PeakIntegrity.co Terms of Service 

Effective Date: June 1, 2021
Last Updated: February 19, 2026

These Terms of Service ("Terms") govern (a) your access to and use of the website located at PeakIntegrity.co (the "Site"), and (b) any consulting, advisory, and related professional services provided by Peak Integrity LLC, a North Carolina limited liability company ("Peak Integrity," "we," "us," or "our").

By accessing or using the Site, or by engaging us for Services (defined below), you ("you" or "Client") agree to be bound by these Terms. If you do not agree, do not use the Site or engage our Services.

Important: If you execute a separate written agreement with us (such as a Master Services Agreement, Statement of Work, or Engagement Letter), that agreement may control over these Terms to the extent of any conflict.

For purposes of these Terms:

· "Client" means the person or entity that engages Peak Integrity for Services or uses the Site on behalf of an organization.

· "Services" means technology consulting, AI advisory, cybersecurity and risk advisory, strategy, assessments, recommendations, implementation support, training, workshops, documentation, and related professional services, as described on the Site or in an applicable order form, statement of work ("SOW"), or engagement letter.

· "Deliverables" means written materials, reports, plans, presentations, diagrams, templates, configurations, project artifacts, and other work product we provide to Client as part of the Services, as identified in an SOW or similar document.

· "Client Data" means information, data, content, materials, and systems access provided by Client or Client’s users in connection with the Services.

· "Confidential Information" means non-public information disclosed by either party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.

· "Intellectual Property" or "IP" means all intellectual property rights, including copyrights, trademarks, trade secrets, patents, and other proprietary rights.

· "Pre-Existing Materials" means tools, templates, methodologies, software, scripts, frameworks, know-how, and materials owned or developed by a party before the engagement or developed independently of the engagement.

· "Third-Party Services" means software, platforms, APIs, cloud providers, or other services not owned by Peak Integrity that may be used or recommended in connection with the Services.

· "AI Outputs" means content, recommendations, analyses, code, or other outputs created or assisted by artificial intelligence tools during the Services, if applicable.

Our Services are advisory and consulting in nature. We provide professional guidance, analysis, and recommendations based on information available at the time. You acknowledge that outcomes depend on many factors outside our control, including your implementation decisions, internal processes, personnel, third-party vendors, data quality, and business conditions.

We do not guarantee specific results, performance improvements, cost savings, security outcomes, compliance outcomes, or business outcomes unless expressly stated in a signed written agreement.

AI systems and related technologies evolve rapidly and may involve inherent risks, including inaccurate outputs, model drift, bias, security vulnerabilities, regulatory changes, and unforeseen operational impacts. You acknowledge that AI-related recommendations and AI Outputs may require independent validation, testing, and governance prior to production use.

Unless expressly agreed in writing, Peak Integrity does not provide legal, tax, accounting, insurance, or investment advice, and we are not acting as your attorney or fiduciary. You are responsible for obtaining appropriate professional advice for legal and regulatory matters.

If you engage our Services, the specific scope, timeline, fees, and Deliverables will be set forth in an SOW, engagement letter, or other written document. If there is a conflict between these Terms and an SOW, the SOW controls for that engagement.

You may use the Site for lawful purposes and in accordance with these Terms. You agree not to:

· Violate any applicable law or regulation;

· Attempt to gain unauthorized access to the Site, systems, or networks;

· Interfere with the operation or security of the Site;

· Use the Site to transmit malicious code, spam, or harmful content;

· Scrape, harvest, or collect information from the Site without permission.

All Site content is provided for general informational purposes and may be updated without notice. The Site does not create a client relationship unless and until an engagement is agreed in writing.

To enable us to perform Services effectively, you agree to:

· Provide accurate, complete, and timely information and access reasonably required for the Services;

· Assign a primary point of contact and ensure stakeholders are available for decisions;

· Provide timely feedback, approvals, and responses;

· Ensure you have rights to share Client Data with us and that doing so does not violate third-party rights or obligations;

· Maintain appropriate backups, security controls, and internal approvals for implementation activities, unless otherwise agreed.

Delays or additional costs caused by unmet responsibilities may result in timeline changes and/or additional fees.

As between the parties, Client retains ownership of Client Data. You grant Peak Integrity a limited, non-exclusive, worldwide license to use Client Data solely to perform the Services.

Peak Integrity retains all rights in its Pre-Existing Materials, including our methodologies, frameworks, templates, tools, and know-how. Unless otherwise agreed in writing, any Peak Integrity Pre-Existing Materials provided to you are licensed, not sold.

Unless otherwise specified in an SOW:

· Client will own the specific Deliverables created uniquely for Client and identified as Deliverables in the SOW, excluding Peak Integrity Pre-Existing Materials incorporated into them.

· Peak Integrity grants Client a non-exclusive, perpetual, worldwide license to use Peak Integrity Pre-Existing Materials embedded in Deliverables solely for Client’s internal business purposes.

Nothing in these Terms prevents Peak Integrity from using general knowledge, skills, and experience (including ideas and know-how retained in unaided memory) gained during an engagement, so long as we do not disclose Client Confidential Information.

Deliverables may include or depend on Third-Party Services, third-party content, or open-source components subject to separate terms. You are responsible for complying with those terms.

Each party agrees to:

· Protect the other party’s Confidential Information using reasonable care;

· Use Confidential Information only to perform obligations or exercise rights under these Terms or an SOW;

· Not disclose Confidential Information to any third party except as permitted below.

Confidential Information may be disclosed to a party’s employees, contractors, and advisors who have a need to know and are bound by confidentiality obligations at least as protective as these Terms.

Confidential Information does not include information that is:

· Publicly available through no fault of the receiving party;

· Rightfully received from a third party without breach of obligations;

· Independently developed without use of the other party’s Confidential Information;

· Approved for release in writing by the disclosing party.

If required by law, subpoena, or court order to disclose Confidential Information, the receiving party will (to the extent permitted) provide prompt notice and cooperate in seeking protective measures.

We may collect and process personal information through the Site and during Service delivery. Our practices are described in our [Privacy Policy URL or “Privacy Policy”], which is incorporated by reference.

Each party will comply with applicable data protection and privacy laws and regulations that apply to their role (controller/business vs. processor/service provider), which may vary by jurisdiction.

Where required and applicable, the parties may execute additional terms (such as a data processing addendum) addressing privacy and security obligations for personal data.

We use reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Services and data involved. However, no system can be guaranteed 100% secure. You are responsible for your own security controls, access management, and safe implementation practices.

Fees are as stated in the applicable SOW, engagement letter, proposal, or invoice. Unless otherwise specified, fees are exclusive of taxes.

Unless otherwise stated in writing:

· Invoices are due Net 15 days from invoice date.

· Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate allowed by law.

· You are responsible for reasonable collection costs, including attorneys’ fees, if we must take action to collect overdue amounts.

If pre-approved in writing, Client will reimburse reasonable out-of-pocket expenses (travel, lodging, etc.). Any expense caps should be set forth in the SOW.

If payment is overdue, we may suspend Services after providing notice and a reasonable opportunity to cure, as permitted by law and any applicable SOW.

Each party represents that it has the authority to enter into these Terms.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, SERVICES, AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Site will be uninterrupted or error-free, or that any Deliverables or AI Outputs will be complete, accurate, or suitable for a specific purpose without validation by Client.

TO THE FULLEST EXTENT PERMITTED BY LAW:

· IN NO EVENT WILL PEAK INTEGRITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

· PEAK INTEGRITY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SITE, SERVICES, OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO PEAK INTEGRITY FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE [6] MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY.

Some jurisdictions do not allow certain limitations. In that case, liability will be limited to the maximum extent permitted by law.

Client agrees to indemnify, defend, and hold harmless Peak Integrity and its members, managers, employees, and contractors from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

· Client Data or Client’s use of the Deliverables, Site, or Services;

· Client’s implementation decisions or modifications of Deliverables;

· Client’s violation of law or third-party rights;

· Client’s breach of these Terms.

These Terms apply while you use the Site and, if you engage Services, for the duration of the engagement as stated in the SOW.

Unless otherwise stated in an SOW, either party may terminate an engagement for convenience with [30] days written notice.

Either party may terminate immediately upon written notice if the other party materially breaches these Terms or an SOW and fails to cure within [15] days after notice.

Upon termination:

· Client will pay for Services performed and approved expenses incurred through the termination effective date.

· Each party will return or destroy the other’s Confidential Information upon request, subject to legal retention requirements.

· Any licenses granted to Client for Deliverables remain subject to full payment of fees.

Sections intended to survive (including IP, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive termination.

Before initiating formal proceedings, the parties agree to attempt good-faith resolution by executive discussion within [30] days of written notice of the dispute.

If not resolved, the parties agree to attempt non-binding mediation through a mutually agreed mediator in Charlotte, NC, unless the parties agree otherwise.

If mediation is unsuccessful, any dispute arising out of or relating to these Terms or Services will be resolved by binding arbitration administered by AAA / JAMS under its applicable rules. The arbitration will occur in Charlotte, NC and will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Exception: Either party may seek injunctive relief in court to protect Confidential Information or IP rights.

These Terms are governed by the laws of North Carolina, United States, without regard to conflict of law principles.

Neither party will be liable for delays or failures to perform due to events beyond its reasonable control, including acts of God, natural disasters, labor disputes, internet or cloud provider outages, cyberattacks, governmental actions, or utility failures, provided the affected party uses reasonable efforts to mitigate impact.

We may update these Terms from time to time. If we make material changes, we will provide notice by updating the "Last Updated" date and, where appropriate, by posting a notice on the Site or sending an email to the address associated with your account or engagement.

Your continued use of the Site or Services after the effective date of updated Terms constitutes acceptance of the updated Terms.

These Terms, together with any SOW, engagement letter, and referenced policies (including the Privacy Policy), constitute the entire agreement between you and Peak Integrity regarding the Site and Services, superseding prior discussions.

If any provision is held unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver of any term will be deemed a further or continuing waiver. A waiver must be in writing and signed by the waiving party.

Client may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

The parties are independent contractors. Nothing creates a partnership, joint venture, employment, or agency relationship.

Notices must be provided in writing and delivered by personal delivery, certified mail (return receipt), or recognized courier to the addresses listed below (or updated by notice). Email may be used for operational communications, but legal notice requirements may be subject to state law and your SOW.

Peak Integrity (Legal Notices and Support)

· Legal Name: Peak Integrity LLC

· Email: legal@peakintegrity.co

· Support Email: support@peakintegrity.co