Terms of Service

Effective Date: May 4, 2026 | Last Updated: May 4, 2026

These Terms of Service ("Terms") govern your access to and use of the services provided by PeakAgent, Inc. ("PeakAgent," "we," "us," or "our"), including our website at peakagentai.com, our AI assistant service, and any related products or services (collectively, the "Services"). By accessing or using the Services, you ("you," "Customer," or "User") agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Services.

1. Eligibility and Account Registration

To use the Services, you must:

• Be at least 18 years of age
• Have the legal authority to enter into a binding agreement
• Be a resident of the United States (the Services are currently available only to US-based customers)
• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials

You are responsible for all activity that occurs under your account. Notify us immediately at support@peakagentai.com if you believe your account has been compromised.

2. Description of Services

PeakAgent provides an AI-powered assistant designed to help small and medium-sized business owners with daily operational tasks, including but not limited to communication, scheduling, research, document management, customer relationship management, and follow-up activities. The Services are delivered through WhatsApp, email, and other channels and integrate with third-party tools including Google Workspace, Stripe, and others.

The Services use AI models from third-party providers (including Anthropic) to generate responses, draft content, and execute tasks on your behalf. AI-generated output may contain errors, inaccuracies, or unexpected results. You are responsible for reviewing AI-generated content before relying on or acting on it.

3. Subscription Plans and Pricing

3.1 Plans

PeakAgent offers a subscription service with the following pricing structure:

• Founding Member rate: $99 per month, available to the first 100 customers, locked at this rate as long as the customer maintains an active subscription without lapse
• Standard rate: $149 per month for all customers after the first 100 founding members
• Optional add-ons: voice calling and additional usage credits, billed separately based on usage

3.2 Free Trial

New customers may receive a free trial period of two (2) weeks. No payment is required to begin the trial. At the end of the trial, you will be given the option to subscribe to a paid plan. If you do not subscribe, your account will be paused and your data retained for thirty (30) days, after which it will be permanently deleted.

3.3 Founding Member Status

Founding Member status is granted to the first 100 customers who subscribe to a paid plan. Founding Member status entitles the customer to a $99/month rate, locked for the life of the active subscription. If you cancel and resubscribe, you will resubscribe at the then-current standard rate, not the Founding Member rate. PeakAgent reserves the right to terminate Founding Member status if a customer materially violates these Terms.

3.4 Billing

Subscriptions are billed monthly in advance via credit card processed by Stripe. By providing payment information, you authorize PeakAgent to charge your payment method on a recurring basis. You are responsible for keeping your payment method current. If a payment fails, we will provide a grace period during which you may update your payment information. After the grace period, the Services may be suspended.

3.5 Refunds

PeakAgent offers pro-rated refunds within the first thirty (30) days of paid service if the customer determines the Services are not meeting their needs. After thirty (30) days, no refunds will be issued, but the customer may cancel at any time as described in Section 4. Refunds are issued to the original payment method.

3.6 Price Changes

PeakAgent may change the standard subscription rate at any time. Any rate change will not affect Founding Members who maintain an active subscription without lapse. For non-founding customers, we will provide at least thirty (30) days' notice of any rate increase.

4. Cancellation and Termination

4.1 Cancellation by Customer

You may cancel your subscription at any time by emailing support@peakagentai.com or following the cancellation process in your account settings. Upon cancellation, you will retain access to the Services through the end of your current billing period. After cancellation, your account will be deactivated, and your data will be retained for thirty (30) days before permanent deletion, unless you request earlier deletion.

4.2 Termination by PeakAgent

PeakAgent may suspend or terminate your account if:

• You materially violate these Terms
• Your use of the Services creates legal risk for PeakAgent or other users
• You fail to pay subscription fees after the grace period
• Your use of the Services violates applicable law
• You use the Services to engage in harassment, fraud, illegal activity, or other prohibited conduct

We will provide written notice of suspension or termination via email except in cases of emergency or where notice is prohibited by law.

5. Acceptable Use

You agree not to use the Services to:

• Send unsolicited commercial messages (spam) in violation of CAN-SPAM, TCPA, GDPR, or similar laws
• Send messages that violate WhatsApp Business Platform policies or Meta Platform Terms
• Send marketing messages to recipients who have not opted in or who have opted out
• Distribute malware, conduct phishing, or engage in any malicious activity
• Harass, abuse, threaten, or harm another person
• Engage in fraud, deception, or impersonation
• Violate any applicable law or regulation
• Violate the intellectual property rights of others
• Use the Services to provide professional advice (legal, medical, financial) where you are not licensed to do so
• Reverse engineer, decompile, or attempt to extract the source code of the Services
• Use the Services to compete with PeakAgent or build a competing product
• Resell or redistribute the Services without written permission

6. Communication Compliance (TCPA, CAN-SPAM, WhatsApp Policies)

You acknowledge that the Services may be used to send communications via WhatsApp, SMS, email, and voice. You are solely responsible for ensuring that all communications sent through the Services comply with applicable laws, including but not limited to:

• Telephone Consumer Protection Act (TCPA) for SMS and voice communications
• CAN-SPAM Act for email communications
• State-level privacy and communications laws
• WhatsApp Business Platform commerce and messaging policies
• Meta Platform Terms

You represent and warrant that you have obtained all necessary consents from recipients before sending any commercial or marketing communications through the Services. PeakAgent provides tooling to help with compliance (such as opt-out keyword handling) but does not warrant that your use of the Services is compliant with all applicable laws. You agree to indemnify PeakAgent for any claims arising from your communications, as set forth in Section 13.

SMS Program Terms

By providing your mobile phone number and checking the SMS consent box, you agree to receive recurring SMS messages from PeakAgent.

7. Customer Data and Third-Party Integrations

7.1 Customer Data

"Customer Data" means any data, content, or information that you submit to or generate through the Services, including but not limited to your contacts, conversations, files, and account configuration. You retain all rights to your Customer Data. You grant PeakAgent a limited, worldwide, royalty-free license to use, store, process, and transmit Customer Data solely for the purpose of providing the Services to you.

7.2 Third-Party Integrations

The Services integrate with third-party platforms including Google Workspace (Gmail, Calendar, Drive, Docs, Sheets, Contacts), WhatsApp Business Platform (operated by Meta), Stripe, and others. By connecting these integrations, you authorize PeakAgent to access, transmit, and process data from those platforms in accordance with the scope you authorize and our Privacy Policy. You are responsible for complying with the terms of service of those third-party platforms.

7.3 WhatsApp and Meta Relationship

PeakAgent operates as a WhatsApp Business Platform Solution Provider partner. Customer messaging through the Services is delivered via WhatsApp business numbers provisioned by PeakAgent under our WhatsApp Business Account (WABA). By using the Services, you acknowledge that:

• Your messages will transit through PeakAgent's WABA infrastructure
• Meta Platform Terms apply to all WhatsApp communications
• PeakAgent reserves the right to suspend messaging if Meta restricts our WABA
• Approved message templates are subject to Meta's approval and may be paused or rejected at Meta's discretion

8. AI-Generated Content and Disclaimer

The Services use AI to generate content, take actions, and provide recommendations on your behalf. You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or hallucinations
• AI-generated content is NOT a substitute for professional legal, medical, financial, or other licensed advice
• You are responsible for reviewing AI-generated content before sending, publishing, or acting on it
• PeakAgent does not warrant that AI-generated content will be accurate, complete, or fit for any particular purpose
• You assume all risk associated with use of AI-generated content

9. Intellectual Property

9.1 PeakAgent IP

PeakAgent retains all rights, title, and interest in and to the Services, including all software, designs, trademarks, and content created by PeakAgent. These Terms do not grant you any ownership interest in the Services.

9.2 Customer Content

You retain all rights, title, and interest in and to your Customer Data. You grant PeakAgent the limited license described in Section 7.1 solely to provide the Services.

9.3 Feedback

If you provide PeakAgent with feedback, suggestions, or ideas, you grant PeakAgent a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose, including incorporation into the Services.

10. Confidentiality

Each party will maintain the confidentiality of any non-public information received from the other party that is marked confidential or that a reasonable person would understand to be confidential. This obligation does not apply to information that is or becomes publicly available, was already known to the receiving party, is rightfully received from a third party, or is independently developed.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF AI-GENERATED CONTENT.

PEAKAGENT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA TRANSMITTED THROUGH THE SERVICES WILL BE SECURE OR FREE FROM LOSS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PEAKAGENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

PEAKAGENT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO PEAKAGENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless PeakAgent and its officers, directors, employees, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your Customer Data
• Your communications sent through the Services, including but not limited to TCPA, CAN-SPAM, or WhatsApp policy violations
• Your violation of these Terms
• Your violation of any law or third-party right

14. Modifications to These Terms

PeakAgent may modify these Terms at any time. We will provide notice of material changes via email or through the Services at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of the modified Terms constitutes acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Services and may cancel your account.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be resolved as follows:

• First, the parties will attempt to resolve the dispute through good-faith negotiation
• If unresolved after thirty (30) days, the dispute will be submitted to binding arbitration administered by JAMS in Los Angeles, California, under JAMS' Streamlined Arbitration Rules
• Either party may seek injunctive relief in a court of competent jurisdiction for claims involving intellectual property or unauthorized access to data

YOU AND PEAKAGENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PeakAgent regarding the Services.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

PeakAgent's failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms without PeakAgent's prior written consent. PeakAgent may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

16.5 Notices

All notices to PeakAgent must be sent to legal@peakagentai.com. Notices to you will be sent to the email address associated with your account.

16.6 Contact

Questions about these Terms can be directed to support@peakagentai.com.

PeakAgent, Inc.
5233 Whitsett Ave, Ste 12 Valley Village, CA 91607
205-919-6446