TOS PEAK DEMAND INC.

1. INTRODUCTION AND ACCEPTANCE OF TERMS

Welcome to Peak Demand Inc., a digital marketing agency headquartered in Toronto, Ontario, Canada. Our services provide a comprehensive platform for sales funnel management, content creation, social media management, and other associated digital marketing services ("Services"). These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Peak Demand Inc., concerning your access to and use of our Services. The Services are provided subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Peak Demand Inc.'s Privacy Policy) and procedures that may be published from time to time by Peak Demand Inc. (collectively, the "Agreement"). By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of our Services.

2. USER ACCOUNTS AND LOGIN CREDENTIALS

In order to use certain features of our Services, you must register for an account with Peak Demand Inc. ("Account") and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law or regulation or the terms of this Agreement. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Peak Demand Inc. of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Peak Demand Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

3. USER OBLIGATIONS AND CONDUCT

As a user of the Services, you agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Services and any related activities. In addition, you warrant that you will not use the Services in any way that is prohibited by these terms, conditions, and notices. This includes, without limitation, use of our Services for purposes that are illegal, fraudulent, infringe on the rights of any person or entity, interfere with the operation of our Services, or use our Services to distribute harmful or offensive content. Peak Demand Inc. reserves the right to terminate or suspend your Account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the terms of this Agreement.

4. PRIVACY AND DATA USE

Peak Demand Inc. takes your privacy seriously. Any information provided to Peak Demand Inc. is subject to our Privacy Policy, which governs our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated into these Terms by reference, and by using the Services, you consent to the collection and use of your personal data as outlined therein. Furthermore, if applicable, you may also be responsible for collecting and maintaining data from your customers. You represent and warrant that such data will be collected, maintained, used, and shared in compliance with all applicable laws and regulations regarding data privacy and data protection, and that you have obtained all necessary permissions and consents.

5. PAYMENTS AND BILLING

a. General. By selecting a service you agree to pay Peak Demand Inc. the one-time and/or monthly or annual subscription fees indicated for that service (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for a monthly or annual subscription period as indicated.

b. Fees. Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.

c. Payment Methods. All payments are due and payable in U.S. Dollars unless otherwise indicated. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Peak Demand Inc. at the prices in effect when such charges are incurred.

d. Billing Cycle. You agree that Peak Demand Inc. may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice (receipt of which is confirmed by us) that you have terminated this authorization or wish to change your payment method.

e. Late Payments. If any amount due is not received by Peak Demand Inc. by the due date, then without limiting Peak Demand Inc.'s rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) Peak Demand Inc. may condition future subscription renewals on payment terms shorter than those specified herein.

f. Taxes. You shall be responsible for all sales, use, value-added, and other governmental taxes, duties, levies, fees, charges, or surcharges imposed on the Services under applicable law, excluding taxes based on Peak Demand Inc.'s net income.

g. No Refunds. All fees, charges, and payments collected or paid to Peak Demand Inc. are nonrefundable. Peak Demand Inc. reserves the right, but is not obligated, to issue refunds, discounts, or credits at its sole discretion.

6. SUSPENSION OF SERVICE

Peak Demand Inc. reserves the right to suspend your access to and use of the Services in the event of any non-payment of any amounts due. Any suspension of the Services by Peak Demand Inc. under the preceding sentence shall not relieve you of your payment obligations under the Agreement.

7. THIRD PARTY SERVICES AND CONTENT

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Peak Demand Inc. has no control over such sites and resources, and you acknowledge and agree that Peak Demand Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Peak Demand Inc. will 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 site or resource. You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites.

8. PLATFORM MODIFICATIONS AND UPDATES

Peak Demand Inc. reserves the right, at its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Services.

9. EXCESSIVE USE RESTRICTIONS

Peak Demand Inc. may place certain restrictions on the use of the Services in the event of excessive use, as determined solely by Peak Demand Inc. These restrictions may include, but are not limited to, requiring you to upgrade to a different service level or temporarily or permanently suspending your access to the Services. You agree to comply with any such restrictions as notified to you by Peak Demand Inc. The determination of what constitutes excessive use shall be made by Peak Demand Inc. in its sole discretion.

10. INTELLECTUAL PROPERTY RIGHTS

All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of Peak Demand Inc. and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Nothing in the Terms of Service gives you a right to use the Peak Demand Inc. name or any of the Peak Demand Inc. trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

11. LIMITATIONS OF LIABILITY AND DISCLAIMERS

The Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. Peak Demand Inc. specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of the course of dealing or usage of trade. Peak Demand Inc. takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

12. INDEMNITY

You agree to defend, indemnify, and hold harmless Peak Demand Inc., its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.

13. CHANGES TO TERMS

Peak Demand Inc. may, at its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If we make changes that we believe will substantially alter your rights, we will notify you by sending you a notification or by posting on our website. Your continued use of the Services after such changes are implemented constitutes your acceptance of the changes. Please review these Terms periodically for changes.

14. SEVERABILITY

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect. Peak Demand Inc.'s failure to assert any right or provision under these Terms of Service does not constitute a waiver of such right or provision.

15. ENTIRE AGREEMENT

The Terms of Service, Privacy Policy, and any amendments and additional agreements you might enter into with Peak Demand Inc. in connection with our Services, shall constitute the entire agreement between you and Peak Demand Inc. concerning the Services. If there's any conflict between these Terms of Service and the new terms, the new terms will prevail.

16. WAIVER

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Peak Demand Inc.'s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

17. FORCE MAJEURE

Peak Demand Inc. shall not be held liable for any delay or failure in performance of any part of this agreement from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slow downs over the internet or any third party internet service providers.