Terms and Conditions

1. Acceptance of Terms

By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

2. Description of Services

Peak PREformance provides personalized coaching services that integrate with wearable devices and health tracking applications. Our Services include, but are not limited to:

• Personalized coaching recommendations based on your health and activity data
• Integration with third-party wearable devices and health applications
• Communication tools to interact with your assigned coach
• Analytics and insights related to your fitness and wellness goals

3. User Accounts

• You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
• You must notify us immediately of any unauthorized use of your account or any other breach of security.

4. Payment Terms

• If you purchase a subscription or paid service, you agree to pay all fees associated with your selected plan.
• Subscription fees are billed in advance on a recurring basis (monthly or annually) as selected by you.
• All fees are non-refundable except as required by law or as explicitly stated in our refund policy.
• We reserve the right to change our pricing with reasonable notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.
• You are responsible for any taxes applicable to your use of the Services.

5. Intellectual Property

The Services, including all content, features, functionality, software, and materials, are owned by Peak PREformance, LLC and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services without our prior written consent.

6. User Conduct

You agree not to:

• Use the Services for any illegal purpose or in violation of any applicable laws
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Upload or transmit any viruses, malware, or other harmful code
• Collect or harvest any information from other users without their consent
• Use automated systems (bots, scrapers, etc.) to access the Services without our written permission

7. Third-Party Integrations

Our Services may integrate with third-party wearable devices, applications, and services. Your use of such third-party services is subject to their respective terms and conditions and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services. Integration with third-party services is at your own risk.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK PREFORMANCE, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Medical Disclaimer

Our Services are not intended to diagnose, treat, cure, or prevent any disease or medical condition. The information and coaching provided through our Services are for informational and educational purposes only and should not be considered medical advice. Always consult with a qualified healthcare provider before making changes to your exercise routine, diet, or health practices. Do not disregard professional medical advice or delay seeking it because of information provided through our Services.

10. Indemnification

You agree to indemnify, defend, and hold harmless Peak PREformance, LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these "Terms", or your violation of any rights of another party.

11. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these "Terms". Upon termination, your right to use the Services will cease immediately. You may also terminate your account at any time by contacting us or using the account deletion features in the Services.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. You waive any right to a jury trial and agree to resolve disputes on an individual basis, not as part of a class action.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

15. Contact Information

If you have any questions about these Terms, please contact us at:
legal@peakpreformance.com