These Main Services Agreement constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Peak Output Pty Ltd, doing business as Peak Output ("Peak Output", "we", "us", or "our"), concerning your access to and use of the https://peakoutput.com website, app.peakoutput.com platform as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
We are registered in Victoria and have our address at PO Box 108, Porepunkah 3740. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Main Services Agreement, including the User Agreement posted on the Site, which are incorporated into these Main Services Agreement.

If you do not agree with all of these main services agreement, then you are expressly prohibited from using the site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Main Services Agreement from time to time. We will alert you about any changes by updating the "Last updated" date of these Main Services Agreement, and you waive any right to receive specific notice of each such change.

Important Restrictions and Requirements:

• The Site is intended for users who are at least 13 years of age
• All minors must have parental permission and direct supervision

For our US Clients:

• The Site is not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.)
• You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA)

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Main Services Agreement, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Limited License Grant

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete
2. You will maintain the accuracy of such information and promptly update such registration information as necessary
3. You have the legal capacity and you agree to comply with these Main Services Agreement
4. You are not under the age of 13
5. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site
6. You will not access the Site through automated or non-human means, whether through a bot, script or otherwise
7. You will not use the Site for any illegal or unauthorized purpose
8. Your use of the Site will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Accepted Payment Methods:

• Credit Card
• Invoice
• Electronic Transfer

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Payment Terms:

• We bill you through an online billing account for purchases made via the Site
• A Goods and Services Tax or Sales tax will be added to the price of purchases as deemed required by us
• We may change prices at any time
• All payments shall be in the currency of the region you are working from.
• You consent to recurring charges until you notify us of your cancellation

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

We offer a 14-day free trial to new users who register with the Site. The account will be suspended at the end of the free trial unless payment details are secured via the platform or if an enterprise, through direct agreement with Peak Output in writing.

You can cancel your subscription at any time. Peak Output subscriptions have a 12-month term. The subscription agreement will automatically renew at the prices published on the website at the end of the 12-months term unless written notice of termination is sent 30-days prior to the commencement of the next renewal term by either party. Your cancellation will take effect at the end of the current paid term.

For Cancellation Support:

Email: hello@peakoutput.com

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree NOT to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Site
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Site
• Upload or transmit viruses, Trojan horses, or other harmful material
• Engage in any automated use of the system, such as using scripts to send comments or messages
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person
• Upload or transmit any passive or active information collection mechanisms
• Interfere with, disrupt, or create an undue burden on the Site or connected networks
• Harass, annoy, intimidate, or threaten any of our employees or agents
• Attempt to bypass any measures designed to prevent or restrict access to the Site
• Copy or adapt the Site's software, including Flash, PHP, HTML, JavaScript, or other code
• Decipher, decompile, disassemble, or reverse engineer any software comprising the Site
• Use any automated system, spider, robot, cheat utility, scraper, or offline reader
• Use a buying agent or purchasing agent to make purchases on the Site
• Make any unauthorized use of the Site, including collecting usernames and/or email addresses
• Use the Site as part of any effort to compete with us
• Sell or otherwise transfer your profile
• Use the Site to advertise or offer to sell goods and services
• Share Named User (Account administrator) licenses with more than one user
• Sell discovery processes, reports, or system access directly on an e-commerce basis without bundling this with your services and without prior written permission from Peak Output
• Allow anyone other than a Registered Administrator in your firm to create support tickets or engage with the Peak Output Support team

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

When you create or make available any Contributions, you represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and other users to use your Contributions
• You have written consent from each identifiable individual person in your Contributions
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
• Your Contributions are not used to harass or threaten any other person
• Your Contributions do not violate any applicable law, regulation, or rule
• Your Contributions do not violate the privacy or publicity rights of any third party
• Your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap
• Your Contributions do not otherwise violate any provision of these Main Services Agreement

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Important Notes:

• We do not assert any ownership over your Contributions
• You retain full ownership of all of your Contributions and any intellectual property rights
• We are not liable for any statements or representations in your Contributions
• You are solely responsible for your Contributions to the Site
• We have the right to edit, redact, change, re-categorize, pre-screen, or delete any Contributions at any time
• We have no obligation to monitor your Contributions

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either:

1. Providing your Third-Party Account login information through the Site, or
2. Allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions

Third-Party Account Access

By granting us access to any Third-Party Accounts, you understand that:

• We may access, make available, and store any content that you have provided to and stored in your Third-Party Account (the "Social Network Content")
• We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account

IMPORTANT: Your relationship with third-party service providers is governed solely by your agreements with such third-party service providers. We make no effort to review any Social Network Content for any purpose and are not responsible for any Social Network Content.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Important Disclaimers:

• Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us
• We are not responsible for any Third-Party Websites or Third-Party Content
• Inclusion of, linking to, or permitting the use of any Third-Party Websites or Content does not imply approval or endorsement by us
• If you decide to leave the Site and access Third-Party Websites, you do so at your own risk
• Any purchases you make through Third-Party Websites are exclusively between you and the applicable third party
• We take no responsibility for such purchases

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services or any losses relating to Third-Party Content or contact with Third-Party Websites.

Our services are "commercial items" as defined in Federal Acquisition Regulation ("FAR") 2.101.

For Non-DOD Agencies:

If our services are acquired by or on behalf of any agency not within the Department of Defense ("DOD"), our services are subject to the terms of these Main Services Agreement in accordance with FAR 12.212 (for computer software) and FAR 12.211 (for technical data).

For DOD Agencies:

If our services are acquired by or on behalf of any agency within the Department of Defense, our services are subject to the terms of these Main Services Agreement in accordance with Defense Federal Acquisition Regulation ("DFARS") 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by the DOD.

This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFARS, or other clause or provision that addresses government rights in computer software or technical data under these Main Services Agreement.

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Main Services Agreement
2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Main Services Agreement, including without limitation, reporting such user to law enforcement authorities
3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof
4. In our sole discretion and without limitation, notice, or liability, remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
5. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site

We care about data privacy and security. Please review our Privacy Policy: https://peakoutput.com/privacy-policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Main Services Agreement.

Important Privacy Notices:

• The Site is hosted in Australia
• If you access the Site from any other region with different data protection laws, you are transferring your data to Australia and agree to have your data transferred to and processed in Australia
• We do not knowingly accept, request, or solicit information from children or knowingly market to children
• US Clients - In accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information without verifiable parental consent, we will delete that information as quickly as reasonably practical

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification").

Peak Output operates under an ISV agreement with DNA Behavior Solutions for use of Psychometric insights, processing and analysis, and adheres to all Copyright terms within that agreement. 

Important Legal Notice:

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting a Lawyer or attorney.

These Main Services Agreement shall remain in full force and effect while you use the Site.

Our Rights:

Without limiting any other provision of these main services agreement, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these main services agreement or of any applicable law or regulation.

We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

Post-Termination Restrictions:

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

Service Availability:

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

These Main Services Agreement and your use of the Site are governed by and construed in accordance with the laws of the State of Victoria applicable to agreements made and to be entirely performed within the State of Victoria, without regard to its conflict of law principles.

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Main Services Agreement (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL UNLESS IT IS DEEMED A COMMERCIAL CLAIM WHICH WILL BE HERD BY A JUDGE ONLY.

Arbitration Details:

• The arbitration shall be commenced and conducted under the Arbitration Rules of the Australian Centre for International Commercial Arbitration ("ACICA")
• The rules are available at www.acica.org.au
• Your arbitration fees and share of arbitrator compensation shall be governed by the ACICA Rules
• The arbitration may be conducted in person, through document submission, by phone, or online
• The arbitrator will decide in writing but need not provide a statement of reasons unless requested
• The arbitrator must follow applicable law
• Except where otherwise required by applicable ACICA rules or law, the arbitration will take place in Melbourne, Australia

Court Proceedings

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Melbourne, Australia, and the Parties hereby consent to, and waive all defences of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Statute of Limitations

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

• No arbitration shall be joined with any other proceeding
• There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
• There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are NOT subject to the above provisions concerning informal negotiations and binding arbitration:

• Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
• Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
• Any claim for injunctive relief

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We Make No Warranties Regarding:

• The accuracy or completeness of the Site's content or the content of any websites linked to the Site
• Errors, mistakes, or inaccuracies of content and materials
• Personal injury or property damage resulting from your access to and use of the Site
• Any unauthorized access to or use of our secure servers and/or personal information and/or financial information stored therein
• Any interruption or cessation of transmission to or from the Site
• Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party
• Any errors or omissions in any content and materials or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Liability Cap:

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.

State Law Variations:

Certain us state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. Your Contributions
2. Use of the Site
3. Breach of these Main Services Agreement
4. Any breach of your representations and warranties set forth in these Main Services Agreement
5. Your violation of the rights of a third party, including but not limited to intellectual property rights
6. Any overt harmful act toward any other user of the Site with whom you connected via the Site

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

These Main Services Agreement and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Main Services Agreement shall not operate as a waiver of such right or provision.

Additional Provisions:

Assignment of Rights

Peak Output may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Peak Output, and any such attempted assignment will be void and unenforceable.

Pricing

Peak Output reserves the right to vary prices on a reasonable basis at any time. The prices are net of all income, withholding, sales, GST, VAT (such taxes to be borne by the purchaser).

Artificial Intelligence (AI) Usage

By using our AI tools and Avatars, you acknowledge and agree to the following:

1. Generative AI Usage: Our chatbot employs generative AI technology to respond and engage in conversations about behaviour and other insights from the Peak Output Discovery Process and related interpretation materials. These responses are generated by machine learning algorithms and may not always reflect the official policies or opinions of your company.
2. Review of Internal Policies: It is essential for individuals or organisations using our AI tools to review and be aware of their own companies internal policies, guidelines and industry specific regulations. The responses generated by the AI tools are based on available data and may not consider the unique policies and procedures of your organisation.
3. Human Monitoring: Please be aware that interactions on the AI tools, including prompts and responses, may be monitored by human operators for quality assurance, training and improvement purposes. This monitoring ensures that the AI tools continue to provide accurate and helpful information.
4. User Responsibility: Users are responsible for ensuring that their interactions with the AI tools comply with their organisations policies and applicable laws and regulations. While the AI tools aim to provide assistance, final decisions should be made by your organisation’s internal guidelines.

Limitations: Our AI tools have limitations and may not always provide perfect answers.  Users should exercise discretion and critical judgement when relying on information from our AI tools.  By continuing to use our AI tools, you accept these terms and conditions, including the AI specific conditions outlines above.  If you do not agree with these terms or have any concerns, please refrain from using the AI tools.