Terms of Service

These Terms of Service (the "Terms") form a binding agreement between you and Peakline Innovations, LLC ("Peakline Innovations," "we," "us," or "our") and govern your access to and use of our website at peaklineinnovations.com and the services, content, and communications we make available (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not access or use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

You must be at least 18 years old and able to form a legally binding contract to use the Services. The Services are intended for business and professional users and are not directed to children. By using the Services, you represent and warrant that you meet these requirements.

Peakline Innovations is a limited liability company that operates as a software development studio, providing custom application and web development, related products, and professional services. Our website provides information about our offerings and a means to contact us.

Any specific engagement for development or professional services will be governed by a separate written agreement (such as a statement of work or master services agreement) between you and Peakline Innovations. In the event of a conflict between such an agreement and these Terms with respect to that engagement, the separate agreement controls. We may modify, suspend, or discontinue any part of the Services at any time.

The website does not currently require you to create an account. If we offer account-based features in the future, you will be responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account, and you agree to notify us promptly of any unauthorized use. You must provide accurate and complete information and keep it up to date.

You agree not to, and not to permit any third party to:

• use the Services in violation of any applicable law, regulation, or third-party right;
• access, tamper with, or use non-public areas of the Services or our systems without authorization;
• probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
• introduce malware, viruses, or other harmful code, or interfere with or disrupt the integrity or performance of the Services;
• scrape, harvest, or collect information about others without authorization, or send unsolicited communications through the Services;
• use the Services to infringe intellectual property, misappropriate trade secrets, or transmit unlawful, defamatory, or harmful content; or
• reverse engineer, decompile, or disassemble any portion of the Services except to the extent permitted by applicable law.

The Services and all content and materials available through them — including text, graphics, logos, the Peakline Innovations name and marks, software, and design — are owned by or licensed to Peakline Innovations, LLC and are protected by intellectual property and other laws. Except as expressly stated, nothing in these Terms grants you any right, title, or interest in the Services or our intellectual property.

License to use the site

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the website for your internal, lawful, and informational purposes. You may not copy, modify, distribute, sell, lease, or create derivative works from any part of the Services except as expressly permitted.

Your content and feedback

You retain ownership of any content you submit to us (for example, through the contact form). You grant us a non-exclusive, worldwide, royalty-free license to use such content solely to respond to you and provide the Services. If you provide suggestions, ideas, or other feedback about the Services, you agree that we may use it without restriction or obligation to you, and you assign to us all rights in such feedback to the extent permitted by law.

The Services may rely on or contain links to third-party services, websites, or resources that we do not control. We provide them for convenience and do not endorse and are not responsible for their content, policies, or practices. Your use of third-party services is governed by their own terms and policies, and is at your own risk.

Access to our website is provided free of charge and is informational. We do not currently collect payments through the website. Fees for any development or professional services we provide will be set out in a separate written agreement, which will govern invoicing, payment terms, taxes, and any refund terms. Unless a separate agreement expressly states otherwise, amounts paid are non-refundable.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS. ANY MATERIAL OBTAINED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Peakline Innovations, LLC, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED the greater of (a) the total amounts you paid to us, if any, in the twelve (12) months preceding the event giving rise to the claim, or (b) USD $1,000. This limitation does not apply to liability that cannot be limited or excluded under applicable law, including liability arising from gross negligence, willful misconduct, or a party's indemnification or intellectual-property obligations.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless Peakline Innovations, LLC and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or any third-party right; or (d) any content or information you submit through the Services.

These Terms remain in effect while you use the Services. We may suspend or terminate your access to the Services at any time, with or without cause or notice, including if we believe you have violated these Terms.

Upon termination, the rights and licenses granted to you will cease. The provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and the miscellaneous provisions — will survive.

Governing law and venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Riverside County, State of California, will have exclusive jurisdiction and venue, and you consent to personal jurisdiction in those courts.

Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve the dispute by contacting one another using the details in the "Contact" section.

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, power or network failures, or failures of third-party providers.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

These Terms, together with the Privacy Policy and any separate written agreement governing a specific engagement, constitute the entire agreement between you and Peakline Innovations regarding the Services and supersede all prior or contemporaneous understandings on that subject.

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Peakline Innovations to be effective.

We may revise these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page, and material changes may be communicated through additional notice as appropriate. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

We may provide notices to you by posting on the website or by email. Legal notices to us must be sent in writing to the contact details below and are deemed given upon receipt.

If you have questions about these Terms, contact us at:

• Peakline Innovations, LLC (formed in California)
• Email: support@peaklineinnovations.com