Terms of Service
Effective Date: January 1, 2024
Welcome to Agile Peak Performance (“we,” “our,” “us”). These Terms of Service (“Terms”) govern your use of our services, including our website, applications, and any other products and services provided by us (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Use of Services
1.1 Eligibility You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.
1.2 Account Registration To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
1.3 Prohibited Activities You agree not to:
- Use our Services for any illegal or unauthorized purpose.
- Engage in any activity that interferes with or disrupts the Services or the servers and networks connected to the Services.
- Use any automated means to access the Services, including robots, spiders, or scripts.
- Attempt to gain unauthorized access to any portion of the Services or any other accounts, computer systems, or networks connected to the Services.
- Reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose without our prior written consent.
2. Service Fees and Payment
2.1 Fees By signing up for our Services, you agree to pay the fees specified for the chosen service plan. All fees are non-refundable except as required by law.
2.2 Payment Payments for the Services are due in advance on a monthly basis. You authorize us to charge your payment method on a recurring basis for the agreed-upon fees. If your payment method fails, we may suspend or terminate your access to the Services until payment is received.
3. Intellectual Property
3.1 Ownership We retain all rights, title, and interest in and to the Services, including all related intellectual property rights. These Terms do not grant you any ownership rights in the Services.
3.2 License We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services solely for your internal business purposes and in accordance with these Terms.
4. Confidentiality
4.1 Confidential Information “Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, should reasonably be understood to be confidential. Confidential Information does not include information that is or becomes publicly available without breach of these Terms or that is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.
4.2 Obligations The receiving party agrees to use the Confidential Information only for the purpose of performing its obligations under these Terms and to take reasonable precautions to protect the confidentiality of the Confidential Information.
5. Data Privacy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose your personal information.
6. Warranties and Disclaimers
6.1 Warranties We warrant that the Services will be provided in a professional and workmanlike manner consistent with industry standards.
6.2 Disclaimers Except as expressly provided in these Terms, the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use of or inability to use the Services.
8. Indemnification
You agree to indemnify, defend, and hold harmless Agile Peak Performance, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
9. Termination
9.1 Termination by You You may terminate your account and subscription to the Services at any time by providing written notice to us.
9.2 Termination by Us We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms.
9.3 Effect of Termination Upon termination of your account, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the California, USA, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Sacramento, California.
11. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website before the changes take effect. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes.
12. Contact Information
If you have any questions about these Terms, please contact us:
- Email: info@agilepeakperformance.com
Thank you for choosing Agile Peak Performance. We look forward to helping you automate your business processes with our advanced AI solutions.