Terms of Service

Last Updated: October 16, 2025

Effective Date: October 16, 2025

1. Acceptance of Terms

By accessing or using PeakCodeSolutions services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

PeakCodeSolutions provides software development services, including but not limited to:

  • Code review and consultation
  • Website development
  • Mobile application development
  • Web application development
  • Technical consulting

3. User Obligations

You agree to:

  • Provide accurate information in all communications
  • Respond to project-related inquiries in a timely manner
  • Review milestone deliverables within agreed timeframes
  • Make payments according to the agreed schedule
  • Not use the Service for illegal purposes
  • Respect intellectual property rights

4. Project Scope and Changes

Initial Scope

Projects begin with a defined scope outlined in a project proposal or statement of work.

Scope Changes

Changes to project scope must be requested in writing and may result in adjusted timeline and pricing. Additional work outside the original scope will be quoted separately.

5. Milestone-Based Payment Terms

Payment Structure

Projects are divided into milestones with specific deliverables and payment amounts.

Payment Schedule

  • Deposit: May be required before work begins (typically 20-30% of total project cost)
  • Milestone Payments: Due upon completion and client approval of each milestone
  • Final Payment: Due upon project completion and delivery

Payment Methods

We accept payments via credit card, bank transfer, or other agreed methods through our payment processors.

Late Payments

Payments not received within 7 days of invoice may result in project suspension. Projects suspended for more than 30 days may be subject to cancellation.

6. Milestone Approval Process

Review Period

Clients have a specified review period (typically 5-7 business days) to review milestone deliverables.

Approval

Approval indicates satisfaction with the deliverable and triggers payment release.

Revision Requests

Clients may request reasonable revisions within the scope of the milestone. Excessive revisions beyond the agreed scope may incur additional charges.

Automatic Approval

If no feedback is provided within the review period plus 7 days grace period, the milestone may be deemed approved.

7. Intellectual Property Rights

Client IP

You retain ownership of all content, data, and materials you provide.

Developed IP

Upon full payment, you receive ownership of the custom code and deliverables created specifically for your project, excluding:

  • Third-party libraries and frameworks (governed by their respective licenses)
  • Pre-existing PeakCodeSolutions tools and templates
  • Generic components that may be reused

Portfolio Rights

We reserve the right to showcase completed projects in our portfolio unless a non-disclosure agreement specifies otherwise.

8. Confidentiality

We agree to keep confidential any proprietary information you share during the project. This obligation continues for 3 years after project completion unless otherwise specified in a separate NDA.

9. Warranties and Disclaimers

Our Warranty

We warrant that services will be performed in a professional manner consistent with industry standards.

Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Guarantee of Results

We do not guarantee specific business outcomes, user adoption rates, app store rankings, or revenue results.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKCODESOLUTIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Support and Maintenance

  • Included Support: Post-launch support period is specified in your project agreement (typically 1-6 months)
  • Support Scope: Includes bug fixes and issues directly related to our deliverables. Does not include new features, third-party service issues, or problems caused by client modifications
  • Extended Support: Maintenance and support beyond the included period is available through separate agreements

12. Project Cancellation

By Client

You may cancel at any time. You will be charged for:

  • All completed and approved milestones
  • Work in progress on the current milestone (pro-rated)
  • Any non-refundable third-party costs incurred

By PeakCodeSolutions

We reserve the right to terminate the project if:

  • Payments are more than 30 days overdue
  • You breach these Terms
  • The project becomes technically infeasible
  • Continued partnership is not viable

13. Dispute Resolution

  • Negotiation: Parties agree to first attempt to resolve disputes through good-faith negotiation
  • Mediation: If negotiation fails, disputes shall be submitted to mediation before pursuing legal action
  • Arbitration: Any disputes not resolved through mediation shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association
  • Governing Law: These Terms are governed by the laws of the United States and the state where PeakCodeSolutions is registered, without regard to conflict of law provisions

14. Indemnification

You agree to indemnify and hold harmless PeakCodeSolutions from any claims, damages, losses, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your breach of these Terms
  • Content or materials you provide
  • Violation of any third-party rights

15. Force Majeure

We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, acts of government, war, terrorism, pandemics, internet outages, or third-party service failures.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full effect.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. Changes take effect immediately upon posting. Continued use of the Service constitutes acceptance of modified Terms.

18. Entire Agreement

These Terms, together with any project-specific agreements, constitute the entire agreement between you and PeakCodeSolutions.

19. Contact Information

For questions about these Terms, contact us at:

Email: info@peakcodesolutions.com