PeakVis AI Terms and Conditions

Last updated: August 28, 2025

1. Acceptance of Terms

By accessing or using PeakVis AI's services, you agree to be bound by these Terms and Conditions.

2. Description of Service

PeakVis AI provides AI-powered SaaS solutions. The specific features and functionality may change over time.

3. User Accounts

You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

4. User Data

By using our service, you acknowledge and agree that PeakVis AI may collect, store, and use your data as described in our Privacy Policy. You grant PeakVis AI a license to use your data for purposes including but not limited to providing, improving, and expanding our services. For complete details on how we handle your data, please refer to our Privacy Policy.

5. Acceptable Use and Prohibited Activities

Prohibited Uses:

You agree NOT to use PeakVis AI for any of the following:

  • Any unlawful, harmful, or fraudulent activities
  • Creating content that violates intellectual property rights
  • Generating spam, malware, or other malicious content
  • Attempting to reverse engineer, hack, or exploit our service
  • Creating fake accounts or impersonating others
  • Sharing your account credentials with unauthorized users
  • Using the service to compete directly with PeakVis AI
  • Any activity that could damage, disable, overburden, or impair our service
  • Violating any applicable local, state, national, or international laws

Content Responsibility:

You are solely responsible for all content you create, upload, or distribute using our service. We do not monitor, control, or take responsibility for user-generated content. You warrant that you have all necessary rights and permissions for any content you use with our service.

Usage Monitoring:

We reserve the right to monitor usage patterns, investigate suspected violations, and take appropriate action including account suspension or termination without prior notice.

6. Intellectual Property

The PeakVis AI service, including all associated intellectual property rights, belongs to us. You may not copy, modify, or create derivative works of PeakVis AI or its content.

7. Termination

We reserve the right to terminate or suspend access to our service immediately, without prior notice or liability, for any reason.

8. Limitation of Liability and Legal Protections

Maximum Liability Cap:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKVIS AI'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

Excluded Damages:

IN NO EVENT SHALL PEAKVIS AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data, information, or content
  • Business interruption or downtime
  • Cost of substitute services or products
  • Loss of goodwill or reputation
  • Personal injury or property damage
  • Any damages arising from unauthorized access to your data

Service "AS IS" Disclaimer:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability and fitness for a particular purpose
  • Non-infringement of third-party rights
  • Uninterrupted, timely, secure, or error-free operation
  • Accuracy, reliability, or completeness of any content or data
  • Freedom from viruses, malware, or other harmful components

Third-Party Integrations:

Our service may integrate with third-party services, APIs, or platforms. We are not responsible for the availability, functionality, security, or performance of these third-party services. Any issues arising from third-party integrations are beyond our control and liability.

Force Majeure:

We shall not be liable for any delay or failure in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, internet outages, or government regulations.

9. Indemnification

USER INDEMNIFICATION REQUIREMENT:

You agree to indemnify, defend, and hold harmless PeakVis AI, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use or misuse of the service
  • Your violation of these Terms and Conditions
  • Your violation of any applicable laws or regulations
  • Any content you submit, upload, or transmit through the service
  • Your infringement of any third-party rights
  • Any disputes you have with other users
  • Any unauthorized access to your account due to your failure to maintain security

This indemnification obligation survives termination of your account and these Terms.

10. Enhanced Service Availability and No Obligation Disclaimer

CRITICAL SERVICE LIMITATIONS:

  • No Service Guarantee: PeakVis AI is not obligated to provide continuous, uninterrupted, or error-free service. We may experience downtime, technical failures, or service interruptions at any time without notice or compensation.
  • No Liability for Failures: We are not responsible for any service failures, technical issues, data loss, business interruptions, lost profits, or any consequential damages that may occur while using our platform.
  • Absolute Right to Modify: We reserve the unconditional right to modify, suspend, or permanently discontinue any or all aspects of our service without prior notice, compensation, or liability.
  • Third-Party Dependencies: Our service relies on third-party providers (cloud services, APIs, etc.). We are not liable for any third-party service failures or limitations that may affect our service.
  • Use at Your Own Risk: You acknowledge and accept that you use PeakVis AI entirely at your own risk. We make no guarantees about service availability, performance, reliability, accuracy, or fitness for any particular purpose.
  • Data Loss: While we implement reasonable backup procedures, we are not responsible for any data loss, corruption, or inability to retrieve your content.

11. Refunds and Cancellations Policy

Refund Policy:

Due to the immediate digital delivery and nature of our AI-powered service, refunds are subject to strict limitations to prevent abuse.

Refund Eligibility Requirements:

Refunds may be considered only if ALL of the following conditions are met:

  • Time Limit: Request must be made within 7 days of purchase
  • Usage Limit: You have used less than 5% of your monthly credit allocation
  • Technical Issues: Demonstrable technical issues preventing service access that our support team cannot resolve
  • No Policy Violations: Your account has not violated any terms of service

Non-Refundable Circumstances:

  • More than 7 days have passed since purchase
  • You have used 5% or more of your monthly credits
  • Change of mind or dissatisfaction with service features
  • Failure to use the service after gaining access
  • Any violation of our terms of service or acceptable use policy
  • Requests made due to user error or misunderstanding of service features

Refund Process:

  • All refund requests must be submitted to hellopeakvis@gmail.com
  • We reserve the right to verify usage and investigate all refund requests
  • Approved refunds will be processed within 5-10 business days
  • Refunds will be issued to the original payment method
  • Partial refunds are not available - refunds are all-or-nothing

Important: The product is delivered immediately upon purchase. By completing your purchase, you acknowledge that you understand our refund policy and agree to these limitations. All refund decisions are final and at our sole discretion.

11. Changes to Terms

We reserve the right to modify these terms at any time. It is your responsibility to check these terms periodically for changes.

13. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you agree that the exclusive jurisdiction and venue shall be the state and federal courts located in San Francisco County, California.

Jurisdiction Agreement: By using our service, you consent to the personal jurisdiction of California courts and waive any objections to jurisdiction or venue.

14. Code of Conduct and Service Termination

At PeakVis AI, we maintain a respectful environment for both our customers and our team. By using our service, you agree to:

  • Communicate respectfully with our team members at all times
  • Refrain from using abusive, threatening, or excessively profane language
  • Work collaboratively with our support team to resolve issues
  • Comply with all applicable laws and regulations
  • Not engage in any fraudulent or deceptive practices

Immediate Termination Rights:

We reserve the absolute right to terminate or suspend service immediately, at our sole discretion, for any user who violates these conduct standards or any other terms. In cases of termination for violations:

  • If termination occurs within the 7-day refund period and usage is under 5% of monthly credits, a refund may be considered at our sole discretion
  • If termination occurs after the 7-day period or after 5% usage, no refund will be issued regardless of the reason for termination
  • We may terminate accounts for any reason without prior warning, including but not limited to suspected fraud, abuse, or violation of terms

This termination right exists independently of any other rights or remedies available to us under these Terms or applicable law. All termination decisions are final and non-appealable.

15. Enhanced Disclaimers and Legal Protections

Comprehensive Disclaimers:

PeakVis AI makes no express or implied warranties or representations with respect to our service. We specifically disclaim all warranties including but not limited to:

  • Quality, accuracy, or reliability of AI-generated content
  • Uninterrupted, timely, secure, or error-free operation
  • Fitness for any particular purpose or commercial use
  • Compatibility with your systems or workflows
  • Protection against data loss or corruption

AI Content Disclaimer:

AI-Generated Content Warning: Our service uses artificial intelligence to generate content. AI-generated content may be inaccurate, inappropriate, or may inadvertently infringe on third-party rights. You are solely responsible for reviewing, verifying, and ensuring the appropriateness of any AI-generated content before use.

No Professional Advice:

Our service does not provide legal, financial, medical, or professional advice of any kind. Any content generated should not be relied upon as professional advice. You should consult with qualified professionals for specific guidance related to your circumstances.

16. Communications Consent

By signing up for PeakVis AI, you agree to the following communication terms:

a) Email Communications:

You consent to receive emails related to your account, product updates, promotional offers, and additional services. You may unsubscribe from marketing emails at any time by clicking the unsubscribe link included in each email or by contacting hellopeakvis@gmail.com.

b) Text Message Communications:

You consent to receive text messages related to your account, product updates, promotional offers, and additional services. Standard message and data rates may apply. Message frequency varies based on your account activity and engagement.

c) Opt-Out Rights:

You may opt out of text messages at any time by replying "STOP" to any message. Opting out of one communication channel does not automatically opt you out of other channels.

d) Required Communications:

Certain service-related communications are necessary for providing our services and may continue even if you opt out of marketing communications.

17. Severability and Entire Agreement

Severability:

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely approximates the intent of the original provision.

Entire Agreement:

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PeakVis AI regarding the use of our service. These Terms supersede all prior or contemporaneous communications and proposals between the parties.

No Waiver:

Our failure to enforce any provision of these Terms will not be deemed a waiver of that provision or any other provision. No waiver will be effective unless in writing and signed by an authorized representative of PeakVis AI.

18. Assignment and Transfer

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

Contact Us

For any questions or concerns about these Terms and Conditions, please contact us at hellopeakvis@gmail.com