TERMS OF USE

Last updated: October 17, 2025

Entity: Peakstone Innovations LLC (a Wyoming limited liability company)

Website: https://www.peakstoneinnovations.com

Contact: [email protected]

Note: These are general-purpose templates provided for convenience and do not constitute legal advice. You should have a licensed attorney review and tailor them to your specific operations, jurisdictions, and risk posture.

Terms of Service

1) Agreement to Terms

By accessing or using any websites, apps, products, or services provided by Peakstone Innovations LLC (collectively, the “Services”), you agree to be bound by these Terms of Service (the “Terms”) and our Privacy Policy. If you do not agree, do not use the Services.

2) Eligibility & Accounts

You must be at least the age of majority in your jurisdiction to use the Services.

If you create an account, you must provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.

We may suspend or terminate accounts that violate these Terms or applicable law.

3) Services; Changes

We may modify, suspend, or discontinue all or part of the Services at any time with or without notice. We may introduce new features or impose limits on certain features or restrict access to parts or all of the Services.

4) Orders, Subscriptions, Trials & Billing

Orders/Statements of Work (SOWs): Certain deliverables are governed by a separate SOW or Master Services Agreement (MSA). If there is a conflict, the MSA/SOW controls.

Subscriptions: Some Services are offered on an auto-renewing subscription basis. You authorize recurring charges until you cancel. Renewal terms and pricing will be shown at checkout or in the SOW.

Free Trials/Promotions: Trial periods convert to paid at the end of the trial unless you cancel beforehand.

Pricing & Taxes: Prices are subject to change. You are responsible for applicable taxes, duties, and fees.

Refunds: Unless stated otherwise in an SOW or local law requires, fees are non‑refundable. Certain satisfaction guarantees, if any, will be listed in writing.

5) Acceptable Use

You agree not to:

(a) use the Services for unlawful, harmful, or fraudulent activity;

(b) probe, scan, or test the vulnerability of any system or network;

(c) circumvent security or authentication measures;

(d) interfere with or disrupt the Services;

(e) reverse engineer, decompile, or derive source code except as permitted by law;

(f) upload or transmit malware, spam, or infringing content;

(g) violate third‑party rights, including intellectual property, privacy, or publicity.

6) User Content; License

You retain ownership of content you submit (“User Content”). You grant us a worldwide, non‑exclusive, royalty‑free license to host, process, reproduce, and display User Content solely to operate and improve the Services and as otherwise described in the Privacy Policy or an applicable SOW/MSA. You represent that you have all rights necessary to grant this license.

7) AI/Automation Disclosures

Some Services may use artificial intelligence, large language models, or automation. Outputs may be inaccurate or incomplete and are provided “as is.” You remain responsible for review and for compliance with applicable laws and platform rules. You agree not to use AI outputs for unlawful discrimination, medical/legal/financial advice to consumers, or other restricted purposes.

8) Third‑Party Services & Integrations

The Services may integrate with third‑party platforms (e.g., CRM, communications, analytics). Your use of those platforms is governed by their terms and policies. We are not responsible for third‑party services and do not control their actions.

9) Marketing Communications & SMS (A2P)

By providing a phone number or email, you consent to receive transactional and (if you opt in) marketing messages, including SMS/MMS sent via automated technologies. Message & data rates may apply. Message frequency varies. Reply STOP to unsubscribe and HELP for help. Consent is not a condition of purchase. Carriers are not liable for delayed or undelivered messages.

10) Intellectual Property

The Services, including software, text, graphics, logos, and trademarks, are owned by Peakstone Innovations or its licensors and are protected by intellectual property laws. Except as expressly allowed, you may not use, copy, modify, or create derivative works of the Services.

11) Feedback

If you submit ideas, suggestions, or proposals (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use the Feedback without restriction or compensation.

12) Confidentiality

Non‑public information marked or reasonably understood to be confidential (“Confidential Information”) will be protected with reasonable care and used solely to perform obligations or as permitted by an applicable agreement. This section does not restrict disclosures required by law with reasonable prior notice when lawful.

13) Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, ERROR‑FREE, UNINTERRUPTED, OR SECURE.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PEAKSTONE INNOVATIONS OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15) Indemnification

You will defend, indemnify, and hold harmless Peakstone Innovations and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your infringement or misappropriation of any rights of a third party.

16) Termination

We may suspend or terminate access for any violation of these Terms, suspected fraudulent or illegal activity, or to protect the security, integrity, or availability of the Services. You may stop using the Services at any time. Sections intended to survive (e.g., IP, confidentiality, disclaimers, limitations, indemnity) will survive termination.

17) Governing Law; Dispute Resolution

Governing Law: The laws of the State of Wyoming, excluding its conflict of laws rules, govern these Terms.

Informal Resolution: Contact us first at [email protected] to resolve disputes informally.

Arbitration: Any unresolved dispute will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration is Cheyenne, Wyoming; the language is English. Class actions and jury trials are waived.

Injunctive Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect IP or confidential information.

18) International Use

You are responsible for compliance with local laws. We do not represent that the Services are appropriate or available in all locations.

19) Export Controls & Sanctions

You represent that you are not located in, under the control of, or a national/resident of any embargoed country or on any restricted party list and will not export or re-export the Services in violation of applicable export laws and sanctions.

20) Changes to Terms

We may update these Terms from time to time. The “Last updated” date will reflect the latest changes. Continued use of the Services after changes constitutes acceptance.

21) Miscellaneous

These Terms constitute the entire agreement regarding the Services (unless superseded by an MSA/SOW). If any provision is unenforceable, the remainder remains in effect. Failure to enforce any provision is not a waiver. You may not assign without our consent; we may assign in connection with a merger, acquisition, or sale of assets.

PRIVACY POLICY

1) Overview

This Privacy Policy explains how Peakstone Innovations LLC ("Peakstone," "we," "our") collects, uses, shares, and safeguards personal information when you interact with our websites, applications, and Services, as well as your choices and rights. By using the Services, you agree to this Policy.

2) Scope & Roles

We act as a controller for our own websites and marketing.

We act as a processor/service provider when we process data on behalf of our business customers per a separate agreement (e.g., SOW/MSA/Data Processing Addendum ("DPA")).

3) Information We Collect

Identifiers & Contact Data: Name, email, phone, address, account credentials.

Commercial Information: Order history, subscriptions, invoices.

Usage & Device Data: IP address, cookie IDs, pages viewed, links clicked, session data, device and browser metadata, crash logs.

Communications: Chat transcripts, support inquiries, call recordings (with notice), survey responses.

Lead & CRM Data: Prospective customer details and notes, including data you import from third‑party systems.

Geolocation (approximate): Derived from IP for analytics and localization.

Sensitive data: We generally do not seek sensitive personal data. If required for a specific feature, we will obtain explicit consent or provide an alternative.

4) Sources of Information

We collect information directly from you, automatically via cookies and similar technologies, and from third parties (e.g., partners, service providers, analytics, advertising networks, and publicly available sources).

5) How We Use Information

Provide, secure, and improve the Services; personalize experiences.

Process orders, payments, and customer support.

Send transactional messages and (with consent where required) marketing communications, including SMS/MMS.

Analyze performance, debug, and prevent fraud and abuse.

Develop new features, including AI and automation capabilities.

Comply with legal obligations and enforce agreements.

6) SMS/MMS Program Terms (A2P 10DLC)

If you opt in to receive SMS/MMS:

Program: Peakstone Alerts/Marketing.

Frequency: Varies; recurring messages.

Opt‑out: Reply STOP to cancel.

Help: Reply HELP for help or contact [email protected].

Rates: Message & data rates may apply.

Carriers: Not liable for delayed/undelivered messages.

7) Legal Bases for Processing (EEA/UK/Switzerland)

We rely on: (a) contract performance; (b) legitimate interests (e.g., security, product improvement, B2B marketing); (c) consent (where required); and (d) legal obligations.

8) Sharing & Disclosure

We share data with:

Vendors/Processors: Hosting, analytics, communications, payment processing, customer support, and other service providers (bound by contractual confidentiality and data protection obligations).

Integrations: When you connect third‑party platforms, we share data as necessary to enable the integration per your instructions.

Business Transfers: In mergers, acquisitions, or asset sales.

Legal/Compliance: To comply with law, enforce terms, or protect rights, safety, and security.

Aggregated/De‑identified data: For analytics and product improvement.

9) Cookies & Tracking

We use cookies, pixels, and similar technologies for essential functionality, analytics, and (with consent where required) advertising/retargeting. You can manage preferences via your browser and our cookie banner (if applicable). Some features may not function without certain cookies.

10) Data Retention

We retain personal information for as long as needed to provide the Services, comply with legal obligations, resolve disputes, and enforce agreements. Retention periods vary by data category and purpose.

11) Security

We implement reasonable administrative, technical, and physical safeguards to protect personal information. However, no system can be guaranteed to be 100% secure. You are responsible for maintaining the security of your account credentials.

12) International Data Transfers

If we transfer personal information outside your jurisdiction (e.g., to the United States), we will use appropriate safeguards such as Standard Contractual Clauses (SCCs) or other lawful transfer mechanisms.

13) Your Rights & Choices

Depending on your location, you may have rights to:

access, correct, or delete your personal information;

opt out of certain processing (e.g., targeted advertising or sale/sharing of personal information where applicable);

portability;

withdraw consent (where applicable); and

appeal a refusal of your request.
To exercise rights, contact
[email protected]. We may verify your identity and respond within statutory timelines.

14) U.S. State Privacy Notices (e.g., CA/VA/CO/CT/UT/OR/TX)

We are a business/controller for site and marketing data and a service provider/processor for client data handled on their behalf.

We do not knowingly sell personal information. We may share personal information for cross‑context behavioral advertising; you can opt out via our Do Not Sell or Share My Personal Information link where applicable.

Categories collected, purposes, and disclosures are described above.

California residents have additional rights under the CCPA/CPRA, including rights to know, delete, correct, and opt out of sale/sharing, and to limit use of sensitive personal information (if applicable).

Authorized agents may submit requests pursuant to local law.

15) Children’s Privacy

The Services are not directed to children under 13 (or other age as defined by local law). We do not knowingly collect personal information from children. If we learn that a child has provided personal information, we will delete it.

16) Processor Activities; DPA

When acting as a processor/service provider for a customer, we process personal data solely per the customer’s instructions and our Data Processing Addendum, which includes data security, subprocessor, and cross‑border transfer terms. Customers are responsible for providing required notices and obtaining necessary consents from their end users.

17) Changes to This Policy

We may update this Privacy Policy from time to time. The “Last updated” date will indicate the latest revision. Material changes will be notified via the Services or by email where required.

18) Contact Us

For questions, requests, or complaints:
Email: [email protected]
Mailing Address: Peakstone Innovations LLC, [Insert Mailing Address], Wyoming, USA.


Optional Add‑Ons (Not Legal Advice)

Stand‑alone DPA (Controller–Processor): Incorporate SCCs (modules 2/3), subprocessor list, technical and organizational measures, and incident notification timelines.

Cookie Policy: Expand cookie categories, list of third‑party trackers, retention periods, and consent management details.

Service‑Specific Terms: If you offer AI agents, voice services, or website hosting, add uptime targets, support SLAs, fair use limits, and deliverable acceptance criteria.

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