Terms of Service

Effective Date: October 26, 2023

Welcome to peakz.xyz. These Terms of Service ("Terms") govern your access to and use of the peakz.xyz website, applications, and any related services (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of the Terms, you may not access the Service.

1. Acceptance of Terms

The Service is provided by peakz.xyz ("we," "us," or "our"). By creating an account, accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and peakz.xyz.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on this page and updating the "Effective Date" above. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates.

2. Use of Service

2.1 Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's permission to use the Service and that they have read and agree to these Terms on your behalf. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement.

2.2 Account Registration

Access to certain features of the Service may require you to register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the security of your password and accept all risks of unauthorized access to your account.
• Notify us immediately at [email protected] if you discover or suspect any security breaches related to the Service or your account.
• You are solely responsible for all activities that occur under your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We do not guarantee that the Service will be available at all times, uninterrupted, secure, or error-free.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service.

3.1 Acceptable Use

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or intimidating other users.
• Posting or transmitting any content that is defamatory, obscene, pornographic, abusive, offensive, or fraudulent.
• Violating or infringing upon the intellectual property rights, privacy rights, or other rights of any third party.
• Using the Service to distribute viruses, malware, or any other destructive code.
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
• Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
• Using any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Service or to extract data.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

3.2 User Content

You retain ownership of any intellectual property rights that you hold in the content you submit ("User Content"). By submitting User Content, you grant peakz.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You are solely responsible for your User Content and the consequences of posting or publishing it. We reserve the right, but are not obligated, to remove any User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of peakz.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of peakz.xyz.

4.2 Feedback

If you provide us with any feedback, comments, or suggestions regarding the Service ("Feedback"), you assign to us all rights, title, and interest in and to such Feedback. We may use and incorporate such Feedback into the Service without any obligation or compensation to you.

5. Limitation of Liability

5.1 Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEAKZ.XYZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAKZ.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (