A brand of Peak Digital Solutions LLC | Effective Date: April 28, 2026 | Last Updated: June 6, 2026
AGREEMENT TO THESE LEGAL TERMS: We are Peak Reviews, a brand of Peak Digital Solutions LLC ("Company," "we," "us," "our"), a Limited Liability Company registered in the State of Utah, United States. We operate the website at peakreviews.co as well as any related products and services that refer or link to these legal terms (collectively, the "Services"). These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Peak Digital Solutions LLC. BY ACCESSING OR USING OUR SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY. We recommend that you print or save a copy of these Terms for your records.
Table of Contents
1. Definitions
2. Our Services
3. Intellectual Property Rights
4. User Representations
5. User Registration
6. Purchases and Payment
7. Subscriptions and Billing
8. Refund Policy
9. Prohibited Activities
10. User Generated Contributions
11. Contribution License
12. Social Media and Third-Party Accounts
13. Third-Party Websites and Content
14. Services Management
15. Client Responsibilities
16. Messaging Content and Automation
17. Data Use and Storage
18. Third-Party Platforms Disclaimer
19. Service Limitations and No Guarantees
20. SMS and Electronic Communications
21. Privacy Policy
22. Copyright Infringements
23. Modifications and Interruptions
24. Corrections
25. Disclaimer of Warranties
26. Limitation of Liability
27. Indemnification
28. User Data
29. Electronic Signatures and Transactions
30. Termination and Suspension
31. Governing Law and Dispute Resolution
32. California Users and Residents
33. Miscellaneous
34. Referral Program Terms
35. Contact Us
1. Definitions
- "Company," "we," "us," or "our" refers to Peak Reviews, a brand of Peak Digital Solutions LLC, a Utah Limited Liability Company.
- "Client," "you," or "your" refers to any individual or business entity that accesses our website or engages our services.
- "End Customer" refers to an individual or entity who is a customer of the Client and whose contact information is provided to Peak Reviews for the purpose of sending review requests on the Client's behalf.
- "Services" refers to reputation management, review generation, review automation, local search optimization, and any related marketing or consulting services provided by Peak Reviews.
- "Platform" refers to any software, tools, or systems used by Peak Reviews to deliver its services, including third-party platforms such as GoHighLevel and Google.
- "Customer Data" refers to any contact information, customer lists, or data provided by the Client for use in delivering our services.
- "Contributions" refers to any content, feedback, or materials you submit to us or post through our services.
- "Agreement" refers to these Terms and Conditions together with any service agreement, proposal, or invoice entered into between the Company and the Client.
- "Applicable Laws" refers to all laws, statutes, regulations, and rules applicable to the Client and Peak Reviews, including without limitation TCPA, CAN-SPAM Act, CCPA, GDPR, and CASL.
2. Our Services
Peak Reviews provides reputation management and digital marketing services for local businesses, including but not limited to:
- Automated review requests via SMS and email to End Customers on Client's behalf
- Google review generation and reputation monitoring
- Local search ranking improvement and optimization
- Reputation reporting, dashboards, and analytics
- Review response management where applicable
- System integrations with Google Business Profile, CRM systems, and social media accounts
- Repurposing reviews for marketing and social media content where agreed
- Any additional digital marketing or consulting services as agreed upon in writing
The information provided through our services is not intended for distribution or use in any jurisdiction where such use would be contrary to law. Persons who access our services from other locations do so on their own initiative and are solely responsible for compliance with applicable local laws.
3. Intellectual Property Rights
3.1 Our Intellectual Property
We are the owner or licensee of all intellectual property rights in our services, including all source code, databases, functionality, software, website designs, text, graphics, logos, and trademarks (collectively, the "Content" and "Marks"). Our Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and worldwide. Content and Marks are provided through our services for your internal business purposes only.
3.2 Your License to Use Our Services
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access our services and download or print content solely for your internal business purposes. No part of our services or content may be copied, reproduced, republished, uploaded, publicly displayed, translated, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission. Any breach of these intellectual property rights will constitute a material breach of these Terms and your right to use our services will terminate immediately.
3.3 Your Content and Data
You retain ownership of all content, data, and materials you provide to us. By providing such materials, you grant Peak Reviews a limited, non-exclusive license to use them solely for the purpose of delivering our services to you.
3.4 Submissions and Feedback
By sending us any question, comment, suggestion, idea, or feedback about our services, you agree to assign to us all intellectual property rights in such submission. We shall own this submission and be entitled to its unrestricted use for any lawful purpose without acknowledgment or compensation to you.
4. User Representations
By using our services, you represent and warrant that:
- All registration information you submit is true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update it as necessary
- You have the legal capacity and agree to comply with these Terms
- You are not a minor in the jurisdiction in which you reside — you must be at least 18 years of age
- You will not access our services through automated or non-human means, whether through a bot, script, or otherwise
- You will not use our services for any illegal or unauthorized purpose
- Your use of our services will not violate any applicable law or regulation
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of our services.
5. User Registration
You may be required to create an account to use our services. You agree to keep your password and account credentials confidential and will be solely responsible for all use of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you are entering into this Agreement on behalf of a business or legal entity, you represent that you have the authority to bind that entity to these Terms.
6. Purchases and Payment
6.1 Accepted Payment Methods
We accept the following forms of payment: Visa, Mastercard, American Express, Discover, and ACH bank transfers where applicable. All payments are processed in US dollars.
6.2 Payment Authorization
You agree to provide current, complete, and accurate payment and account information for all purchases. You authorize us to charge your chosen payment method for all applicable fees. You agree to promptly update your payment method, including card expiration dates, to ensure successful transactions. We reserve the right to correct any pricing errors even if payment has already been received.
6.3 Price Changes
We may change our prices at any time. We will communicate any price changes to you in accordance with applicable law and with reasonable advance notice. Continued use of the services after a price change constitutes acceptance of the new pricing.
6.4 Late Payments
If any payment is not received by its due date, we reserve the right to suspend or terminate services until payment is received. A late fee of up to $25 may be charged for payments not received within five business days of the due date.
6.5 Taxes
Sales tax will be added to purchases as required by applicable law. You are responsible for any applicable sales, use, or other taxes arising from your purchase of our services, except for taxes based solely on our net income.
7. Subscriptions and Billing
7.1 Automatic Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel. The length of your billing cycle will depend on the subscription plan you selected.
7.2 Cancellation
You may cancel your subscription at any time by providing written notice to [email protected] at least 7 days before your next billing date. Cancellations must be initiated by the verified account owner. Your cancellation will take effect at the end of the current paid billing term. You will continue to have access to services through the end of the paid period. If you are unsatisfied with our services, please contact us at [email protected] before cancelling so we can attempt to resolve the issue.
7.3 Fee Changes
We may make changes to our subscription fees from time to time and will provide reasonable advance notice of any price changes.
8. Refund Policy
Due to the nature of digital marketing and reputation management services, all sales are generally final. We do not offer refunds for services already delivered or for monthly subscription fees once a billing period has begun.
We do not guarantee specific results such as a minimum number of reviews, a specific star rating, or a specific ranking position. Results vary based on your industry, location, customer base, and factors outside our control including third-party platform algorithm changes.
If you believe you were charged in error, please contact us at [email protected] within 7 days of the charge. Refund requests will be evaluated on a case-by-case basis at our sole discretion. If Peak Reviews terminates your services for convenience with 30 days notice, any prepaid fees covering the period after termination will be refunded on a prorated basis.
9. Prohibited Activities
You may not access or use our services for any purpose other than those for which we make them available. As a user of our services, you agree not to:
- Generate fake, fraudulent, or incentivized reviews in violation of Google's policies, FTC guidelines, or any applicable law
- Send review requests to individuals who have not consented to receive communications from you
- Upload customer contact data collected without proper legal consent
- Re-add any End Customer who has opted out of communications
- Trick, defraud, or mislead us or other users, especially to learn sensitive account information
- Circumvent, disable, or otherwise interfere with security-related features of our services
- Systematically retrieve data from our services to create or compile a database or directory without written permission
- Use our services in a manner inconsistent with any applicable laws or regulations including TCPA and CAN-SPAM
- Upload or transmit viruses, Trojan horses, or other harmful material that interferes with our services
- Engage in any automated use of the system such as using scripts or data mining tools without our permission
- Attempt to impersonate another user or person
- Use our services to harass, abuse, intimidate, or threaten any person
- Disparage, tarnish, or otherwise harm us or our services
- Use our services as part of any effort to compete with us
- Attempt to bypass any security measures of our services
- Copy, decompile, disassemble, or reverse engineer any software comprising our services
- Use a buying agent or purchasing agent to make purchases on our services
- Sell or otherwise transfer your account or profile
- Resell or sublicense our services without our written consent
- Use our services for any unlawful, misleading, or abusive purposes
Generating fake reviews is a violation of FTC guidelines and Google's terms of service and may be illegal. Peak Reviews exists to help businesses collect genuine reviews from real customers who have had actual experiences with their business.
10. User Generated Contributions
Our services may invite you to submit content, feedback, testimonials, or other materials ("Contributions"). When you create or make available any Contributions, you represent and warrant that:
- Your Contributions do not infringe the intellectual property rights of any third party
- You are the creator and owner of, or have the necessary rights and permissions to submit, your Contributions
- Your Contributions are not false, inaccurate, or misleading
- Your Contributions are not unsolicited advertising, spam, pyramid schemes, or other forms of solicitation
- Your Contributions do not contain obscene, harassing, defamatory, or otherwise objectionable content
- Your Contributions do not violate any applicable law, regulation, or rule
- Your Contributions do not violate the privacy or publicity rights of any third party
Any violation of the foregoing may result in termination or suspension of your rights to use our services.
11. Contribution License and Marketing Rights
By posting Contributions or making them accessible through our services, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, copy, reproduce, distribute, publish, reformat, translate, and otherwise exploit your Contributions for any purpose, commercial or otherwise, in connection with operating and promoting our services.
You retain full ownership of all your Contributions and any associated intellectual property rights. We do not assert ownership over your Contributions.
Marketing and Case Study Rights
By using our services, you grant Peak Reviews permission to use your business name, logo, publicly available reviews and testimonials, and general performance results obtained through our services for marketing and promotional purposes. This may include website case studies, marketing materials, advertisements, presentations, and social media content. If you prefer not to have your business included in any marketing materials, you may request removal by contacting [email protected] and we will make commercially reasonable efforts to honor such requests going forward.
12. Social Media and Third-Party Account Integrations
As part of our services, you may connect third-party accounts such as your Google Business Profile, social media accounts, or CRM systems ("Third-Party Accounts"). By connecting a Third-Party Account, you represent that you are entitled to grant us access without breaching the terms of those accounts. You understand that we may access and use content stored in those accounts solely to provide the services you have requested. Your relationship with third-party service providers is governed solely by your agreements with those providers. You can disconnect integrations at any time by notifying us or through your account settings.
13. Third-Party Websites and Content
Our services may contain links to third-party websites or content. Such third-party websites and content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any third-party websites accessed through our services. Inclusion of or linking to any third-party websites does not imply our approval or endorsement. If you choose to access third-party websites, you do so at your own risk and our Terms no longer govern. Any purchases made through third-party websites are exclusively between you and the applicable third party.
14. Services Management
We reserve the right, but not the obligation, to: (1) monitor the services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms; (3) refuse, restrict access to, limit the availability of, or disable any of your Contributions or account; (4) remove from the services or otherwise disable all files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the services in a manner designed to protect our rights and facilitate the proper functioning of our platform.
15. Client Responsibilities
15.1 Accurate Information
You agree to provide accurate, current, and complete information about your business. You are responsible for keeping this information up to date and notifying us promptly of any changes.
15.2 Customer Data and Consent
You must have explicit permission from each End Customer before Peak Reviews sends them any SMS or email communication. Prior to providing any End Customer contact information to us, you will have obtained all legally required consents to contact those individuals. You represent and warrant that:
- You have obtained all required permissions, consents, and legal authority to contact those individuals via SMS, email, or other electronic communications
- Your customer data was collected in compliance with all applicable laws including CAN-SPAM, TCPA, CCPA, GDPR, CASL, and any applicable state privacy laws
- You will not provide us with contact information for individuals who have opted out of communications
- You are solely responsible for the legal compliance of your customer data collection and use
Peak Reviews does not independently verify how customer contact information was obtained. You accept full legal responsibility for the legality of your customer data. Any legal claims, fines, or penalties arising from unlawfully obtained customer data are your sole responsibility and you agree to indemnify Peak Reviews against any such claims.
15.3 Compliance with Applicable Laws
You are responsible for ensuring that your use of our services complies with all applicable laws in your industry and jurisdiction. While Peak Reviews provides tools and templates, you must ensure the actual use of those tools meets all legal standards. You are strongly encouraged to consult your own legal counsel regarding your specific compliance obligations.
15.4 Google Business Profile and Platform Access
Where applicable, you agree to provide Peak Reviews with appropriate access to your Google Business Profile and other necessary platforms. You retain ownership and full control of all your business profiles at all times. You are responsible for maintaining the continuity of all integrations and keeping credentials and API keys current. Peak Reviews is not responsible for service interruptions caused by expired or disconnected integrations.
15.5 Timely Communication
You agree to respond to reasonable requests for information, approvals, or feedback in a timely manner. Delays caused by your failure to respond may affect our ability to deliver services on schedule and do not entitle you to refunds or service credits.
16. Messaging Content and Automation
16.1 Authorization to Send on Client's Behalf
By using our services, you authorize Peak Reviews to send SMS messages, emails, and other electronic communications to your End Customers on your behalf. These messages will appear to come from your business using the sender identity information you provide during setup.
16.2 Default Scripts and Cadence
Peak Reviews uses pre-approved message templates and a standard messaging cadence for review requests. By not modifying these defaults, you are giving approval for their use on your behalf. All default messages are crafted to be professional, effective, and compliant with general communication standards.
16.3 Client Customization
You have the ability to customize message content, timing, follow-up frequency, and communication channels through your account settings. You bear full responsibility for any custom message content you create and must ensure that all modifications comply with applicable laws.
16.4 Content Responsibility
Whether using default or customized messages, you are responsible for the content of all review request messages sent through our services. Peak Reviews is a neutral transmitter of content and is not liable for any issues arising from the content of messages, including any claims that messages were misleading, unsolicited, or otherwise in violation of any law.
16.5 Opt-Out Handling
Peak Reviews will make reasonable efforts to honor standard opt-out requests from End Customers. For example, if an End Customer replies "STOP" to an SMS, the system will flag that number to prevent further texts. However, ultimate compliance with opt-out requests is your responsibility. You must not re-add any End Customer who has opted out.
16.6 No Liability for Message Outcomes
Peak Reviews does not guarantee that End Customers will positively receive or act upon any message. We are not liable for any outcomes of messages beyond sending them as instructed. You accept the inherent risk that soliciting reviews may occasionally result in negative feedback.
17. Data Use and Storage
Peak Reviews securely stores Client account data and related information for as long as reasonably necessary to provide services, comply with legal obligations, or maintain legitimate business interests. When a Client cancels their account, Peak Reviews does not automatically delete Client data in order to allow for easy reactivation and access to historical information. However, Clients may submit a written request to permanently delete all personal and account data from our systems. Upon receipt of such a request, Peak Reviews will take reasonable steps to permanently erase or anonymize the Client's data in accordance with applicable laws and our data retention policies.
If required under applicable law such as GDPR, these Terms, together with our Privacy Policy, will serve as a Data Processing Agreement governing Peak Reviews' processing of personal data on behalf of the Client.
18. Third-Party Platforms Disclaimer
Peak Reviews integrates with and works alongside third-party platforms including Google, social media networks, and review platforms to deliver our services. These platforms operate independently under their own terms of service and may change their policies, features, or algorithms at any time without notice to us or to you.
Peak Reviews cannot guarantee the visibility, permanence, ranking, or continuation of any reviews, business listings, or content on third-party platforms. Google and other platforms may remove, filter, or modify reviews at their sole discretion. Any such actions by third-party platforms do not entitle you to a refund or service credit. Peak Reviews is not affiliated with, endorsed by, or officially connected to Google or any third-party review platform.
By using our services, you acknowledge and accept that:
- Third-party platforms may change their review policies, APIs, or algorithms at any time
- Reviews generated through our services may be filtered or removed by the platform
- Changes to third-party platform policies that affect our service are outside our control
- Third-party platform fees, if any, are your responsibility and not covered by your Peak Reviews subscription
19. Service Limitations and No Guarantees
Peak Reviews does not and cannot guarantee any specific results from our services. We make no promise regarding the number of reviews that will be obtained, the content or star ratings of those reviews, or any improvement in your online reputation or business performance. End Customers retain full discretion on whether to respond to a review request and what feedback to provide.
Peak Reviews does not practice "review gating" — we do not selectively send review invitations only to customers likely to leave positive reviews. All End Customers provided by you are treated equally in the solicitation process. You should be prepared to receive honest feedback that could be positive or negative.
Service availability may be affected by occasional maintenance, technical issues, or outages. Additionally, service performance can be influenced by third-party systems including telecommunications carriers, email providers, and third-party API availability. Peak Reviews will make commercially reasonable efforts to ensure high availability but does not guarantee uninterrupted service.
20. SMS and Electronic Communications
20.1 Consent Obligations
You represent and warrant that you have obtained all necessary consents from your End Customers to receive SMS and email communications in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable state and international laws. For End Customers of Clients, consent must be obtained through documented opt-in methods including but not limited to website forms with explicit SMS consent checkboxes, verbal consent recorded at point of service, or written authorization. Clients are required to maintain records of all consent obtained. You accept full legal responsibility for compliance with these laws with respect to your customer data.
20.2 Opt-Out Instructions
All SMS communications include opt-out instructions. End Customers can reply STOP to any SMS message to unsubscribe. End Customers may reply HELP at any time to receive assistance information. A confirmation message may be sent upon opting out. We will honor all opt-out requests promptly. You agree not to re-add any End Customer who has opted out.
20.3 Message Frequency
Peak Reviews may send SMS messages to prospective business clients regarding our reputation management services. These messages are sent no more than 2–3 times per outreach sequence per contact. All recipients may reply STOP at any time to opt out of further communications. Reply HELP for assistance.
20.4 Message and Data Rates
Message and data rates may apply to SMS messages sent or received. Rates are determined by the recipient's carrier and mobile plan. Neither Peak Reviews nor the Client is responsible for such carrier charges to End Customers.
20.5 Prohibited SMS Content
You may not use our platform to send spam, unsolicited messages, misleading communications, or any content that violates applicable laws or the terms of service of any messaging platform.
20.6 Electronic Communications Consent
By using our services and communicating with us electronically, you consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS.
21. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy at peakreviews.co/privacy-policy. By using our services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference. Our services are hosted in the United States. If you access our services from any other region with laws governing personal data collection that differ from U.S. law, your continued use constitutes your consent to have your data transferred to and processed in the United States.
22. Copyright Infringements
We respect the intellectual property rights of others. If you believe that any material available through our services infringes upon any copyright you own or control, please notify us immediately using the contact information provided at the end of these Terms. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a copyright notification. If you are not sure that material located on or linked to by our services infringes your copyright, we recommend consulting an attorney first.
23. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of our services at any time or for any reason at our sole discretion without notice. We have no obligation to update any information on our services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the services.
We cannot guarantee our services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use our services during any downtime or discontinuance. Nothing in these Terms obligates us to maintain or support the services or to supply any corrections, updates, or releases.
24. Corrections
There may be information on our services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time without prior notice.
25. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY; OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR MADE AVAILABLE VIA THE SERVICES.
We do not guarantee any specific results from our services including a specific number of reviews, a specific star rating, a specific search ranking, or a specific increase in revenue or customers.
26. Limitation of Liability
IN NO EVENT WILL WE OR OUR MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) $500.00 USD.
In no event shall either party be liable for any punitive or exemplary damages, lost profits, lost revenue, lost business opportunity, loss of goodwill or reputational harm, loss of data, cost of substitute services, damages arising from third-party actions, or regulatory fines or government action, regardless of whether the damages were foreseeable.
Attorney's Fees
In any dispute, action, or proceeding arising from these Terms or use of the services — whether in arbitration, court, or otherwise — the prevailing party shall be entitled to recover all reasonable attorneys' fees, expert fees, court costs, and other expenses incurred in resolving the dispute.
27. Indemnification
You agree to defend, indemnify, and hold harmless Peak Digital Solutions LLC and its members, officers, employees, and agents from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
- Your Contributions or content you submit through our services
- Your use of our services
- Breach of these Terms or your representations and warranties
- Customer data you provided that was collected without proper consent
- Any violation of applicable law including TCPA, CAN-SPAM, or privacy laws
- Any claims by your End Customers arising from communications sent on your behalf
- Your violation of the rights of any third party including intellectual property rights
- Any overt harmful act toward any other user of our services
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will use reasonable efforts to notify you of any such claim upon becoming aware of it.
28. User Data
We will maintain certain data you transmit to our services for the purpose of managing the performance of the services and your use thereof. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using our services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption.
29. Electronic Signatures and Transactions
Visiting our services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You waive any rights or requirements under any statutes, regulations, or laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records.
30. Termination and Suspension
30.1 Termination by Client
You may cancel your services at any time by providing written notice to [email protected] at least 7 days before your next billing date. Upon cancellation, you will retain access through the end of your current paid period. It is your responsibility to export or back up any data you wish to retain before your account closes.
30.2 Termination or Suspension by Peak Reviews
We reserve the right to immediately terminate or suspend your access to our services without prior notice or liability if you: violate any provision of these Terms; fail to make timely payments; engage in prohibited activities; use the services in any manner that violates applicable law; pose a security risk to our platform; or if required by law or government authority. If your account is terminated for any reason, you are prohibited from registering a new account without our express written permission.
30.3 Termination for Convenience
Peak Reviews reserves the right to terminate your services for convenience with at least 30 days advance written notice. In such cases, any prepaid fees covering the period after the termination effective date will be refunded on a prorated basis.
30.4 Effect of Termination
Upon termination, all licenses granted to you under these Terms will immediately cease. Peak Reviews will stop all scheduled or automated communications to End Customers on your behalf. No refund will be issued if your account is terminated for cause. Provisions of these Terms that by their nature should survive termination will continue in effect, including payment obligations, intellectual property, disclaimer of warranties, limitation of liability, indemnification, and governing law.
30.5 Reactivation
If your account was suspended for a remediable reason such as non-payment, you may contact us to discuss reactivation once the issue is resolved. Peak Reviews is under no obligation to reactivate an account and may charge a reactivation fee at its discretion.
31. Governing Law and Dispute Resolution
31.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles.
31.2 Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us at [email protected] and attempt to resolve any dispute informally. We will make reasonable efforts to resolve disputes within 30 days of receiving written notice.
31.3 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or our services shall be finally resolved by binding arbitration — not by court proceedings. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or if the AAA is unavailable, by JAMS under its Comprehensive Arbitration Rules. Arbitration details: one arbitrator; location: Salt Lake County, Utah; each party bears its own attorneys' fees unless the arbitrator awards them to the prevailing party; the arbitrator may not award punitive or exemplary damages. The arbitration award is final and binding and may be enforced in any court of competent jurisdiction. Disputes involving less than $1,000 may be resolved by small claims court if either party elects. BY USING OUR SERVICES, YOU ARE WAIVING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.
31.4 Class Action Waiver
YOU AGREE THAT ANY ARBITRATION OR COURT PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in a class action, collective action, or representative action, or to consolidate your claims with claims of other parties. If this class action waiver is found unenforceable, the entire arbitration clause becomes unenforceable and disputes will be resolved in courts of competent jurisdiction in Salt Lake County, Utah.
32. California Users and Residents
If any complaint with us is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
33. Miscellaneous
Entire Agreement
These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Peak Digital Solutions LLC regarding our services and supersede all prior negotiations, agreements, and understandings.
Severability
If any provision of these Terms is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. All other provisions remain in full force and effect.
No Waiver
No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right. To be effective, any waiver by Peak Reviews must be in writing and signed by an authorized representative.
Assignment
You may not assign or transfer any rights or obligations under these Terms to any third party without our prior written consent. Any attempted assignment in violation of this provision is null and void. Peak Reviews may freely assign its rights and obligations in connection with a merger, acquisition, or sale of assets.
Relationship of Parties
The relationship between Peak Reviews and the Client is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, franchise, or agency relationship. Neither party has the authority to bind the other without express prior written consent.
Force Majeure
Peak Reviews shall not be liable for any delay or failure to perform its obligations under these Terms if caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, terrorism, civil unrest, Internet or telecommunications outages, power failures, fire, or epidemics or pandemics. This provision does not excuse your obligation to pay for services already provided.
Third-Party Beneficiaries
These Terms are entered into solely between you and Peak Digital Solutions LLC. No third party — including any End Customer, employee, contractor, or affiliate — has any rights, benefits, or remedies under these Terms. End Customers have no ability to enforce these Terms against Peak Reviews or the Client.
Notices
Any notices to you will be given to the email address associated with your account. Notices to Peak Reviews should be sent to [email protected]. Notices sent by email will be deemed given when sent to a confirmed email address.
34. Referral Program Terms
Peak Reviews may offer referral rewards or promotional incentives from time to time. Unless otherwise stated in writing, referral rewards are only issued when both the referring client and the referred business become active paying subscribers in good standing at the time the reward is issued. Referral rewards are not available for trial accounts, inactive accounts, paused accounts, or accounts with overdue balances. Self-referrals are not permitted. Businesses operating under the same ownership, brand, corporate group, or parent company are not eligible to refer one another. Peak Reviews reserves the right to deny, revoke, or reverse any referral reward if determined to be fraudulent or in violation of these Terms. Peak Reviews may modify, suspend, or terminate the referral program at any time without prior notice.
35. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
Business Name: Peak Reviews — A Brand of Peak Digital Solutions LLC
