Terms of Use — Peak Elephant

Peak Elephant Terms of Use

Effective date: 2026-05-19 Last updated: 2026-05-19

These Terms of Use ("Terms") form a binding agreement between Peak Elephant LLC, a New Mexico limited liability company with its registered address at 601 High St NE, Albuquerque, New Mexico 87102 ("Peak Elephant," "we," "us," or "our"), and the individual or organization that accesses or uses the Peak Elephant service available at https://www.peakelephant.com and any related applications, APIs, mobile apps, and integrations (collectively, the "Service").

Please read Section 14 (Mandatory Arbitration and Class-Action Waiver) carefully. It requires you to resolve disputes with us through individual binding arbitration and limits your right to participate in class actions, subject to a 30-day opt-out and a small-claims court carve-out.

1. Acceptance of these Terms

By creating an account, clicking "I agree," accessing the Service, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" includes that organization.

If you do not agree to these Terms, you must not use the Service.

2. Eligibility and minimum age

You must be at least 16 years old to create an account or use the Service. By creating an account, you represent and warrant that you meet this minimum age requirement. We do not knowingly collect personal information from individuals under 16. If we learn that an account has been created by someone under 16, we will close it and delete associated personal data as described in our Privacy Policy.

You must also have the legal capacity to enter into a binding contract in your jurisdiction, and you must not be barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.

3. Accounts: personal accounts and organization accounts

3.1 Personal account

When you sign up, we create a personal account in your name. You are responsible for:

Providing accurate, current, and complete information.
Keeping your credentials confidential and enabling multi-factor authentication when available.
All activity that occurs under your account.
Promptly notifying us at privacy@peakelephant.com if you suspect unauthorized access.

3.2 Organization accounts and organization admins

The Service is organized around organization workspaces. A personal account may create one or more organizations, join existing organizations by invitation, or both. Each organization has one or more organization admins who control the workspace, manage members, configure billing, and own the data and content created inside the workspace.

If you create or administer an organization, you agree that:

You are responsible for the conduct of your organization's members within the workspace.
You are responsible for ensuring that every member of your organization has the legal right to share with us the data they upload.
You authorize Peak Elephant to act on your instructions regarding the workspace, including providing access to additional admins you designate.
Billing and plan-level decisions for the workspace are made by the organization admin(s), not by individual members.

3.3 Members invited into an organization

If you are invited into an organization by an admin, you understand and agree that the organization controls the workspace and the data inside it. Your contributions to that workspace (tasks, comments, files, messages, mentions, AI prompts and outputs, and similar artifacts) are owned and controlled by the organization. See Section 5 for details.

4. Acceptable use

You agree that you will not, and will not permit any user under your control to:

Use the Service in violation of any law, regulation, or third-party right.
Upload, transmit, or generate content that is unlawful, defamatory, harassing, infringing, obscene, hateful, or that exploits or endangers minors.
Upload viruses, worms, ransomware, or other malicious code.
Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure; probe, scan, or test the vulnerability of any system; or interfere with the integrity or performance of the Service.
Reverse engineer, decompile, or disassemble the Service except to the extent that this restriction is prohibited by applicable law.
Use the Service to send unsolicited marketing or spam in violation of CAN-SPAM, CASL, GDPR, or similar laws.
Use the Service to train competing artificial intelligence models or to scrape data for that purpose.
Use the Service to process personal data of individuals located in jurisdictions where you have not obtained the legal bases required to do so.
Upload, or cause others to upload, special categories of personal data as defined in GDPR Article 9 (including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, or data concerning sex life or sexual orientation) or "sensitive personal information" as defined by California Civil Code §1798.140(ae) or the equivalent U.S. State Privacy Laws, except to the extent strictly necessary for the use case, with the lawful basis required for that processing, and after coordinating with Peak Elephant in writing at privacy@peakelephant.com.
Use AI-generated outputs from the Service as the sole basis for decisions about individuals that produce legal or similarly significant effects within the meaning of GDPR Article 22 or the equivalent U.S. State Privacy Laws — including hiring, firing, promotion, demotion, compensation, performance rating, disciplinary action, or denial of employment-related benefits. AI outputs may inform such decisions only as one of several inputs reviewed by a human decision-maker.
Resell, sublicense, or otherwise make the Service available to third parties except as expressly permitted.
Misrepresent your identity, your affiliation, or the source of any content.

We may suspend or terminate access for any account that violates this Section 4, with or without notice, depending on the severity of the violation.

5. Content ownership: customer content vs. our IP

5.1 Customer content

"Customer Content" means the data, files, text, prompts, AI outputs displayed inside the workspace, comments, project documents, meeting transcripts, invoices, and similar materials that you or your organization upload to or generate within the Service.

As between you and Peak Elephant, Customer Content is owned by the organization that owns the workspace where it lives. Where Customer Content is contributed by an individual member of an organization (for example, a comment, a task you create, a file you upload to a project), that member contributes the content to the organization, and the organization holds it in the workspace. This is the standard multi-tenant project-management pattern and is necessary for collaboration to be continuous when individual members leave.

5.2 License to Peak Elephant

You grant Peak Elephant a worldwide, non-exclusive, royalty-free license to host, store, transmit, copy, display, modify (for formatting and rendering purposes), and process Customer Content solely to provide, operate, secure, support, improve, and bill for the Service and as otherwise permitted by our Privacy Policy. We do not sell Customer Content, and we do not use Customer Content to train AI models that serve other customers.

5.3 Our intellectual property

The Service itself — including the Peak Elephant software, source code, designs, user interfaces, documentation, trademarks, logos, and the underlying machine-learning systems and prompt templates we build — is and remains the property of Peak Elephant LLC and its licensors. Nothing in these Terms transfers any of that intellectual property to you. You may not use our trademarks without our prior written consent.

5.4 Feedback

If you send us feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without obligation to you.

6. Third-party services and integrations

The Service integrates with third-party services such as Stripe (payments), Supabase (data hosting), Vercel (application hosting), Anthropic (Claude AI), OpenAI, Google Generative AI, Mailtrap (transactional email), Upstash (rate-limiting cache), and optionally Google Calendar, Microsoft Outlook, HubSpot, and Salesforce. A current list is maintained at https://www.peakelephant.com/subprocessors and in our repository at docs/legal/subprocessors.md.

When you enable a third-party integration, you authorize Peak Elephant to exchange data with that third party on your behalf and you accept that third party's own terms and privacy policy. We are not responsible for the practices of third-party services.

7. Beta and experimental features

We may label certain features as "Beta," "Preview," "Experimental," or similar. Beta features are provided as-is, without any service-level commitments, and may be modified or removed at any time. Beta features may have additional terms presented at the point of access; those additional terms govern your use of the Beta feature.

8. Fees, billing, and taxes

8.1 Plans

We offer free and paid plans. The features, limits, and prices of each plan are described at https://www.peakelephant.com/pricing and may change from time to time with notice.

8.2 Stripe-handled billing

Payment processing is handled by our payment processor, Stripe. By entering into a paid subscription, you agree to Stripe's Terms of Service and authorize recurring charges to your selected payment method. Peak Elephant does not store full payment-card numbers; those are handled directly by Stripe.

8.3 Automatic renewal, cancellation, and price changes

Automatic renewal disclosure. By selecting a paid plan you authorize Peak Elephant (through Stripe) to charge your selected payment method on a recurring basis, at the then-current price for the plan you selected, at the end of each billing period until you cancel. The cancellation method is described below.

Renewal cadence. Monthly plans renew every month on the calendar day you first subscribed. Annual plans renew every twelve (12) months on the calendar day you first subscribed.
How to cancel. You may cancel a paid plan at any time, without giving a reason, from inside the Service at Account Settings → Billing → Cancel plan, or by emailing privacy@peakelephant.com. If you cancel, you retain access until the end of the period you have already paid for; no further charges are made.
Renewal reminders. For annual plans (and any other term of twelve (12) months or longer), we will send a reminder email to the billing email on file at least 15 days and no more than 45 days before the renewal date, identifying the renewal date, the amount that will be charged, and a link to cancel. This satisfies the advance-notice requirements of California Business & Professions Code § 17602 and New York General Business Law § 527-a (and the equivalent provisions of similar U.S. state automatic-renewal laws).
Free trials. If we offer you a free trial and your account converts to a paid plan at the end of the trial, we will send an email at least three (3) and no more than ten (10) business days before the conversion identifying the conversion date and the amount that will be charged, and a link to cancel before the conversion.
Price changes. We will provide at least 30 days' notice of any price increase to your account email. The price increase takes effect at your next renewal after the notice period. Continued use of the Service after the effective date constitutes acceptance of the new price; if you do not accept the new price, your sole remedy is to cancel under the cancellation method above before the effective date.

For users who reside in jurisdictions whose automatic-renewal laws impose stricter requirements than those above, those local requirements apply in addition to (and not in place of) this Section 8.3.

8.4 Refunds

Except where required by law, fees are non-refundable. If you cancel a paid plan, you retain access until the end of the period you have already paid for.

8.5 Taxes

You are responsible for all sales, use, value-added, or similar taxes associated with your subscription, other than taxes on Peak Elephant's net income.

8.6 Past-due amounts

If a payment fails or remains past due, we may suspend or downgrade the workspace to a free tier and apply the data-retention rules described in our Privacy Policy until payment is resolved.

9. Termination

9.1 Termination by you

You may close your personal account at any time from your account settings. You may also delete an organization workspace if you are the sole owner. Closing a personal account or workspace triggers the retention lifecycle described in Section 10 and in our Privacy Policy.

9.2 Termination by us

We may suspend or terminate your access to the Service:

For material breach of these Terms, with notice when reasonably possible.
For violations of Section 4 (Acceptable use), immediately and without notice for severe violations.
For non-payment of fees after a reasonable cure period.
If required by law or by a binding order of a competent authority.

9.3 Effect of termination

On termination of an individual account, the lifecycle described in Section 10 applies. On termination of an entire organization workspace, the workspace and its data are placed in a 30-day grace period before deletion, except where legal hold, fraud-investigation, or tax-record requirements require us to retain specific records longer.

10. Data retention and effect on organization-owned content

The full retention model is described in the Privacy Policy. The summary that governs the Terms is:

Active accounts — all data is retained for the life of the account.
You cancel a personal account — your account enters a 30-day reactivation grace period. After that grace period expires, your personal identifiers (name, email, profile, avatar) are anonymized to "Former member." Your contributions to organizations (tasks, comments, files, AI prompts) remain in the organization workspaces where they were created, attributed to the anonymized identifier, because the organization needs continuity of work product.
You file a GDPR Article 17 erasure request or a CCPA right-to-delete request — your personal identifiers are replaced with a pseudonymous token; contributions may remain in pseudonymized form as permitted by GDPR Recital 26 and applicable law.
An organization workspace closes with no remaining users — the workspace and all its data are deleted after a 30-day grace period.
Backups — rotated out of our systems within 90 days.
Exceptions — legal hold, ongoing fraud or abuse investigations, and accounting records required by tax law are retained for the period required.

By creating content inside an organization workspace, you acknowledge and agree that organization-owned content will not be deleted from the organization simply because you leave or close your personal account, and that this is necessary for collaborative continuity.

Where Peak Elephant Processes Customer Content as a processor on behalf of a customer organization (within the meaning of the GDPR, the UK GDPR, the revFADP, or U.S. State Privacy Laws), the controller-to-processor terms are set out in the Data Processing Agreement, which the organization admin accepts as part of upgrading to a paid plan.

11. Warranty disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF AI OUTPUTS, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED. AI-GENERATED OUTPUTS MAY CONTAIN ERRORS AND SHOULD BE REVIEWED BY A HUMAN BEFORE BEING RELIED ON.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the exclusions in this Section 11 may not apply to you.

For paying Customers, the Peak Elephant Service Level Agreement at docs/legal/sla.md sets an availability commitment of 99.9% monthly uptime, with service-credit remedies. The SLA is the sole and exclusive remedy for any availability failure; nothing in the SLA changes the warranty disclaimer in this Section 11 except to the extent expressly set out in the SLA.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT WILL PEAK ELEPHANT, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) PEAK ELEPHANT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO PEAK ELEPHANT FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

Your indemnification obligations under Section 13;
Liability for direct infringement of the other party's intellectual property;
Liability that cannot be excluded or limited under applicable law (for example, gross negligence, willful misconduct, or, in some jurisdictions, personal injury).

These limitations are a material basis of the bargain between you and Peak Elephant and apply even if any limited remedy fails of its essential purpose.

13. Indemnification

13.1 By you

You will defend, indemnify, and hold harmless Peak Elephant LLC, its officers, directors, employees, and agents ("Peak Elephant Indemnitees") from and against any third-party claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your or your organization's use of the Service in violation of these Terms or applicable law;
Customer Content you uploaded or directed others to upload to the Service;
Your violation of any third-party right, including any intellectual-property, privacy, or publicity right;
Your breach of Section 4 (Acceptable use).

13.2 By Peak Elephant (intellectual-property infringement)

We will defend, indemnify, and hold harmless you and your organization, your officers, directors, employees, and agents ("Customer Indemnitees") from and against any third-party claim alleging that your authorized use of the Service, as provided by Peak Elephant and as permitted by these Terms, directly infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret of a third party.

The indemnity in this Section 13.2 does not apply to, and we will have no obligation for, any claim to the extent it arises out of or relates to:

Customer Content or any data, content, or material you or your users provided to the Service;
Your modification of the Service, or your combination of the Service with software, services, or data not provided by Peak Elephant, where the infringement claim would not have arisen but for that modification or combination;
Your continued use of the Service after we have notified you to stop because of an infringement claim or provided you with a non-infringing modification, replacement, or workaround;
Use of a Beta or Preview feature; or
Your breach of these Terms or any underlying license restriction.

13.3 Sole remedy and remedial options

If a claim within the scope of Section 13.2 is brought, or in our reasonable judgment is likely to be brought, we may at our option and expense (i) procure for you the right to continue using the affected portion of the Service, (ii) modify the affected portion to be non-infringing while substantially preserving its functionality, or (iii) if neither (i) nor (ii) is commercially reasonable, terminate the affected portion of the Service and refund any prepaid, unused fees for that portion. Section 13.2 together with this Section 13.3 states our entire liability and your exclusive remedy for any third-party intellectual-property claim relating to the Service.

13.4 Procedure

The indemnified party will (i) promptly notify the indemnifying party of any claim subject to this Section 13, (ii) give the indemnifying party sole control over the defense and settlement (provided that any settlement requires the indemnified party's prior written consent if it would impose any obligation on the indemnified party other than payment fully covered by the indemnity), and (iii) cooperate at the indemnifying party's expense.

13.5 Cap

Peak Elephant's aggregate liability under Section 13.2 and 13.3 is subject to the overall limitation of liability in Section 12(b). Your indemnification obligations under Section 13.1 are not subject to that cap, as expressly provided in Section 12(c).

14. Mandatory binding arbitration and class-action waiver

Please read this section carefully. It limits how you can resolve disputes with Peak Elephant.

14.1 Agreement to arbitrate

You and Peak Elephant agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including the formation, breach, termination, validity, interpretation, or enforceability of these Terms ("Dispute"), will be resolved by final and binding individual arbitration, except for Disputes that qualify for the small-claims carve-out in Section 14.4 or for claims to enjoin actual or threatened infringement of intellectual-property rights.

14.2 Arbitration rules and forum

Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, including the Consumer Arbitration Rules where applicable. Arbitration will be conducted by a single neutral arbitrator. The seat of arbitration is Albuquerque, New Mexico, USA; the language of arbitration is English; and the law applied is the substantive law of the State of New Mexico (without regard to its conflict-of-laws rules). Either party may participate remotely.

14.3 Class-action waiver

Arbitrations are conducted on an individual basis only. Neither you nor Peak Elephant may bring a Dispute as a class, collective, consolidated, mass, representative, or private-attorney-general action. The arbitrator has no authority to consolidate claims or to hear them on a class basis. If a court of competent jurisdiction finds this Section 14.3 unenforceable as to a particular claim, that particular claim will proceed in court and the remainder of Section 14 will continue to apply to all other claims.

14.4 Small-claims carve-out

Either party may bring an individual claim in a small-claims court of competent jurisdiction in lieu of arbitration, provided that the claim qualifies under that court's jurisdictional rules and remains in small-claims court.

14.5 Opt-out (30 days)

You may opt out of Section 14 (Mandatory binding arbitration and class-action waiver) by sending a signed written notice to privacy@peakelephant.com within 30 days of the date you first accept these Terms. The notice must include your full name, account email, postal address, and a clear statement that you opt out of arbitration. If you opt out, Disputes will be resolved in the state or federal courts located in Bernalillo County, New Mexico, and you and Peak Elephant consent to the personal jurisdiction of those courts.

14.6 Notice and good-faith pre-arbitration negotiation

Before initiating arbitration, you and Peak Elephant agree to attempt to resolve any Dispute informally for at least 30 days after one party sends written notice of the Dispute to the other (in our case, by email to privacy@peakelephant.com with the subject line "Dispute Notice").

14.7 Survival and severability

This Section 14 survives termination of these Terms. If any portion of Section 14 (other than Section 14.3) is held unenforceable, the remainder will continue in effect.

15. Governing law and venue

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 14, the state and federal courts located in Bernalillo County, New Mexico have exclusive jurisdiction over any Dispute that is not resolved in arbitration.

16. Modifications to the Service and the Terms

We may modify the Service from time to time, including by adding, removing, or changing features. For material modifications to these Terms, we will notify you at least 30 days in advance by posting the updated Terms at https://www.peakelephant.com/terms and by email to the account email on file. Continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, your sole remedy is to stop using the Service and close your account.

17. Notices

Notices to you may be sent to the account email on file or shown in the Service. Notices to Peak Elephant must be sent in writing to:

Peak Elephant LLC 601 High St NE Albuquerque, NM 87102, USA Email: privacy@peakelephant.com

18. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, provided that the successor agrees to be bound by these Terms.

19. Force majeure

Neither party is liable for failure or delay in performing its obligations under these Terms (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, pandemics, government action, internet or telecommunications failures, or third-party-service outages.

20. Severability and waiver

If any provision of these Terms is held invalid or unenforceable, the remainder will continue in effect. Failure to enforce any right under these Terms is not a waiver of that right.

21. Entire agreement

These Terms, together with the Privacy Policy, the Subprocessor list, the Data Processing Agreement (once accepted by your organization), the Service Level Agreement (for paying Customers), and any order forms, plan documents, or written addenda we sign with you, constitute the entire agreement between you and Peak Elephant regarding the Service and supersede any prior agreements between us on the subject matter.

22. Export controls and sanctions

You represent that you are not located in, and you will not use the Service from, a country or region subject to U.S. trade sanctions, and you are not on any U.S. or other applicable government restricted-party list.

23. U.S. government end users

If you are a U.S. government end user, the Service is "commercial computer software" and "commercial computer software documentation" as those terms are used in FAR 12.212 and DFARS 227.7202, and your rights are limited to those granted by these Terms.

24. Questions

Questions about these Terms can be sent to privacy@peakelephant.com or to the postal address in Section 17.

Questions about this document? Contact privacy@peakelephant.com.