Terms of Service and End User License Agreement

1. Agreement

These terms are an agreement between Peak Director LLC, a Colorado limited liability company ("we" or "us"), and the business that signs up for Peak Director (the "company"). By creating an account, connecting a service, or using Peak Director, the company agrees to these terms. The person accepting them confirms that they have authority to bind the company.

Users who sign in for a company, and customers who use the customer portal, agree to use Peak Director in line with these terms. The Privacy Policy explains how information is handled and is part of these terms.

For customers who use the customer portal: the portal is provided to you by the company that serves you. Your work, prices, warranties, invoices and payments are matters between you and that company, and questions about them go to that company. Peak Director LLC provides the software only. Nothing in these terms limits any right you have under consumer protection law that cannot be waived.

2. Definitions

• Peak Director means the Peak Director software and service, including the owner and office screens, the technician app, the customer portal, and the website at PeakDirector.com.
• User means a person the company allows to sign in, such as an owner, office staff member or technician.
• Customer means a person or business the company serves.
• Company data means information the company, its users or its customers put into Peak Director, and information Peak Director reads from a connected service for the company.
• Connected service means a third party service the company chooses to connect, such as QuickBooks Online, Google Calendar, Stripe or Twilio.

3. License

While the company's account is active and in good standing, we grant the company a limited, non-exclusive, non-transferable, revocable license for its users to access and use Peak Director for the company's internal business operations, under these terms.

The company and its users may not:

• copy, modify, or create derivative works of Peak Director;
• reverse engineer, decompile or try to extract source code, except where the law allows it despite this restriction;
• sell, rent, sublicense or provide Peak Director to anyone outside the company;
• remove or change any notice of ownership;
• access Peak Director to build a competing product.

4. Accounts and security

• The company decides who may sign in and what role each user holds, and is responsible for activity under its users' accounts.
• Each user must have their own account. Accounts may not be shared.
• Users must keep sign in codes, authenticator apps and passkey devices secure, and complete the second sign in step where Peak Director requires it.
• The company must tell us promptly at elliot@PeakDirector.com if it believes an account has been used without permission.
• When a person leaves the company, the company should remove their access.
• Peak Director is not directed to children under 13. Users must be old enough to work for the company under the law that applies to it.

5. Company responsibilities

• The company is responsible for having the right to enter the information it puts into Peak Director, including information about its staff and customers, and for giving any notices and obtaining any consents the law requires.
• The company is the sender of every text message and email it sends to its customers through Peak Director. Before sending text messages, the company must have each customer's consent where the law requires it. The company must honor requests to stop messages, made by reply or by any other reasonable means, and must follow the laws that apply to text messages and commercial email, including the Telephone Consumer Protection Act and the CAN-SPAM Act.
• The company is responsible for the content of its reports, estimates, invoices and messages, and for its prices, taxes, licenses, permits and the work it performs.
• Peak Director is a records and scheduling tool. It does not replace manufacturer instructions, codes, safety rules or professional judgement in the field.

6. Acceptable use

No one may use Peak Director to:

• break the law or violate anyone's rights;
• send spam or messages a recipient has not agreed to receive;
• upload malicious code or interfere with the service;
• try to access another company's records or any account without permission;
• test the security of Peak Director without our written permission;
• place unreasonable load on the service through automated access.

We may suspend access that breaks these rules or puts the service or other companies at risk. Where practical, we will give notice first.

7. Company data

• The company owns its company data.
• The company grants us permission to host, store, copy, process and display company data only as needed to provide Peak Director to the company, to keep it secure, to provide support the company asks for, and to comply with law.
• We do not sell company data, do not use it for advertising, and do not share one company's data with another company.
• Each company's records are kept separate from every other company's records.
• We process company data only on the company's instructions, which are these terms and the company's use of Peak Director. People who work on Peak Director for us are bound to keep company data confidential.
• The service providers that receive company data are listed in the Privacy Policy. We will update that list before a new provider begins to receive company data, and the company may object by writing to us. Each provider is bound by terms that require it to protect the data.
• We will help the company respond to requests from its users and customers about their information, and will give the company the information it reasonably needs to show that these commitments are met.
• If we learn of unauthorized access to company data, we will notify the company in the most expedient time possible and without unreasonable delay, and will cooperate with it as described in the Privacy Policy.
• The company can download some records from within Peak Director while its account is active, and can ask us for an export of all of its records. After the account ends, we delete company data, or return it to the company on request, within 30 days, as described in the Privacy Policy, except where the law requires us to keep certain records longer.

8. Connected services

Connecting a service is optional. When the company connects one, it allows Peak Director to exchange information with that service as described in the Privacy Policy. Connected services are provided by their own operators under their own terms and privacy policies. We are not responsible for a connected service, its availability, or changes its operator makes. The company can disconnect a connected service at any time, and some features will stop working when it does.

9. QuickBooks Online

• Where the QuickBooks Online connection is available, a company owner may connect the company's QuickBooks Online account. When connected, Peak Director reads invoices with an unpaid balance and the Accounts Receivable aging report, and shows them to the company's owners.
• Intuit's connection screen grants accounting access that is broader than what Peak Director uses. Peak Director only reads. It does not create, change or delete records in QuickBooks Online.
• The figures Peak Director shows come from QuickBooks Online at the time they are read. QuickBooks Online remains the company's accounting record.
• We do not sell QuickBooks data, do not use it for advertising, and use it only to show the connected company its own figures.
• The company can end Peak Director's access at any time from its QuickBooks Online account, under Integrations, Manage integrations, then Disconnect; by emailing elliot@PeakDirector.com; or, where available, by selecting Disconnect QuickBooks in Books in Peak Director. Disconnecting in Books revokes the connection with Intuit and deletes the stored connection tokens at once. If access is revoked from QuickBooks Online instead, the stored tokens stop working at once, and we delete them when the owner selects Disconnect QuickBooks in Books, when the owner asks us, or when the account closes, whichever comes first.
• Intuit Inc. is not a party to these terms and is not responsible for Peak Director. QuickBooks and QuickBooks Online are trademarks of Intuit Inc. Peak Director is not made, endorsed or sponsored by Intuit.

10. Fees and payment

• Fees for paid plans are shown before purchase or set in a written agreement with the company. Where a subscription applies, it is billed in advance through Stripe for each billing period and renews until cancelled.
• The company may cancel at any time. Cancellation takes effect at the end of the current billing period. Fees already paid are not refunded, except where required by law.
• We may change fees by giving at least 30 days' notice before the next billing period.
• Fees do not include taxes. The company is responsible for any taxes that apply, other than taxes on our income.
• Payments a company's customers make to the company through Peak Director are processed by Stripe under Stripe's terms, and Stripe's own fees apply. Any platform fee Peak Director LLC charges a company on those payments is set in a written agreement with that company before it applies.

11. Test mode and preview features

Some features may be marked as test, pilot or preview, or may be turned off until they are ready. Card payments may run in a test mode, in which no live charges are made, until they are turned on for live use. Preview features are provided as they are and may change or be removed.

12. Availability and changes

We work to keep Peak Director available and to fix problems promptly, but we do not promise that it will be uninterrupted or free of errors. We may change Peak Director over time. If a change materially reduces a core feature a paying company relies on, we will give notice in advance where practical.

We may update these terms. We will notify company owners of material changes by email or in Peak Director at least 30 days before they take effect. Continued use after that date means the company accepts the updated terms.

13. Ownership

Peak Director LLC owns Peak Director, including its software, design and documentation. These terms do not transfer ownership of Peak Director to anyone. If the company sends suggestions, we may use them without obligation.

14. Disclaimer of warranties

EXCEPT AS STATED IN THESE TERMS, PEAK DIRECTOR IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT THE LAW ALLOWS, PEAK DIRECTOR LLC DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

15. Limitation of liability

TO THE EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, EVEN IF ADVISED THEY WERE POSSIBLE. PEAK DIRECTOR LLC'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO PEAK DIRECTOR IS LIMITED TO THE GREATER OF (A) THE FEES THE COMPANY PAID FOR PEAK DIRECTOR IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits do not apply to the company's payment obligations, to the company's indemnity obligations, to liability for gross negligence, willful or wanton misconduct or fraud, or to any liability that cannot be limited or excluded under the law that applies.

16. Indemnity

The company will defend and hold harmless Peak Director LLC against claims by third parties arising from the company data, the company's work for its customers, the company's messages to its customers, or the company's breach of these terms or of the law.

17. Term and termination

• These terms apply from the day the company first uses Peak Director until its account ends.
• The company may end its account at any time by cancelling its subscription or by writing to elliot@PeakDirector.com.
• We may end or suspend an account for a material breach of these terms that is not fixed within 30 days of notice, for non-payment, or immediately where needed to protect the service, other companies or the law.
• When an account ends, the license ends. The return and deletion described in Section 7 apply.
• Sections 7, 13, 14, 15, 16, 18 and 19 continue after the account ends.

18. Governing law

These terms are governed by the laws of the State of Colorado, without regard to its conflict of law rules. Any dispute will be heard in the state or federal courts located in Denver County, Colorado, and both parties consent to those courts.

19. General terms

• These terms and the Privacy Policy are the whole agreement about Peak Director and replace earlier discussions on the same subject. A separate signed agreement between the company and Peak Director LLC controls where it conflicts with these terms.
• If a part of these terms cannot be enforced, the rest remains in effect.
• Not enforcing a term is not a waiver of it.
• The company may not transfer these terms without our written consent. We may transfer them as part of a merger, sale or transfer of the business.
• Neither party is responsible for delays caused by events beyond its reasonable control.
• Notices to us go to elliot@PeakDirector.com. Notices to the company go to the email address of its account owner.

20. Contact

Peak Director LLC
Email: elliot@PeakDirector.com
Website: PeakDirector.com

See also the Privacy Policy.