Last Updated: January 21, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and PeakOps ("Company," "we," "us," or "our") governing your access to and use of the PeakOps platform, including our website, mobile applications, APIs, and related services (collectively, the "Service").
By accessing or using the Service, creating an account, or clicking "I agree" or similar acceptance mechanism, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
PeakOps is an operational intelligence platform designed for multi-unit restaurant and hospitality businesses. The Service provides:
The Service may integrate with third-party platforms and services. Your use of such third-party services is subject to their respective terms and conditions.
To access the Service, you must create an account by providing accurate, current, and complete information. You agree to:
We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe to be fraudulent.
By providing your mobile phone number and consenting to receive SMS communications, you agree to receive the following types of messages from PeakOps:
Message Frequency: Message frequency varies based on your account settings and Service usage. You may receive up to 3 messages per day during active use.
Message and Data Rates: Standard message and data rates may apply depending on your mobile carrier and plan. Contact your carrier for details.
Opt-Out: You may opt out of SMS messages at any time by replying STOP to any message. You will receive a confirmation message and no further SMS communications except as required for account security. You may also manage your communication preferences in your account settings or by contacting support@getpeakops.com.
Help: For assistance, reply HELP to any message or contact support@getpeakops.com.
Carrier Disclaimer: Mobile carriers are not liable for delayed or undelivered messages. Service is available on major U.S. carriers including AT&T, Verizon, T-Mobile, and Sprint.
We may offer a free trial period for new customers. At the end of the trial period, your account will be converted to a paid subscription unless you cancel before the trial ends. We will notify you before any charges are applied.
Paid subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. Fees are based on the pricing plan and number of locations or users, as specified on our pricing page or in your order form.
By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis until you cancel. You are responsible for providing valid payment information and ensuring sufficient funds are available.
We may modify our pricing with 30 days' advance notice. Price changes will take effect at the start of your next billing cycle following the notice period.
Subscription fees are non-refundable except as required by applicable law. If you cancel your subscription, you will retain access to the Service until the end of your current billing period.
Fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying all such taxes associated with your use of the Service, excluding taxes based on our net income.
You retain all right, title, and interest in and to the data you submit to the Service ("Customer Data"). We do not claim ownership of your Customer Data.
You grant us a limited, non-exclusive, worldwide license to use, process, and store Customer Data solely for the purpose of providing and improving the Service. This license terminates when you delete your Customer Data or close your account.
We process Customer Data in accordance with our Privacy Policy. By using the Service, you consent to such processing and represent that all data you provide is accurate and lawfully obtained.
We may create anonymized, aggregated data derived from Customer Data that does not identify you or any individual ("Aggregated Data"). We may use Aggregated Data for any lawful business purpose, including improving the Service and creating industry benchmarks.
The Service may access data from third-party platforms (such as Google Business Profile or scheduling systems) on your behalf. You represent that you have the necessary rights and authorizations to grant us access to such data, and you agree to comply with the applicable third-party terms of service.
You agree not to use the Service to:
We reserve the right to investigate and take appropriate action against violations of this policy, including suspending or terminating your access to the Service.
The Service, including its software, design, text, graphics, logos, and all other content (excluding Customer Data), is owned by PeakOps or its licensors and is protected by copyright, trademark, patent, and other intellectual property laws. All rights not expressly granted herein are reserved.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.
If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without obligation to you.
The Service may integrate with or provide links to third-party services, including but not limited to Google Business Profile, scheduling platforms, and payment processors. These third-party services are governed by their own terms and privacy policies.
We are not responsible for the availability, accuracy, or content of third-party services. Your use of third-party services is at your own risk, and you should review the applicable terms before enabling any integration.
We may modify or discontinue third-party integrations at any time without liability to you.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
YOU ACKNOWLEDGE THAT THE SERVICE RELIES ON DATA FROM THIRD-PARTY SOURCES AND THAT WE CANNOT GUARANTEE THE ACCURACY OR TIMELINESS OF SUCH DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) IN NO EVENT SHALL PEAKOPS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).
(C) THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.
You agree to indemnify, defend, and hold harmless PeakOps and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; (d) your Customer Data; or (e) any dispute between you and a third party relating to the Service.
These Terms are effective upon your acceptance and continue until terminated by either party as provided herein.
You may terminate your account at any time by canceling your subscription through your account settings or by contacting support@getpeakops.com. Termination will be effective at the end of your current billing period.
We may suspend or terminate your access to the Service immediately, without prior notice, if: (a) you breach these Terms; (b) you fail to pay applicable fees; (c) we are required to do so by law; or (d) we discontinue the Service.
Upon termination: (a) your license to use the Service immediately terminates; (b) you remain liable for any fees incurred prior to termination; (c) we may delete your Customer Data after a reasonable retention period (typically 30 days); and (d) provisions that by their nature should survive termination shall survive, including Sections 6, 8, 10, 11, 12, and 14-17.
Prior to termination, you may request an export of your Customer Data by contacting support@getpeakops.com. We will provide the data in a commonly used format within a reasonable timeframe.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved within 30 days, either party may pursue binding arbitration or litigation as provided below.
Subject to applicable law, any unresolved dispute shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, and judgment on the award may be entered in any court of competent jurisdiction.
YOU AND PEAKOPS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by: (a) posting the updated Terms on our website with a new "Last Updated" date; (b) sending an email to the address associated with your account; or (c) providing notice through the Service.
Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue your use of the Service.
These Terms, together with our Privacy Policy and any order forms or service agreements, constitute the entire agreement between you and PeakOps regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of PeakOps.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and assigns.
Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service failures.
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.
If you have any questions about these Terms or the Service, please contact us:
By using PeakOps, you acknowledge that you have read and understood these Terms of Service.
