees are non-refundable except where the law requires otherwise. Prices exclude taxes, which you are responsible for. If a payment fails we may pause paid features after a grace period; your data stays yours and exportable.
- Downgrades. If you move to a plan without a feature (for example paid designs), existing vanes keep working, but you may not be able to add that feature to new or changed vanes.
7. Our intellectual property
The Service, including the VANE it name, the rooster weathervane mark, the vane formats, software and design, belongs to Peko Prospects LLC and its licensors. We give you a limited, non-exclusive, non-transferable licence to use the Service, including the embed code on websites you control, while these Terms are in effect. You may not copy, modify, resell or reverse engineer the Service except as the law allows, or use it to build a competing product.
Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.
8. Third-party services
The Service relies on third parties such as hosting, database and payment providers (listed on our Subprocessors page) and connects to social platforms you choose to share to. Their own terms govern your use of their services.
9. Suspension and termination
- By you. You can stop using the Service at any time and delete your vanes. To close your account, email contact@vaneit.com from the account’s email address.
- By us. We may suspend or terminate your account for a serious or repeated breach of these Terms, non-payment, or legal risk, with notice and a chance to fix the problem where reasonable. We may act immediately, without notice, where there is a security threat, unlawful content, or harm to Visitors.
- After termination your embedded vanes stop working. You have 30 days to export your data, after which we delete it, apart from copies in backups that expire on their normal schedule and records the law requires us to keep.
10. Disclaimers
The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that the Service will be uninterrupted or error-free. Vane results reflect only the people who chose to answer; they are not scientific or statistically representative samples, and you should not present them as such.
11. Limitation of liability
To the fullest extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and (b) our total liability for all claims arising out of or relating to the Service is limited to the greater of one hundred US dollars or the amounts you paid us in the twelve months before the claim arose. These limits do not apply to your payment obligations, your indemnity obligations, or your breach of the Acceptable Use Policy.
12. Reporting content and copyright (DMCA)
To report content shown through a vane (for example a harmful answer on a wall), email contact@vaneit.com with the page address and what is wrong. We may hide the content, tell the customer who runs the vane, or disable the vane.
If you believe content on the Service infringes your copyright, send a notice to our designated agent, by email with the subject “DMCA notice” or by post:
Daniel Perry, Designated Copyright Agent
Peko Prospects LLC
7901 4th St N, Ste 300
St. Petersburg, FL 33702, USA
Phone: (786) 802-2979
Email: contact@vaneit.com
Your notice must include: your physical or electronic signature; identification of the work; identification of the material and where it appears; your contact details; a statement that you have a good-faith belief the use is not authorized; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner. The person who posted the material may send a counter-notice. We terminate the accounts of repeat infringers in appropriate circumstances.
13. Indemnity
You will defend and indemnify Peko Prospects LLC against third-party claims arising from your Customer Content, your websites, the answers you choose to display, your use of the Service in breach of these Terms or the Acceptable Use Policy, or your breach of law, including privacy law, or of anyone’s rights.
14. Confidentiality
Each party will protect the other’s non-public information that it receives through the Service with reasonable care and use it only to perform under these Terms.
15. Export controls and sanctions
You confirm that you are not located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions, and are not on a US government restricted-party list, and that you will not use the Service in breach of US export or sanctions laws.
16. Changes to these Terms
We may update these Terms. For material changes that are not in your favour we will give at least 30 days’ notice by email or in the app before they apply to you. Changes are not retroactive. If you keep using the Service after a change takes effect, the new Terms apply; if you do not agree, you may stop using the Service and export your data.
17. Governing law and disputes
These Terms are governed by the laws of the State of Florida and applicable US federal law, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Florida, and both parties consent to their jurisdiction. Either party may bring an individual claim in small-claims court if it qualifies.
18. General
These Terms, the Acceptable Use Policy, the Data Processing Addendum and any order form are the entire agreement between us about the Service. If a provision is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver. Neither party may assign these Terms without the other’s consent, except to a successor in a merger or sale of substantially all of its business. Neither party is liable for delays caused by events beyond its reasonable control. The parties are independent contractors. You agree to receive communications from us electronically. Sections 3 (aggregated statistics), 7, 10, 11, 12, 13, 14, 17 and 18 survive termination.
19. Contact
Peko Prospects LLC · contact@vaneit.com