Terms of Service

Last updated: 3/9/2026

TERMS OF SERVICE

These Terms of Service (“Agreement”) govern your use of the Services (defined below) provided by PeakSend AI LLC (“Company”). By accessing or using the Services—including by submitting payment (via invoice, checkout, or any other method) or by affirmatively agreeing to these Terms (such as by creating an account or submitting a form that references these Terms)—you (“Customer”) agree to be bound by this Agreement and the terms herein. This Agreement includes the order details as specified in the invoice, checkout page, order form, or subscription page (when applicable) and contains, among other things, warranty disclaimers, liability limitations, and use limitations.

SAAS SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, the Company will use commercially reasonable efforts to provide the Customer the Services described in the invoice, checkout page, order form, or subscription page. The Company may also make Additional Services available to the Customer from time to time. The Customer may consent to such Additional Services by providing approval via email, an online opt-in page, or other verifiable methods, and such consent shall be sufficient to include the Additional Services under the terms of this Agreement.

1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with its standard practice.

RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation, or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

2.2 Customer is solely responsible for providing their own leads to be used by the Services and ensuring that all such leads are fully compliant with all applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA), telemarketing laws, privacy laws, and any other relevant regulations. Customer represents, warrants, and covenants that all such leads have provided legally valid consent to receive communications as required by law. The Customer acknowledges that the Services operate as an automated system on their behalf and as their agent, and the Customer is solely responsible for ensuring that all calls or messages made using the Services comply with applicable laws, including restrictions on call timing, content, and frequency. The Customer may request assistance with compliance configurations, including timing restrictions, during onboarding or by emailing the Company at any time. The Customer agrees to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, penalties, or damages resulting from non-compliance with these obligations.

2.3 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.

2.4 Customer shall not use the Services for unlawful, fraudulent, abusive, deceptive, or harassing communications or in violation of applicable telecommunications, marketing, consumer protection, or privacy laws.

CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1 Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical, or financial information relating to the Disclosing Party’s business (“Proprietary Information”). Proprietary Information of Company includes non-public information regarding features, functionality, and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Company to enable the provision of the Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Company will implement and maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction.

3.2 Customer shall own all right, title, and interest in and to the Customer Data. Company shall own and retain all right, title, and interest in and to (a) the Services and Software, all improvements, enhancements, or modifications thereto, (b) any software, applications, inventions, or other technology developed in connection with implementation services or support, (c) all intellectual property rights related to any of the foregoing, and (d) any insights, patterns, or improvements derived from the use of the Services, including anonymized scripts, call flows, and interactions. Company may use such data to improve, train, and enhance the Services in ways that benefit both the Customer and the broader user base, provided that no such use discloses or identifies the Customer or their end users.

PAYMENT OF FEES

4.1 Customer acknowledges and agrees to pay Company the fees described on the applicable checkout page, subscription page, order form, or within the platform for the Services and any Implementation Services (“Fees”). Subscriptions renew automatically on a month-to-month basis unless canceled by the Customer in accordance with Section 5, unless otherwise agreed to in writing between the parties. Recurring subscription charges will be automatically billed to the payment method on file at the beginning of each billing cycle (typically monthly). Subscription plans may include a monthly allotment of usage minutes or prepaid minute packs. Any minutes included with a subscription or prepaid pack must be used within the applicable billing period and do not roll over to subsequent billing cycles.

Customers may purchase additional usage through a prepaid wallet system within the platform. Wallet funds may be added manually by the Customer or automatically through an optional auto top-up feature. Wallet funds represent prepaid usage credits and may roll over between billing cycles unless otherwise specified. If auto top-up is enabled, the Customer authorizes Company to automatically charge the payment method on file to add funds to the wallet when the configured threshold is reached. The first automatic wallet top-up, if enabled, may occur when subscription minutes approach exhaustion or when the system determines that additional wallet funds are required based on usage levels or payment processing timing.

Customers may enable or disable automatic wallet top-ups at any time through their account settings. Manual wallet top-ups may also be performed at any time by the Customer through the platform.

Wallet balances are prepaid service credits, have no cash value, and are non-refundable except where required by law.

If a payment is declined or otherwise fails, Company may, at its discretion, retry the payment method(s) on file using one or more payment processors until the balance is successfully collected. Company reserves the right to suspend or restrict access to the Services, including inbound or outbound usage, if required payments or wallet top-ups are not successfully processed. Company reserves the right to modify Fees, pricing, or usage charges and to introduce new fees upon thirty (30) days’ prior written notice to Customer, which may be provided by email or through the platform. If Customer enters into a separate written order form, enterprise agreement, or negotiated contract with Company, the terms of that agreement will control to the extent of any conflict with this Agreement.

4.2 Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all reasonable expenses of collection. Customer shall be responsible for all taxes associated with the Services other than taxes based on Company’s net income.

4.3 Upon submission of payment, Company will allocate time, personnel, and resources to begin preparing the Services. Customer acknowledges and agrees that all payments made under this Agreement are non-refundable, for any reason, including but not limited to Customer’s decision not to proceed with, utilize, or complete the Services. Cancellation of Services does not entitle Customer to any refund or credit unless otherwise agreed to in writing by Company. This policy applies regardless of Customer’s level of engagement, responsiveness, or provision of requested materials, and is not contingent upon participation in onboarding, training, or delivery sessions. The initiation of internal planning, resource allocation, or preparatory work shall constitute commencement of Services.

4.4 Minute Calculation: Every call—whether answered or unanswered, inbound or outbound—is rounded up to a minimum of one (1) minute. After the first minute, usage is calculated to the nearest millisecond. For example, a 2 minute 30 second call will count as 2.5 minutes used.

4.5 Trial Period and Plan Selection: If a trial is included, the duration, included minutes, and fee for the trial are specified in the invoice or checkout page. Upon delivery of the AI Agent, the trial period begins. If the Customer does not notify the Company in writing of their intent to cancel before the end of the trial period, the Agreement will automatically convert to the applicable subscription plan selected during signup, or another plan specified in the invoice or checkout page. This plan will be billed on a month-to-month basis, with any included minutes and per-minute overages subject to the pricing shown. The Customer may alternatively elect to enroll in a different available subscription plan by notifying the Company in writing prior to or after the trial’s conclusion, and applicable charges will be billed accordingly. Pricing for any subscription plans available after the trial is subject to change. Current subscription pricing is available upon request and may be provided via email or listed on the Company’s website or checkout page.

4.6 Payment Method Surcharge: If payment is made via ACH (Automated Clearing House), no processing fee will be added. If payment is made via credit or debit card, a payment processing fee of up to 2.9% may be applied to the total amount due to cover payment processor fees.

4.7 Customer is solely responsible for the content and legality of all communications initiated through the Services. Company acts solely as a technology platform and does not originate, control, or direct Customer communications.

4.8 Company may impose reasonable usage limits or rate limits to protect the stability and security of the Services.

TERM AND TERMINATION

5.1 This Agreement is billed on a month-to-month basis, unless otherwise agreed to in writing between the parties, and may be canceled at any time by the Customer. Upon cancellation, Services will remain active through the end of the current billing cycle, after which access will be terminated and no further charges will apply. Customer will remain responsible for all Fees incurred through the end of the billing period, including any additional usage beyond the included minute allotment.

5.2 Company may terminate this Agreement upon thirty (30) days written notice to the Customer. Company may terminate this Agreement immediately in the event of suspected fraud, abuse, illegal activity, violation of applicable laws, or material breach of this Agreement. In the event of termination by the Company due to fraud, abuse, illegal activity, or violation of this Agreement, no refunds shall be issued for any unused portion of the Service. In all other cases, the Company will not issue refunds for Services or minutes already used, but may, at its sole discretion, offer partial refunds or credits for any unused portion of the Services.

5.3 Upon any termination, Company will make Customer Data available to Customer for electronic retrieval for a period of thirty (30) days, but thereafter Company may delete stored Customer Data.

WARRANTY AND DISCLAIMER

Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY, COMPANY AND ITS SUPPLIERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. COMPANY’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

MISCELLANEOUS

8.1 This Agreement shall be governed by the laws of the State of Utah. No agency, partnership, joint venture, or employment is created as a result of this Agreement.

8.2 Company may modify the terms of this Agreement at any time. Notice of material changes will be provided to Customer at least thirty (30) days in advance, which may be delivered by email or platform notification. Continued use of the Services after the effective date of any changes constitutes Customer’s acceptance of the updated Agreement.

8.3 If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it enforceable.

8.4 Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Salt Lake County, Utah, and the parties consent to the personal jurisdiction of such courts.

8.5 Company may update, improve, modify, or discontinue features of the Services from time to time in order to maintain or improve functionality, security, or performance.

EXHIBIT A – STATEMENT OF WORK

Initial Setup: If purchased, the Company may configure the Software system to integrate with the Customer’s provided lead data and may assist in configuring AI agents.

Support Setup: The Customer’s account will be preconfigured to enable support requests as outlined in Exhibit C.

EXHIBIT B – SERVICE LEVEL TERMS

Service Availability: Company will use commercially reasonable efforts to maintain reliable service availability and performance consistent with industry standards. While Company does not guarantee uninterrupted operation of the Services, Company continuously monitors system performance and works to promptly address service interruptions.

Scheduled Maintenance: Company may perform scheduled maintenance from time to time and will attempt to provide advance notice where reasonably practicable.

Exclusions: Service interruptions caused by third-party providers, telecommunications carriers, internet service providers, force majeure events, or Customer misuse are outside the control of Company and are not the responsibility of the Company.

EXHIBIT C – SUPPORT TERMS

Support Hours: Technical support is available via email from 9:00 AM to 5:00 PM PST, Monday through Friday, excluding U.S. federal holidays.

Response Times: The Company will respond to all support tickets within one business day. High-priority issues (e.g., service outages) will receive a response within four business hours.

Support Channels: Customers can submit tickets via email at hello@peaksendai.com.

Limitations: Support is limited to troubleshooting the Services and does not include Customer-specific lead or hardware issues.