Last Updated: January 24th 2025
Welcome to Peak Progress - Journal Cards (“App”). These Terms of Service (“Terms”) govern your access to and use of the App, website, and any related services (collectively, the “Services”) provided by Peak Progress (“we,” “us,” or “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.
1. Acceptance of Terms
1.1 Binding Agreement
These Terms form a legally binding agreement between you and Peak Progress. By downloading, installing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy (“Privacy Policy”).
1.2 Updates to Terms
We reserve the right to modify or update these Terms at any time. Changes will be effective immediately upon posting the revised Terms on our website or within the App. Your continued use of the Services after the posting of modified Terms constitutes your acceptance of those changes.
2. Description of the Services
Peak Progress - Journal Cards provides tools and features for journaling, learning, and personal development exercises. The specific features available to you will depend on the functionality of the App at the time of your use. We may update or alter the Services at our discretion without prior notice to you.
3. Eligibility
3.1 Age Requirements
You must be at least 13 years of age (or the age of majority in your jurisdiction, if higher) to use the Services. If you are under 18, you must review these Terms with your parent or guardian to ensure that you and your parent or guardian understand these Terms.
3.2 Authority
If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
4. User Accounts
4.1 Account Creation
To use certain features of the Services, you may be required to create an account. When creating your account, you agree to provide accurate, current, and complete information.
4.2 Responsibility for Account
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or other security breaches.
4.3 Account Termination
We reserve the right to suspend or terminate your account at any time for any reason, including for any violation of these Terms.
5. Data Collection and Analytics
5.1 User Data
When you use our Services, we may collect personal information such as your name, email address, and other data you choose to provide through your interactions with the App. Please refer to our Privacy Policy for details on what information we collect and how we use it.
5.2 Third-Party Analytics
We use Google Analytics, Meta/Instagram Pixel, and may use TikTok Ads or other analytics or tracking tools in the future to help us understand the usage of our Services, measure the effectiveness of our advertisements, and improve our user experience. These third parties may collect information about your usage of the Services. By using the Services, you consent to such collection.
5.3 Opt-Out
To the extent available, you may be able to opt out of certain data collection or targeted advertising features within the App settings or through your device settings. However, if you choose to opt out, some features of the Services may not function properly.
5.4 Data Usage
You acknowledge and agree that we may use the data we collect from you in accordance with our Privacy Policy to provide, maintain, protect, and improve our Services, as well as to develop new ones.
6. User Conduct
6.1 Lawful Use
You agree to use the Services only for lawful purposes and in accordance with these Terms.
6.2 Prohibited Activities
You shall not:
Use the Services for any illegal or unauthorized purpose.
Infringe upon or violate our intellectual property rights or the rights of others.
Upload, post, or transmit any viruses or malicious code.
Engage in any activity that could damage, disable, overburden, or impair the Services.
Attempt to gain unauthorized access to any portion or feature of the Services or any other systems or networks connected to the Services.
7. Intellectual Property
7.1 Ownership
All content, trademarks, service marks, and logos contained in the Services, including but not limited to text, graphics, software, code, and functionality, are owned by or licensed to Peak Progress and are protected by intellectual property laws.
7.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial purposes.
7.3 Restrictions
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services, except as expressly permitted by these Terms.
8. Disclaimer of Warranties
8.1 As Is
The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied.
8.2 No Guarantee
We do not guarantee that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
8.3 Not Medical or Professional Advice
The content provided through the App is for informational or self-improvement purposes only and does not constitute medical, legal, or other professional advice. You acknowledge that you use any advice or suggestions provided by the App at your own risk.
9. Limitation of Liability
9.1 No Liability
To the fullest extent permitted by law, in no event will Peak Progress, its owners, developers, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, data, or use, incurred by you or any third party, arising out of or related to your use or inability to use the Services.
9.2 Applicability
Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you. In such jurisdictions, liability is limited to the greatest extent permitted by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Peak Progress, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services.
11. Termination
11.1 Termination by You
You may stop using the Services at any time and/or delete the App from your device.
11.2 Termination by Us
We reserve the right to suspend or terminate your access to the Services or your account at any time for any reason, including if we reasonably believe you have violated these Terms.
11.3 Effect of Termination
Upon termination, your right to use the Services will cease immediately. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property, disclaimers, limitation of liability, and indemnification.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms and any dispute or claim arising out of or in connection with these Terms or the Services will be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law provisions.
12.2 Dispute Resolution
Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the local jurisdiction of our business. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. No Class Actions
You agree that any disputes or claims you may have against us will be resolved on an individual basis and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding.
14. Entire Agreement
These Terms, along with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Peak Progress regarding the Services, superseding any prior agreements between you and Peak Progress relating to the subject matter herein.
15. Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified to the least extent necessary to make it valid, legal, or enforceable, and the remaining provisions shall remain in full force and effect.
16. Waiver
No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms does not constitute a waiver of that right or provision.
17. Contact Us
If you have any questions or comments about these Terms, or wish to report any violations, please contact us at:
Email: contact@peakprogressapp.com
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Disclaimer
This Terms of Service template is provided for informational purposes only and does not constitute legal advice. Laws and regulations regarding data collection, user rights, and liability vary by jurisdiction. You should consult with a qualified attorney to ensure your Terms of Service is legally compliant in all jurisdictions where you make your App available.