Terms of Service.

1. Introduction

Welcome to Peak, a product of Time Under Tension Pty Ltd ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of the Peak platform and all related features and services (collectively, "Peak" or "Services").

By accessing, using, or signing up for Peak, you ("Customer", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use Peak.

2. Acceptance and Modifications

2.1 These Terms apply from when you sign up for an Account until the date on which your Account is terminated in accordance with these Terms.

2.2 We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the modified Terms on this page and sending you a notification. Your continued use of Peak after such notification indicates your acceptance of the modified Terms.

2.3 If you do not agree with the modified Terms, you may close your Account and cancel your Subscription with effect from the date of the change by providing written notice to us.

2.4 At our discretion, we may offer a one-month free trial of Peak. If you are using a free trial, the applicable provisions of these Terms will govern your use of Peak during the trial period.

3. Access and Account

3.1 To access Peak, you must create an Account. You must be at least 18 years old to create an Account and use our Services.

3.2 You may register for an Account using your email address.

3.3 You are responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account.

3.4 You may invite Authorised Users to access and use Peak under your Account. You are responsible for ensuring that your Authorised Users comply with these Terms.

4. Services

4.1 We provide the following services to you:

• a) Access to the Peak platform;
• b) Access to our customer support.

4.2 Additional services may be provided as outlined in your subscription plan or as agreed upon in a separate contract.

4.3 We do not provide financial, legal, or professional advice. Our Services are for informational and educational purposes only.

4.4 Core features of Peak include creating marketing copy and creating images.

5. Subscription and Fees

5.1 To access Peak, you must choose a Subscription plan. Details of our Subscription plans, including features, limitations, and fees, are available on our website.

5.2 Subscription Fees are billed in advance on a recurring basis according to the billing cycle of your chosen plan.

5.3 You may upgrade or downgrade your Subscription at any time through your Account. Upgrades will take effect immediately, and you will be charged the difference on a prorated basis. Downgrades will take effect at the beginning of the next billing cycle.

5.4 We reserve the right to change our Subscription Fees upon notice to you. If you do not agree with the fee changes, you may cancel your Subscription.

5.5 The default billing cycle for Peak subscriptions is monthly.

6. Payment

6.1 You agree to pay all applicable Subscription Fees for your chosen plan. Fees are quoted in Australian dollars and are exclusive of GST.

6.2 Subscription Fees are billed monthly in advance. Payment is due at the beginning of each billing cycle.

6.3 You must provide us with valid and up-to-date billing information. By providing your payment details, you authorise us to charge all Subscription Fees incurred through your Account to the designated payment method.

6.4 If payment is not received by the due date, we may suspend your access to Peak until payment is made. Continued non-payment may result in termination of your Account.

6.5 You are responsible for all taxes associated with your use of Peak, except for taxes based on our net income.

7. Intellectual Property

7.1 We (and our licensors) own all intellectual property rights in Peak, including but not limited to copyrights, trademarks, trade secrets, and patents. This includes the platform design, functionality, and all content created by us.

7.2 Subject to your compliance with these Terms and payment of applicable Subscription Fees, we grant you a limited, non-exclusive, non-transferable, and revocable licence to use Peak for your internal business purposes.

7.3 You retain all rights to Your Data (as defined in section 8). By using Peak, you grant us a worldwide, royalty-free licence to use, reproduce, and display Your Data solely to provide and improve our Services to you.

7.4 You agree not to:

• a) Copy, modify, or create derivative works of Peak or any related documentation;
• b) Reverse engineer, decompile, or attempt to derive the source code of Peak;
• c) Remove or alter any proprietary notices or labels on Peak;
• d) Use Peak to develop a competing product or service.

8. Your Data and Privacy

8.1 "Your Data" means all information, content, and data you submit to or through Peak, including any personal information.

8.2 You are solely responsible for the accuracy, quality, and legality of Your Data and the means by which you acquired it.

8.3 We will handle Your Data in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

8.4 You represent and warrant that you have all necessary rights and consents to provide Your Data to us and to grant the licence described in section 7.3.

9. Artificial Intelligence and Outputs

9.1 Peak utilises artificial intelligence (AI) to provide certain Services, including creating marketing copy and images ("Outputs").

9.2 You acknowledge that:

• a) AI technologies have limitations and may produce unpredictable or inconsistent results;
• b) Outputs may not be unique and similar Outputs may be generated for other users;
• c) We do not guarantee the accuracy, completeness, or appropriateness of any Outputs for your specific needs.

9.3 You are responsible for reviewing and verifying all Outputs before use. We recommend implementing appropriate oversight and quality control measures.

9.4 Subject to your compliance with these Terms, we grant you a non-exclusive, worldwide, royalty-free licence to use, modify, and distribute the Outputs generated through your use of Peak for your business purposes.

9.5 We retain the right to use anonymised data derived from Outputs to improve our Services.

9.6 While you have the right to use the Outputs as described in section 9.4, you acknowledge that you may not necessarily own the copyright to these Outputs. The copyright status of AI-generated content is an evolving legal area, and you agree not to make any claims of copyright ownership over the Outputs without seeking independent legal advice.

10. Confidentiality

10.1 Each party may have access to Confidential Information of the other party. "Confidential Information" means all non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

10.2 Each party agrees to:

• a) Use the Confidential Information only for the purposes of these Terms;
• b) Protect the confidentiality of the other party's Confidential Information with at least the same degree of care as it uses to protect its own Confidential Information, but in no event less than reasonable care;
• c) Not disclose the Confidential Information to any third party except as required by law or as necessary to perform its obligations under these Terms.

10.3 The obligations in this section will survive the termination of these Terms.

11. Availability and Support

11.1 We will use commercially reasonable efforts to make Peak available 24 hours a day, 7 days a week, except for planned maintenance or unforeseeable circumstances beyond our control.

11.2 We provide customer support via email during our normal business hours. We will make reasonable efforts to respond to support requests in a timely manner.

11.3 We reserve the right to modify, suspend, or discontinue Peak (or any part thereof) at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Peak.

12. Warranties and Disclaimers

12.1 We warrant that we will provide Peak with reasonable care and skill.

12.2 To the maximum extent permitted by law, Peak is provided "as is" and "as available" without any warranties of any kind, whether express or implied.

12.3 We do not warrant that:

• a) Peak will meet your specific requirements;
• b) Peak will be uninterrupted, timely, secure, or error-free;
• c) The results that may be obtained from the use of Peak will be accurate or reliable;
• d) Any errors in Peak will be corrected.

12.4 You acknowledge that Peak is not a substitute for professional advice. We are not responsible for any decisions made by you based on the Outputs or other information provided through Peak.

13. Limitation of Liability

13.1 To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from your use of Peak.

13.2 Our total liability for any claims arising under these Terms shall be limited to the amount you have paid us for use of Peak in the 12 months preceding the claim.

13.3 Nothing in these Terms excludes or limits our liability for:

• a) Death or personal injury caused by our negligence;
• b) Fraud or fraudulent misrepresentation;
• c) Any other liability that cannot be excluded or limited under applicable law.

14. Termination

14.1 You may terminate your Account and Subscription at any time by providing notice through your Account settings or by contacting us. Termination will be effective at the end of your current billing cycle.

14.2 We may terminate or suspend your Account and access to Peak immediately, without prior notice or liability, for any reason, including if you breach these Terms.

14.3 Upon termination:

• a) Your right to access and use Peak will immediately cease;
• b) You will remain liable for any accrued charges and amounts payable to us;
• c) We may delete Your Data after a reasonable period, subject to our legal and regulatory obligations.

15. General Provisions

15.1 Governing Law: These Terms are governed by the laws of Victoria, Australia. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts in Victoria, Australia.

15.2 Entire Agreement: These Terms constitute the entire agreement between you and us regarding Peak and supersede all prior agreements and understandings.

15.3 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

15.4 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

15.5 Assignment: You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice.

15.6 Notices: Any notices or other communications provided by us under these Terms will be given by posting on our website or by email to the address you provide to us.

16. Contact Us

If you have any questions about these Terms, please contact us at hello@peakapp.ai

Last updated: 14th October 2024