PeakBot LLC Terms of Use Agreement

Updated May 22, 2024

By accessing https://app.usepeakbot.com or https://alerts.usepeakbot.com or using any product or service provided by PeakBot LLC (hereinafter referred to as “PeakBot”), The User (hereinafter referred to as “The User”) accepts and agrees to be bound by the the following Terms of Use in full.

Please read these Terms of Use (“Terms” or “Terms and Conditions”) carefully before using the https://app.usepeakbot.com or https://alerts.usepeakbot.comwebsite operated by PeakBot, or any other service or product offered by PeakBot.

In our Terms of Use, the terminology, “our product“, “the product“, “our service“, and “the service“ indicates any and all the products and services offered by PeakBot, including the website, educational materials, videos published by us, and all content as well as software associated with PeakBot and will hereinafter be referred to collectively as the “Service”.

The User’s access to and use of the Service is conditioned on the full acceptance of and compliance with the following terms and conditions. These terms of use apply to all visitors, users, and others who access or use the Service.

TERMS & CONDITIONS

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1. Trial Periods & Subscriptions

By utilizing the Service, The User confirms that they have read and accepted our agreement in full and authorize PeakBot to automatically charge The User’s bank account, credit card, debit card, or any other form of payment accepted by PeakBot according to the billing period manually selected by The User.

The User’s subscription with PeakBot and the Service provided will continue indefinitely until terminated by either party. Unless The User cancels their subscription before the billing cycle ends, The User explicitly authorizes PeakBot to charge the subscription fee according to the subscription plan for the next billing cycle to the payment method saved on PeakBot’s system

If a free trial is provided and the trial is not canceled before its expiration date, The User agrees that it automatically converts to a quarterly paid plan.

The User is allowed one (1) trial period only. PeakBot reserves the right to revoke the trial period and put The User’s account on hold if it is determined that the User has not met the eligibility requirements. Any attempt to abuse the trial period will result in the User’s access to the algorithm being terminated.

Plans with special promotional offers that have been or will be released in the future may have different conditions and limitations compared to our normal offers. Details of these terms (if any) will be revealed at signup, in our promotional materials, and/or marketing content.

We may change our subscription plans, its accompanying features and offers, and the pricing plans from time to time. The User will be notified within seven (7) business days if changes apply to them.

2. Payment

PeakBot requires that The User provide at least one payment method in the form of either debit or credit card or PayPal in order to subscribe. By adding or updating your payment details, The User authorizes us to charge your default saved card for fees associated with your subscription to our products and services.

If The User is receiving a free trial, The User will be charged for the subscription plan that The User chose before signing up for the trial at the end of the trial period unless The User cancels their  membership before the end of the trial period.

Failed payments will automatically revoke your access to our algorithms. The User can update their payment method or card details in the Profile section on your account to prevent the automatic cancellation.

All sales are final and all promotional offers are limited to one redemption per user unless stated otherwise.

3. Chargebacks

The User hereby agrees to not process any chargebacks on their purchase from PeakBot, rather speak to the PeakBot support team at experience@usepeakbot.com to resolve any issue.

4. Cancellation of Service

The User may cancel their PeakBot membership at any time from the dashboard on PeakBot’s website and The User will continue to have access to PeakBot’s product or service until the end of their billing period.

It's The User’s sole responsibility to evaluate the merits of a trial and make an educated decision about keeping or canceling the subscription. The User can cancel their membership anytime before the trial ends or before the next billing cycle.

If The User does not wish to continue their subscription, The User may unsubscribe from their services or remove their payment method from PeakBot’s system on the Billing section, and The User won't be billed for the subsequent months.

PeakBot reserves the right to refuse service to anyone at any time for any reason. This includes access to its software and trading platform, associated chats & wider community.

5. Refund Policy

There are no refunds for trials, quarterly plans, and other products and services offered by PeakBot. Even if the subscription is canceled on the same day as the auto-conversion payment has gone through. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund. A canceled trial and associated services will stop immediately after cancellation.

Refunds will not be issued in situations as follows:

    • The User has changed their mind about using PeakBot’s product and service;

    • The User purchased PeakBot’s subscription plan by mistake;

    • The User does not have sufficient expertise to use PeakBot’s system;

    • The User forgot to cancel their membership before their trial ends;

    • The User forgot to cancel their membership before their next billing cycle;

    • The User is not able to activate the PeakBot algorithm in time before their trial or current subscription cycle finishes; or

    • The User experiences dissatisfaction with PeakBot’s system after purchase.

6. Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by PeakBot LLC.

PeakBot LLC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The User further acknowledges and agrees that PeakBot shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise The User to read the terms and conditions and privacy policies of any third-party web sites or services that The User visits.

7. Registration

Certain features or services offered on or through the Site and Application may require The User to open an account and set up a profile, providing certain personally-identifiable information, including but not limited to your name, your address, your phone number and email address (collectively, your “Client Information”).

We reserve the right to restrict certain areas of information on the Site and Application to such registered users. The User agrees that The User will maintain and promptly update their Client Information to keep it true, accurate, current and complete. If The User provides any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect such, we reserve the right to terminate The User’s account and refuse any and all current or future use of the Site and/or Application by The User.

We reserve the right to call, text message, email or mail all users upon registration. Additionally, upon registration, we reserve the right to publish user trade results as well as the stocks they’ve traded to the public. PeakBot will, in its best effort, keep personally identifiable information confidential in such communications.

We are committed to privacy, and our privacy policy (the “Privacy Policy”), the terms of which are incorporated herein, explains the policies put in place and used by us to protect Client Information and your privacy as The User visits and uses the Site and/or Application and uses our Services. The User is solely responsible for maintaining the confidentiality of their member name and password. The User agrees to notify us immediately of any unauthorized use of their member name, password, or account. PeakBot LLC will not be responsible for any losses arising out of the unauthorized use of The User’s account and The User agrees to indemnify and hold harmless PeakBot LLC and its managing members, officers, equity holders, employees, partners, parents, subsidiaries, agents, affiliates, and licensors (collectively, "Affiliates"), as applicable, for any improper, unauthorized or illegal uses of their account and as otherwise set forth in these Terms of Use.

8. OTP & Two-Factor Authentication

PeakBot uses One-Time Passwords and Two-Factor Authentication as a way to further protect our users. PeakBot will send verification codes to the registered phone number on file via SMS text messages.

Users will only receive verification codes upon login attempts, password resets, or significant profile changes. If The User receives a verification code that The User did not request it is wise to immediately take actions to secure your account.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for any messages sent to The User from us and to us from The User. The User will receive verification codes via SMS whenever The User needs to verify an authentication. If The User has any questions about their text plan or data plan, it is best to contact their carrier.

If The User has any questions regarding privacy, please read our privacy policy: https://www.usepeakbot.com/privacy

9. Copyright Policy

We respect the intellectual property of others and ask that users of our Site, Application and Services do the same. In connection with our Site, Application and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and for the termination, in appropriate circumstances, of users of our Site, Application and Services who are repeat infringers of intellectual property rights, including copyrights. If The User believes that one of our users is, through the use of our Site, Application and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that The Userclaim to have been infringed; (c) identification of the Materials on our services that The Userclaim is infringing and that The Userrequest us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that The Userhave a good faith belief that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that The User is either the owner of the copyright that has allegedly been infringed or that The User is authorized to act on behalf of the copyright owner. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

10. Governing law

PeakBot operates under the laws of the state of New Jersey.

THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

Limitation of Remedies

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, APPLICATION OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, USE OF THE APPLICATION OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND ALL OTHER USE OF THE SITE OR APPLICATION, IS DONE AT YOUR OWN DISCRETION AND RISK AND The UserWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF THE USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, THE APPLICATION OR THEIR RESPECTIVE CONTENT, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND UNINSTALL THE APPLICATION.

Indemnification

Content and Materials

The User will indemnify and hold the Company and its Affiliates harmless with respect to any suits or claims arising out of (i) your breach of these Terms of Use, including, but not limited to, any infringement by The User of the copyright or intellectual property rights of any third party; (ii) your fraudulent or malicious use of the Site, the Application and/or Services or your misuse or abuse of the Site, Application and/or Services; (iii) your violation of applicable laws, rules or regulations in connection with your use of the Site, Application or Services, or (iv) our use of Materials generated or uploaded by The Userin accordance with these Terms of Use. THE USER AGREES TO INDEMNIFY AND HOLD THE COMPANY, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY THE USER TO THE COMPANY AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY THE USER OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF ANY PROVISIONS OF THESE TERMS OF USE.

Binding Arbitration and Applicable Law

Arbitration shall be conducted by and submitted to a single arbitrator (“Arbitrator”) at the New Jersey law firm, Gruber, Colabella, Liuzza, Thompson & Hiben. The Arbitrator shall be authorized to award compensatory damages, but shall NOT be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the Arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Each party shall fully perform and satisfy the arbitration award within fifteen (15) days of the service of the award. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, The Userunderstand that The Userare waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

THE USER AGREES THAT, IF THE USER DECIDES TO OPEN AN ACCOUNT IN THE PROGRAM, YOUR RELATIONSHIP WITH US WILL BE GOVERNED BY THE PRE-DISPUTE ARBITRATION CLAUSE IN THE AGREEMENTS. THE PRE-DISPUTE ARBITRATION CLAUSE IN THE AGREEMENTS PROVIDES FOR DISPUTE RESOLUTION SERVICES PROVIDED BY THE FINANCIAL INDUSTRY REGULATORY AUTHORITY. THE USER FURTHER AGREES THAT, IF THE USER DECIDES TO OPEN AN ACCOUNT IN THE PROGRAM, THE PRE-DISPUTE ARBITRATION CLAUSE IN THE AGREEMENTS SUPERSEDES THE ARBITRATION PROVISIONS OF THESE TERMS OF USE.

These Terms of Use are governed by the laws of New Jersey without regard to con´Čéicts of laws principles. Access or use of the Site and/or Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

The User agrees that no joint venture, partnership, employment, or agency relationship exists between The Userand the Company as a result of these Terms of Use or accessing or using the Site, the Application or their respective contents. The Company’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site and/or Application or information provided to or gathered by the Company with respect to such use.

Interpretation

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Except as otherwise specified in these Terms of Use, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 41 Lakeside Boulevard, Hopatcong, NJ 07843 or via email addressed to: experience@usepeakbot.com and notices to The User will be sent to the email address The Userprovide to us, which addresses may be updated from time to time upon written notice to the other party. The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach. The User may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and insure to the benefit of the parties, their respective successors and permitted assigns.

The term of these Terms of Use will continue for as long as we allow The User access to and use of the Site, the Application and/or Services. Sections titled “Content and Materials,” “Warranties, Disclaimers and Limitations of Liability,” “Applicable Law and Jurisdiction,” “Interpretation,” and “Indemnification,” and this Section shall survive any termination or expiration of these Terms of Use.

12. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 14 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, The User agrees to be bound by the revised terms. If The User does not agree to the new terms, please stop using the Service.

13. Contact

If The User has any questions about these terms please contact us via email with your query at experience@usepeakbot.com