Terms of Service

(a) “Service”

The PeakLever AI Assistant platform, including the embed code snippet, AI configuration, lead qualification and scoring engine, and scored lead report delivery.

(b) “Lead”

A signal of interest from a website visitor who engages with the AI Assistant and meets the minimum qualification criteria established by Provider. A Lead is not a guaranteed appointment, client, or sale.

(c) “Customer Materials”

All content, data, documents, bios, listings information, and other materials provided by Customer to Provider for purposes of configuring the AI Assistant.

(d) “Visitor Data”

Personal information collected from visitors to Customer’s website through the AI Assistant, including names, contact details, and real estate preferences.

(e) “Confidential Information”

Any non-public business, technical, or financial information disclosed by one party to the other in connection with these Terms that is marked as confidential or that a reasonable party would understand to be confidential. Confidential Information does not include information that: (i) is or becomes publicly known through no breach of these Terms; (ii) was already known to the receiving party without restriction; (iii) is independently developed by the receiving party without use of the other party’s Confidential Information; or (iv) is required to be disclosed by law.

(f) “Activation Date”

The date on which Provider has completed configuration of the AI Assistant and the Service is made available to Customer’s website visitors.

(a) Fees

Customer agrees to pay the one-time setup fee and monthly recurring subscription fee for the selected service tier, as set forth in the Order Form.

(b) Activation Upon Payment

The one-time setup fee is due upon execution of the Order Form. Provider will deliver the embed code and activate the Service upon confirmed receipt of the setup fee. Monthly subscription fees are charged automatically each month beginning on the Activation Date.

(c) Payment Method

Customer authorizes Provider to charge the payment method on file for all recurring fees and is responsible for maintaining a current, valid payment method.

(d) Suspension for Non-Payment

If any payment fails and Customer does not cure the failure within seven (7) days of written notice, Provider may suspend access to the Service until the outstanding balance is paid.

(e) Non-Refundability

The one-time setup fee is non-refundable under all circumstances, including early cancellation. Monthly subscription fees already paid are likewise non-refundable.

(f) Price Changes

Provider may adjust subscription fees upon thirty (30) days’ prior written notice. If Customer does not wish to continue at the new price, Customer may terminate with thirty (30) days’ written notice before the new pricing takes effect.

(a) Term

This Agreement begins on the Effective Date and continues on a month-to-month basis from the Activation Date until terminated.

(b) Termination for Convenience

Either party may terminate at any time by providing thirty (30) days’ prior written notice. Customer remains obligated to pay all fees accrued through the end of the notice period.

(c) Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within fourteen (14) days of written notice.

(d) Effect of Termination

Upon termination: (i) Provider will disable the AI Assistant within fifteen (15) business days; (ii) Customer’s access ends; (iii) all outstanding fees remain due.

(e) Data Following Termination

Provider will retain Visitor Data for thirty (30) days following termination, during which Customer may request an export. After this period, Provider will delete or anonymize all such data.

(f) Platform Compatibility and Migration

Customer is solely responsible for verifying that their website platform supports third-party JavaScript or HTML embed code before signing. If Customer’s platform does not support the embed code, the setup fee remains non-refundable. Provider will provide reasonable assistance with reinstallation on compatible platforms but has no obligation to develop platform-specific workarounds.

(a) Data Roles

Customer is the data controller and Provider acts as a data processor with respect to Visitor Data. Provider processes Visitor Data solely on Customer’s behalf.

(b) Customer Privacy Obligations

Customer is solely responsible for maintaining a privacy policy disclosing the use of AI chat tools, obtaining required visitor consents, and complying with applicable privacy laws including CCPA.

(c) Provider Data Obligations

Provider will: (i) implement reasonable security measures to protect Visitor Data; (ii) not sell or share Visitor Data except as necessary to operate the Service; (iii) notify Customer of a confirmed data breach without undue delay.

(d) Data Retention

Provider retains Visitor Data only as long as necessary to provide the Service and for thirty (30) days following termination.

(e) Third-Party AI Partners

The Service relies on third-party AI infrastructure providers. Provider ensures these partners are prohibited from using Customer’s data for their own independent purposes or model training.

(a) Provider IP

Provider retains all right, title, and interest in and to the PeakLever platform, technology, scoring methodologies, and configuration frameworks. Customer receives only the limited right to use the Service as described herein.

(b) Customer Materials

Customer retains all rights in Customer Materials. Provider’s license to use Customer Materials is limited to configuring and operating the AI Assistant for Customer. Provider will not use Customer Materials to configure the AI Assistant for any other customer.

(c) Output Ownership

Lead reports and scored outputs generated from Visitor Data are provided to Customer. Customer may use such outputs for their real estate business. Provider retains no ownership in such outputs.

(d) Provider IP Indemnification

Provider will defend Customer from third-party claims that the PeakLever platform infringes any third-party intellectual property right, except where claims arise from Customer Materials or Customer modifications.

(a) Mutual Liability Cap

Each party’s total liability under these Terms shall not exceed the total fees paid by Customer in the three (3) months immediately preceding the event giving rise to the claim.

(b) Exclusion of Consequential Damages

Neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or loss of data, even if advised of the possibility of such damages.

(a) By Customer

Customer will indemnify and hold harmless Provider from claims arising from: Customer’s use of the Service in violation of these Terms or law; Customer’s real estate business activities; claims that Customer Materials infringe third-party rights; or Customer’s failure to maintain a required privacy policy.

(b) By Provider

Provider will indemnify and hold harmless Customer from claims arising from Provider’s material breach of these Terms or Provider’s gross negligence or willful misconduct.

(a) Informal Resolution

The parties will first attempt to resolve disputes through good-faith negotiation for thirty (30) days following written notice.

(b) Binding Arbitration

Unresolved disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with a single arbitrator, in Philadelphia, Pennsylvania or remotely by mutual agreement.

(c) Governing Law

These Terms are governed by the laws of the Commonwealth of Pennsylvania. Court proceedings, if necessary, shall be in Philadelphia County, Pennsylvania.

PeakLever · LuaNet Solutions LLC

Sergio D. Martins, Principal Consultant

support@peaklever.me · peaklever.me