Terms of Service

Last updated Q2 2026

Welcome to Take A Peak, Inc. (“Peak,” “we,” “our,” or “us”).

These Terms of Service (“Terms”) govern your access to and use of Peak’s websites, applications, APIs, software, machine learning systems, datasets, intelligence products, and related services, including The Advertiser Platform (“TAP”), Peak’s detection and moderation APIs, and any related analytical or operational tools (collectively, the “Services”).

By accessing or using the Services, creating an account, purchasing a subscription, submitting content for analysis, or otherwise interacting with the Services, you agree to these Terms.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and “you” includes both you and that organization.

If you do not agree to these Terms, you may not use the Services.

1. Registration & Access

You must be at least 18 years old and authorized to enter into these Terms.

You must provide accurate and complete information when creating an account. You are responsible for safeguarding your credentials and for all activity occurring under your account.

If you create an account using an email address associated with an organization, that organization may be able to control or administer your account consistent with applicable agreements and policies.

We may suspend or terminate accounts that violate these Terms or create risk or harm to Peak, the Services, users, or third parties.

2. Using the Services

What You Can Do

Subject to your compliance with these Terms, you may access and use the Services for your internal business purposes and in accordance with applicable laws.

What You Cannot Do

You may not use the Services for unlawful, harmful, abusive, deceptive, or unauthorized activities.

For example, you may not:

• violate applicable laws or regulations;
• infringe, misappropriate, or violate the rights of others;
• harass, surveil, doxx, target, or harm individuals;
• reverse engineer, decompile, scrape, crawl, extract, or copy the Services or underlying systems;
• interfere with or disrupt the integrity, security, or operation of the Services;
• circumvent access controls, limitations, or rate limits;
• use automated means to extract data except through authorized APIs;
• reproduce, redistribute, sublicense, resell, or commercially exploit the Services or data without authorization;
• use the Services or exported data to create competing products, datasets, benchmarks, or models;
• use exported data or Outputs to train machine learning or artificial intelligence systems without our prior written consent;
• upload malicious code or attempt unauthorized access to the Services.

We reserve the right to investigate misuse and suspend or terminate access at our discretion.

3. Content & Customer Data

You may provide content, media, URLs, domains, data, prompts, or other materials to the Services (“Input”) and may receive results or outputs generated by the Services (“Output”). Input and Output are collectively “Content.”

You are responsible for your Content, including ensuring that you possess all rights, permissions, and legal authority necessary to provide or process such Content through the Services.

You represent and warrant that your use of the Services and submission of Content complies with applicable laws, contractual obligations, and third-party rights.

4. Outputs & Service Limitations

The Services may generate automated outputs, analyses, classifications, scores, signals, or other results (“Outputs”).

Due to the nature of automated and machine learning systems, Outputs may not always be accurate, complete, reliable, current, or suitable for your use case.

Outputs may contain errors, omissions, inaccuracies, false positives, false negatives, or incomplete information.

You are solely responsible for independently evaluating Outputs and for any decisions, actions, moderation measures, investigations, enforcement activities, or operational outcomes arising from your use of the Services.

Outputs do not constitute factual assertions, legal conclusions, or determinations of unlawful conduct.

You should not rely on Outputs as a sole source of truth or as a substitute for human review or independent evaluation.

5. Our Use of Content

We may use Content to:

• provide, maintain, secure, and improve the Services;
• comply with applicable law;
• enforce these Terms and related policies;
• detect abuse, fraud, or security issues;
• and develop or improve our technologies and systems.

6. Intellectual Property

The Services, including all software, interfaces, models, datasets, taxonomies, methodologies, designs, visualizations, documentation, and related intellectual property, are owned by Peak or its licensors and protected by applicable laws.

Except as expressly permitted, you may not copy, reproduce, distribute, modify, create derivative works from, republish, resell, or commercially exploit the Services or underlying data.

No rights are granted except as expressly stated in these Terms.

7. APIs, Exports & Data Restrictions

Access to APIs, exports, datasets, or bulk functionality may be subject to additional restrictions, technical limits, documentation, or agreements.

Unless expressly authorized in writing, you may not:

• aggregate exported data into competing products or datasets;
• publicly republish Outputs or datasets;
• redistribute exported information to unaffiliated third parties;
• create derivative intelligence databases;
• or use exported data or Outputs to train machine learning or artificial intelligence systems.

We may impose technical, contractual, or usage limitations on exports, retention, or API access at any time.

8. Paid Accounts & Billing

Certain Services require paid subscriptions, seat licenses, usage-based billing, or other fees.

By purchasing or subscribing to paid Services, you authorize Peak and its payment processors to charge applicable fees, taxes, renewals, overages, seat adjustments, and related charges.

Unless otherwise specified:

• subscriptions renew automatically;
• fees are non-refundable except where required by law;
• and pricing may change upon notice.

We may suspend or terminate access for non-payment.

Enterprise customers may separately execute agreements, including MSAs, order forms, or DPAs, that supplement or supersede portions of these Terms.

9. Availability & Changes

We are continuously developing and improving the Services.

We may modify, suspend, discontinue, or update portions of the Services at any time, including features, functionality, pricing, or technical requirements.

We do not guarantee uninterrupted or error-free operation of the Services.

10. Third-Party Services

The Services may include or interact with third-party software, services, content, or integrations.

We are not responsible for third-party services or content.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR SECURITY.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
• OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE;
• OR USE OF THE SERVICES WILL ACHIEVE ANY PARTICULAR RESULT.

YOUR USE OF THE SERVICES AND OUTPUTS IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR REPUTATIONAL HARM.

PEAK’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT PAID BY YOU TO PEAK FOR THE APPLICABLE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR
• ONE HUNDRED U.S. DOLLARS (USD $100).

13. Indemnification

If you are using the Services on behalf of a business or organization, you agree to defend, indemnify, and hold harmless Peak and its affiliates, personnel, licensors, and service providers from and against claims, damages, liabilities, losses, and expenses arising out of or related to:

• your use of the Services;
• your Content;
• your violation of these Terms;
• or your violation of applicable laws or third-party rights.

14. Suspension & Termination

You may stop using the Services at any time.

We may suspend or terminate access to the Services if:

• you violate these Terms or related policies;
• your use creates risk, harm, or liability;
• we are required to do so by law;
• or necessary to protect the Services, users, or third parties.

Upon termination, your right to access the Services immediately ceases.

15. Governing Law

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

Except where otherwise required by applicable law, disputes arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Delaware.

16. Changes to These Terms

We may update these Terms from time to time.

If we make material changes, we may provide notice through the Services, by email, or through other reasonable means.

Continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

17. Contact

If you have any questions about these Terms of Service, you can contact us:

• By visiting this page on our website: https://peak.watch/contact
• By sending us an email: admin@peak.watch