This is a ParWelcome to Peak Performance (“we”, “us”, “our”). These Terms & Conditions together with our Privacy Policy (this “Agreement”) govern your access to and use of our SaaS platform and associated services, including SMS/text messaging services (collectively the “Service”). By subscribing to or using our Service you (“you”, “Customer”) agree to be bound by this Agreement. If you do not agree, please do not use the Service.

2. Definitions

Subscriber means an end-user mobile phone number or other contact endpoint for which you use our Service to send messages.

Messages means SMS, MMS or other electronic communications sent via the Service.

Platform means the software and infrastructure we provide (branded under Peak Performance) enabling you to use the Service.

Content means text, images, audio, video or other material you upload or transmit via the Service.

Order Form means any subscription order, invoice or agreement you enter into for the Service.

3. Scope of Service

We grant you access to the Platform so you may use the Service under the terms of this Agreement. We may modify, suspend or discontinue the Service (or any feature) at any time, with or without notice. Your use of the Service is subject to all applicable laws, carrier rules and third-party policies.

4. Your Obligations

You warrant and agree that:

You have obtained valid express consent from each Subscriber to receive Messages from you, in compliance with applicable laws (for example Telephone Consumer Protection Act (TCPA) in the U.S.). Iterable+1

You will only send Messages consistent with the purpose disclosed to each Subscriber (e.g., promotional vs transactional) and in compliance with carrier/telecom rules. Twilio+1

You will include clear opt-out instructions in every Message (for example: “Reply STOP to unsubscribe”). OpenPhone+1

You will maintain accurate Subscriber data, honour opt-outs promptly, and not send Messages after opt-out.

You will comply with all applicable carrier regulations, messaging industry standards (such as U.S. 10DLC regulations) and our policies. SMS Marketing Services

You will pay all fees and charges due under your Order Form and not hold us responsible for your Subscriber consent or regulatory compliance.

5. Fees & Payments

You agree to pay the fees set forth in the applicable Order Form. Unless explicitly stated, all fees are non-refundable. If you fail to pay, we may suspend or terminate the Service. You are responsible for any carrier/network charges, taxes or duties incurred in connection with your use of the Service.

6. Prohibited Uses

You agree not to use the Service:

To send Messages to numbers without valid consent.

For spam, unsolicited marketing, or messages obtained through deception or illegal means.

For unlawful, harassing, defamatory or fraudulent conduct.

To upload or transmit viruses, malware or harmful code.

To circumvent or violate carrier/telecom rules, or mis-represent sender identity.

To violate any applicable law, regulation or third-party policy.

7. Intellectual Property

We and our licensors retain all rights in the Platform, software, APIs, documentation, trademarks and trade dress. You retain ownership of the Content you upload or send, subject to the license you grant us to operate the Service: you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to store, transmit, display and modify your Content as necessary to provide the Service.

8. Privacy & Data Handling

Collection & Use

We may collect personal information you provide (such as name, email address, phone number, Subscriber data) and usage data (such as IP address, device type, session activity) in connection with your use of the Service. We use this information to provide, maintain and improve the Service, send you administrative notices, and for analytics.

SMS / Messaging Data

If you use the Service to send Messages, you must provide us with Subscriber contact data for that purpose. Your handling of that data must comply with applicable regulations (e.g., opt-in, opt-out). We may process that data as needed to operate the Service and communicate with Subscribers on your behalf.

Sharing & Disclosure

We will not sell your personal data. We may share your data with service providers who help us deliver the Service (e.g., hosting, messaging infrastructure) under confidentiality obligations. We may also disclose data if required by law or to protect our rights.

Security & Retention

We implement commercially reasonable security measures to protect your data, but no system is perfect and we cannot guarantee absolute security. We will retain your personal data for as long as needed to provide the Service or comply with our legal obligations, after which we will delete or anonymize it as appropriate.

Your Rights

You may request access to, correction of or deletion of your personal data by contacting us (see Section 16). You may opt-out of marketing communications at any time; note this may affect your ability to use the Service.

Cookies & Tracking

Our website may use cookies or similar technologies to track visitor behaviour. You may disable browser cookies, but that may limit your ability to use the website fully.

9. Refunds & Termination

We do not offer refunds except as required by law or as expressly stated in your Order Form. You may terminate your subscription at any time by providing the required notice under the Order Form; however you remain responsible for payment of any fees accrued prior to termination. We may suspend or terminate your access immediately if you breach this Agreement, fail to pay, or we choose to discontinue the Service. Upon termination, you must cease use of the Service and delete any copies of our software/documentation in your possession.

10. Limitation of Liability; Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability or fitness for a particular purpose. To the maximum extent permitted by law, we disclaim all liability for any loss of profits, revenue, data or business interruption. Our aggregate liability to you for any claim arising under this Agreement will not exceed the fees paid by you to us in the twelve (12) months prior to the claim.

11. Indemnification

You agree to indemnify, defend and hold harmless Peak Performance and its officers, directors, employees, agents and affiliates from any claims, damages, liabilities, costs or expenses (including attorneys’ fees) arising out of your use of the Service, your Content, your violation of this Agreement, or your violation of any law or rights of a third-party.

12. Governing Law & Dispute Resolution

This Agreement will be governed by the laws of the State of Colorado, United States, without regard to conflict of law provisions. Any dispute arising under this Agreement will be resolved in the courts located in Denver, Colorado (or through binding arbitration if you and we agree). If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force.

13. Modifications

We reserve the right to update or modify this Agreement at any time. We will provide notice of material changes (e.g., via email or our website). Your continued use of the Service after changes become effective constitutes your acceptance of the revised Agreement.

14. Miscellaneous

Entire Agreement. This Agreement and any Order Form constitute the entire agreement between you and us regarding the Service.

Assignment. You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign at any time.

Waiver. Our failure to enforce any provision does not constitute a waiver of future enforcement of that provision or any other.

Severability. If any part of this Agreement is invalid, illegal or unenforceable, the remainder will continue in full force and effect.agraph Font