Agreement between User and PeakProfit
Welcome to PeakProfit. The PeakProfit website (the “Site”) is comprised of various web pages operated by G4Capital OÜ, Registry code 16526715, address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 13, 10151. PeakProfit Heartbeat group is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of PeakProfit constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
PeakProfit is an Educational Site
Your use of PeakProfit is subject to PeakProfit Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting PeakProfit or sending emails to PeakProfit constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PeakProfit is not responsible for third party access to your account that results from theft or misappropriation of your account. PeakProfit and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
PeakProfit collects personally identifiable information from children under the age of thirteen. PeakProfit collects this information for the following reason(s): Facebook Pixel tracks data of any user on our website. Users who purchase services through us will have to provide information at checkout, regardless of age. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use PeakProfit only with the permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
PeakProfit may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PeakProfit, and PeakProfit is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PeakProfit is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PeakProfit of the site or any association with its operators.
Certain services made available via PeakProfit are delivered by third party sites and organizations. By using any product, service, or functionality originating from the PeakProfit domain, you hereby acknowledge and consent that PeakProfit may share such information and data with any third party with whom PeakProfit has a contractual relationship to provide the requested product, service, or functionality on behalf of PeakProfit users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use PeakProfit strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to PeakProfit that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PeakProfit or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PeakProfit content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of PeakProfit and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PeakProfit or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
PeakProfit has no obligation to monitor the Communication Services. However, PeakProfit reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PeakProfit reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PeakProfit reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in PeakProfit’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PeakProfit does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, PeakProfit specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PeakProfit spokespersons, and their views do not necessarily reflect those of PeakProfit.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to PeakProfit or Posted on Any PeakProfit Web Page
PeakProfit does not claim ownership of the materials you provide to PeakProfit (including feedback and suggestions) or post, upload, input, or submit to any PeakProfit Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting PeakProfit, our affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PeakProfit is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PeakProfit’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
International Users
The Service is controlled, operated, and administered by PeakProfit from our offices within Estonia. If you access the Service from a location outside Estonia, you are responsible for compliance with all local laws. You agree that you will not use the PeakProfit Content accessed through PeakProfit in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless PeakProfit, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. PeakProfit reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PeakProfit in asserting any available defenses.
Dispute Resolution
These Terms and any dispute or claim arising out of or relating to these Terms, or the breach thereof, which the PeakProfit and User are unable to resolve after good faith negotiations shall be governed and settled under the laws of Estonia.
Complaints and requests shall be directed to the Support Service at ask@peakprofit.app
You will receive a detailed response from our responsible team once the complaint is reviewed but no later than after one month from the date of the complaint submission.
Any dispute or claim arising out of or in connection with these Terms shall be referred to and finally resolved by mediation in Estonia Court.
If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PeakProfit agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PEAKPROFIT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. PEAKPROFIT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PEAKPROFIT AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAKPROFIT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF INSIDEOPTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
PeakProfit reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Estonia, and you hereby consent to the exclusive jurisdiction and venue of courts in Estonia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PeakProfit as a result of this agreement or use of the Site. PeakProfit’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PeakProfit’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PeakProfit with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PeakProfit with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and PeakProfit with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
PeakProfit reserves the right, in its sole discretion, to change the Terms under which PeakProfit is offered. The most current version of the Terms will supersede all previous versions. PeakProfit encourages you to periodically review the Terms to stay informed of our updates.
Refund Policy for Digital Products & Downloadable Assets
Digital products and downloadable assets cannot be returned. Purchases only qualify for refunds in the following situations:
Accidental Duplicate Purchase: If you accidentally purchased two of the same product, we will refund you for the duplicate purchase(s). Contact us at ask@peakprofit.app to initiate the refund process.
Technical Problems: If you encounter a technical issue that customer service cannot resolve, products with technical problems will be eligible for a refund. Sufficient information regarding how the error was created must be provided for eligibility.
We are unable to process refunds in the following situations:
No Longer Needed: If you or your client no longer need the product.
Preference for Another Product: If you found a different product you prefer or changed your mind about your purchase.
Lack of Knowledge: If you realize you don’t know how to use the product.
Accidental Download: If our system shows the product was downloaded, claims of accidental purchase will not be honored.
Contact Information
For any questions or comments regarding this Terms and Conditions, please contact PeakProfit at:
G4Capital OÜ
Registry code 16526715
Address: Harju maakond, Tallinn, Kesklinna linnaosa, Narva mnt 13, 10151 Estonia
Email Address: ask@peakprofit.app
Date of Last Revision: June 06, 2024
©G4Capital OÜ. 2024 All rights reserved.