Terms of Service

1. Acceptance of Terms

By accessing or using the PeakForge website (“Website”) or engaging our services, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all terms and conditions, please do not use our Website or services.

2. Services Overview

PeakForge provides enterprise platform engineering consulting, fractional technology leadership, and cybersecurity advisory services to technology companies. Our services include but are not limited to:

Professional Services Categories:

• Fractional Leadership Services: Strategic Technology Access, Advisory Services (Light through High-Touch), Fractional CTO, and Fractional VP Engineering roles
• Platform Engineering Services: Enterprise readiness assessments, platform architecture optimization, DevSecOps implementation, and scaling infrastructure
• Advisory Board Services: Platform strategy advisory, cybersecurity advisory, and technical due diligence advisory positions
• Assessment & Implementation Services: Technology assessments, security evaluations, AI strategy implementation, and enterprise transformation programs
• Specialized Consulting: International expansion support, M&A technical due diligence, and compliance readiness programs

Service Engagement Terms:

All professional services require execution of a separate Master Services Agreement (MSA) and Statement of Work (SOW) or Advisory Agreement. These Terms govern only Website usage and general business relationship principles.

3. Website Use and Restrictions

You may use this Website to learn about our services, complete assessments, and schedule consultations. You agree not to:

• Misuse, interfere with, or attempt unauthorized access to our systems or data
• Use automated tools to extract content or data from our Website
• Submit false, misleading, or fraudulent information through forms or assessments
• Use the Website for any unlawful, harmful, or competitive intelligence purposes
• Violate any applicable laws or regulations

4. Intellectual Property Rights

Website Content:

All content on this Website, including text, graphics, logos, methodologies, and assessment tools, is the exclusive property of PeakForge and is protected by intellectual property laws.

Service Deliverables:

Ownership of work products, deliverables, and intellectual property created during professional service engagements is governed by the applicable MSA and SOW. Generally:

• Pre-existing intellectual property remains with respective owners
• Custom deliverables and specific recommendations become client property upon full payment
• PeakForge retains rights to general methodologies, frameworks, and know-how
• Detailed IP arrangements are specified in individual service agreements

5. Confidentiality and Data Protection

Mutual Confidentiality:

Both parties acknowledge that confidential information may be shared during Website interactions, assessments, and preliminary discussions. All parties agree to:

• Maintain confidentiality of proprietary and sensitive information
• Use confidential information solely for evaluation and service delivery purposes
• Return or destroy confidential information upon request
• Implement reasonable security measures to protect shared information

This confidentiality obligation survives for a period of three (3) years following the termination of the relationship unless otherwise agreed in writing.

Data Processing:

Our collection and use of personal data is governed by our Privacy Policy. For professional service engagements, data processing terms are detailed in the applicable service agreements.

6. Service Limitations and Disclaimers

Professional Judgment:

Our services involve professional opinions, recommendations, and strategic guidance based on industry experience and best practices. While we provide services with professional care and expertise, we cannot guarantee specific business outcomes or results.

Technology Recommendations:

Technology assessments and recommendations are based on information provided by clients and industry standards at the time of service delivery. Rapid changes in technology may affect the ongoing validity of recommendations.

Third-Party Dependencies:

Some recommendations may involve third-party services, vendors, or technologies. PeakForge is not responsible for the performance, availability, or terms of third-party providers.

Professional Services Limitation:

PeakForge does not provide legal, tax, or financial advice. Clients are responsible for seeking independent counsel in these areas. Our services are limited to technology strategy, platform engineering, and cybersecurity advisory guidance.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Liability Cap:

Our total liability for any claims arising from Website use or professional services shall not exceed the fees paid for services in the 12 months preceding the claim, or $10,000, whichever is greater.

Excluded Damages:

We are not liable for indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, business interruption, or data loss, regardless of the theory of liability.

Website Disclaimer:

The Website is provided “as is” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

8. Indemnification

Client Indemnification:

Clients agree to indemnify and hold PeakForge harmless from claims arising from:

• Client's breach of these Terms or applicable service agreements
• Client's misuse of our recommendations or deliverables
• Client's violation of applicable laws or third-party rights
• Inaccurate or incomplete information provided to PeakForge

PeakForge Indemnification:

Subject to the limitations herein, PeakForge will indemnify clients for direct damages arising from our gross negligence or willful misconduct in service delivery.

9. Payment Terms and Refund Policy

Professional Services:

Payment terms for professional services are specified in individual service agreements. Generally:

• Assessment and fixed-price services require payment upon completion
• Ongoing advisory services are billed monthly in advance
• Fractional leadership roles may include both cash and equity compensation

Refund Policy:

• Completed assessments and delivered services are non-refundable
• Ongoing advisory services may be terminated with 30 days' written notice
• Specific refund terms are detailed in individual service agreements

10. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, cyber attacks, or other events that prevent performance of obligations.

11. Governing Law and Dispute Resolution

Governing Law:

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Dispute Resolution:

Any disputes arising from these Terms or our professional relationship shall be resolved through:

1. Good Faith Negotiation: Direct discussion between parties for 30 days
2. Mediation: If negotiation fails, mediation in San Francisco, California
3. Arbitration: If mediation fails, binding arbitration under American Arbitration Association Commercial Rules

Exceptions:

Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.

12. Termination

Website Access:

We reserve the right to terminate or suspend Website access for violations of these Terms.

Service Relationships:

Professional service relationships are governed by individual agreements and may be terminated according to their specific terms.

Survival:

Provisions regarding confidentiality, intellectual property, limitation of liability, and dispute resolution survive termination.

13. Modifications and Updates

We may modify these Terms periodically to reflect changes in our services, legal requirements, or business practices. Material changes will be communicated through:

• Updated effective date on this page
• Email notification to active service clients
• Website notification for 30 days after changes

Continued use of our Website or services after changes constitutes acceptance of modified Terms.

14. Severability and Integration

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy and any executed service agreements, constitute the complete agreement regarding Website use and general business relationship principles.

15. Contact Information

For questions regarding these Terms or our services:

PeakForge
Email: contact@peakforge.com
Website: https://peakforge.com

For legal notices or disputes:
Email: legal@peakforge.com

These Terms of Service complement but do not replace the specific terms contained in Master Services Agreements, Statements of Work, or Advisory Agreements executed for professional service engagements.