PeakSEO.ai, LLC — Legal
Terms of Use
1. Introduction
PeakSEO.ai, LLC is in the business of providing high quality SEO services. This Terms of Use for PeakSEO.ai, LLC is an agreement (the “Agreement”) between PeakSEO.ai, LLC (together with its affiliated companies and brands worldwide, collectively, “PeakSEO.ai, LLC”, “we” or “us”) and you (a “Visitor” or “User” or “you”) as a user of the website and the related services offered by PeakSEO.ai, LLC.
Before you visit our website or use our PeakSEO.ai, LLC technology, you agree to read this Agreement and agree to be bound by the Agreement and our related PeakSEO.ai, LLC Privacy Policy.
We may update this Agreement or the PeakSEO.ai, LLC Privacy Policy. If you disagree with any terms of this Agreement, then you should immediately cease visiting PeakSEO.ai, LLC and stop using the related services on the PeakSEO.ai, LLC technology.
2. Visitor and User Information
Our PeakSEO.ai, LLC Privacy Policy specifies the two types of information collected from Visitors and Users: 1) Non-personal Information and 2) Personal Information. Non-personal Information includes, but is not limited to, your IP address, zip code, common business information and interactions with our PeakSEO.ai, LLC technology. Such information does not allow PeakSEO.ai, LLC to identify the Visitor or User. Personal Information is individually identifiable information, including, but not limited to, name, email, telephone number, website, business information, billing details, address, keyword targets, conversion traffic and published content. In general, PeakSEO.ai, LLC collects the information when you visit PeakSEO.ai, LLC and are asked to provide certain information so that we may contact you and ascertain what related services you desire. Please visit our PeakSEO.ai, LLC Privacy Policy for more details related to our collection and use of your information.
By visiting our website and entering company information, you represent and warrant that you are authorized by your company to enter into this Agreement, incur the financial obligations and use the services of PeakSEO.ai, LLC on behalf of your company.
3. Connector
Your use of PeakSEO.ai, LLC technology is a personal, non-exclusive, revocable, limited term granted by us to you after you have registered and paid, as required, to use the PeakSEO.ai, LLC related services. If you breach any agreement including the policies set forth in this Agreement, PeakSEO.ai, LLC may revoke the technology provided or restrict access by you to PeakSEO.ai, LLC technology and related services. Moreover, as a customer in using PeakSEO.ai, LLC services, no ownership rights are transferred to you as a User. If PeakSEO.ai, LLC fails to revoke your technology or restrict access, such failure on our part does not constitute a waiver of your conduct.
4. Services
PeakSEO.ai, LLC is in the business of providing high quality SEO services to increase organic traffic to your website through our proprietary software, original content, website development and best in class SEO consulting. We use our reasonable efforts as measured in our industry, but we can not guarantee results as numerous factors may effect our services that are beyond our control. You understand that your revenue and search engine traffic may not increase and you accept our services “as is”. In establishing a commercial relationship with us, you understand there are certain risks and factors beyond our control such as:
- PeakSEO.ai, LLC does not control the policies of various search engines and their respective algorithms, and therefore, PeakSEO.ai, LLC is not responsible for how such policies may change a User’s search engine rankings or how such search engine technologys interact with a User’s website.
- PeakSEO.ai, LLC relies on our Users to disclose keywords, useful content and knowledge of its industry to help PeakSEO.ai, LLC provide its services. PeakSEO.ai, LLC’s services are dependent on the accuracy of its Users, and therefore, we cannot guarantee an increase in search engine ranking.
- PeakSEO.ai, LLC operates in a fast-paced, technological field and our services or expertise we provided a User, may be dated or become obsolete in the future.
By using our PeakSEO.ai, LLC technology, you release us from any liability related to our services as you understand the risks and external factors that our beyond our control.
5. User Conditions
By becoming a commercial User, you agree to provide PeakSEO.ai, LLC with access to all information necessary to provide its services, including, but not limited to, your website’s architecture, software codes, data, documents, keyword search terms, content, art and any other information that PeakSEO.ai, LLC would commercially reasonably need to provide its best-in class services. Any failure or lack of access to such information may prevent PeakSEO.ai, LLC from delivering its commercial obligations to you, and therefore, you shall not request any refund from PeakSEO.ai, LLC as a result of your failure or inaction.
6. PeakSEO.ai, LLC Technology
PeakSEO.ai, LLC’s Technology, proprietary source code, software, UI/UX, dashboard and other related services on its technology are the sole property of PeakSEO.ai, LLC. By using PeakSEO.ai, LLC technology you agree to the following:
- You will not “scrape” , extract, disassemble, or distribute any data on the PeakSEO.ai, LLC technology;
- You will not interfere with PeakSEO.ai, LLC’s server or any communications or transmissions related to the technology;
- You will not use any “bots” or automated applications to interfere or interact with PeakSEO.ai, LLC technology;
- Your agreement to use the PeakSEO.ai, LLC technology is yours only and you may not give any third party access to the PeakSEO.ai, LLC technology through your agreement;
- You may not create derivative works or try to improve the PeakSEO.ai, LLC technology, in whole or in part, and you may not modify, rent, sell, lease, loan, distribute the PeakSEO.ai, LLC technology, in whole or in part, to any third party;
- You may not violate PeakSEO.ai, LLC privacy policy;
- You may not misrepresent yourself or your entity in using PeakSEO.ai, LLC technology;
- You may not use PeakSEO.ai, LLC technology to violate any rules, requirements or regulations, local or federal;
- You may not use PeakSEO.ai, LLC technology to cause any civil or criminal harm to others.
- You agree that you will not hold PeakSEO.ai, LLC responsible for your use of PeakSEO.ai, LLC technology and its associated partners, websites, employees, agents and entities; and
- You agree not to alter or interfere in any way, directly or indirectly, the PeakSEO.ai, LLC technology or its related services, including any de-indexing or de-caching of any portion of PeakSEO.ai, LLC technology and its original content from a thirty party’s website, such as by requesting its removal from a search engine portal.
If you undertake any of the actions above, PeakSEO.ai, LLC will immediately give you notice and may take any and all actions to remedy any damage, including, but not limited to, terminating our commercial relationship with you and preventing you from having access to our PeakSEO.ai, LLC technology.
7. User Content
In order for us to provide certain services to you, you may be required to provide us with certain information, images, references, data or any other information that is useful for us to provide best-in class service to you (“User Content”). Please note that if we believe any User Content may be harmful to PeakSEO.ai, LLC technology, we reserve the right to either remove, edit or modify such User Content. In addition, we cannot guarantee the safety or security of any User Content that you transmit to us to use on PeakSEO.ai, LLC technology beyond what is customary for our industry.
Moreover, you represent and warrant that you have ownership and permission over the User Content and such transmission to PeakSEO.ai, LLC will not violate the rights of any third party. In transmitting such User Content, you grant PeakSEO.ai, LLC, its partners, affiliates, representatives, employees and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable agreement to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content to provide our services to you.
8. Privacy Policy
We continually maintain and update our privacy policy and value your privacy concerns. The PeakSEO.ai, LLC Privacy Policy is incorporated into this Agreement and it governs your privacy concerns in relation to our services to you.
9. System Interruptions
PeakSEO.ai, LLC uses third party platforms to host and maintain our technology. Therefore, we cannot control nor predict if there any disruptions to our technology as a result of such third party platforms not fulfilling their obligations or any “acts of god” that prevent our technology from being available to you. PeakSEO.ai, LLC continually strives to make sure any downtime is limited and does not materially affect our best-in class services to you.
10. Technology Changes
PeakSEO.ai, LLC operates in a rapidly changing industry, and therefore, we reserve the right, at any time and for any reason, legal or otherwise, to make any changes we deem necessary to improve our technology and related services.
11. Payments
PeakSEO.ai, LLC negotiates and agrees with its Users the preferred method of payment before commercial engagement. Some methods of payment depend upon third party payment processors and such payment processors’ terms and conditions, including any fees, taxes and other administrative third party payment costs. When applicable, you must agree to our third party payment processors terms and conditions and give accurate, complete and current information for processing payments. If you fail to pay or agree to such third party payment conditions, we reserve the right to suspend or terminate our services without any liability to us.
12. Taxes
Local and federal tax rules and regulations are constantly changing. In the future if PeakSEO.ai, LLC requests any taxes to be paid by you as a result of providing our PeakSEO.ai, LLC technology to you, then you agree to pay such taxes.
13. Automatic Payments
Before commercial engagement, for some Users we request to have a credit card on file to be charged for recurring services that are on an automatic payment plan (“Automatic Payment”). You authorize PeakSEO.ai, LLC to charge such Automatic Payment to be paid for our services. In addition, for some Users have campaign achievements and monthly renewals for service. You authorize PeakSEO.ai, LLC to charge for such payments after the campaign achievements or monthly renewal for service is due. If at anytime you wish to cancel our services, you may do so by notifying your PeakSEO.ai, LLC representative. Upon cancellation, you may have immediate restriction from accessing certain features of our services or the PeakSEO.ai, LLC technology. Moreover, PeakSEO.ai, LLC shall have no liability for any User Content to be deleted, removed, modified and transferred.
14. Pricing
PeakSEO.ai, LLC has provided our pricing on our website. We reserve the right to change such pricing in order to stay competitive in our industry and continue to offer best-in class services. The Terms and Conditions apply to all available pricing agreements.
15. Refunds
All services are final as PeakSEO.ai, LLC has considerable upfront costs in delivering our best-in class services. If you are ever dissatisfied with our services, you should speak to your designated PeakSEO.ai, LLC representative and PeakSEO.ai, LLC’s management shall try to work on achieving a solution in the best interests of everyone.
16. Intellectual Property
PeakSEO.ai, LLC and its affiliated entities’, marks, designs, graphics, dashboard, copyrights, trademarks, logos, websites, software, source code and all other intellectual property created now and in the future, are protected by intellectual property rights under state, federal and international laws and regulations. You agree not to use, copy or distribute any intellectual property of PeakSEO.ai, LLC without our express written consent.
17. Disclaimer
PeakSEO.ai, LLC TECHNOLOGY AND RELATED SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND PeakSEO.ai, LLC, ITS AFFILIATED ENTITIES, EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PeakSEO.ai, LLC SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PeakSEO.ai, LLC MAKES NO WARRANTY OF ANY KIND THAT THE TECHNOLOGY, SOFTWARE, RELATED SERVICES AND DOCUMENTATION, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE TECHNOLOGY, RELATED SERVICES OR THE SERVER THAT MAKES THE TECHNOLOGY AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS.
Any comparisons made between PeakSEO.ai, LLC and its competitors, including but not limited to feature descriptions, pricing, or performance metrics, are based on publicly available data and conducted in good faith. These comparisons are not intended to mislead or misrepresent, and PeakSEO.ai, LLC encourages users to independently verify such information. Any savings or performance claims should be evaluated in the context of individual use cases.
PeakSEO.ai, LLC is a suite of advanced SEO and AI tools designed to assist with research, optimization, and implementation. However, due to the complex and dynamic nature of search engine algorithms and external factors beyond our control, we do not guarantee specific ranking or traffic outcomes. SEO results depend on a variety of factors including, but not limited to, site content, technical health, competition, algorithm updates, and consistent strategic execution by the user.
18. Limitation of Liability
IN NO EVENT WILL PeakSEO.ai, LLC, ITS AFFILIATED ENTITIES, EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES RELATED TO THE TECHNOLOGY OR OUR SERVICES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS RELATED TO THE TECHNOLOGY OR OUR SERVICES ; (c) LOSS OF GOODWILL OR REPUTATION RELATED TO THE TECHNOLOGY OR OUR SERVICES; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY RELATED OT THE TECHNOLOGY OR OUR SERVICES; (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PeakSEO.ai, LLC WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE; (f) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR TECHNOLOGY VIA A THIRD PARTY; OR (g) ANY ACTION RELATED TO THIRD PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. DESPITE THE FOREGOING, IN THOSE STATES THAT DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, IN NO EVENT WILL PeakSEO.ai, LLC’S AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNTS PAID TO PeakSEO.ai, LLC OVER THE LAST SIX (6) MONTHS TO USE OUR TECHNOLOGY AND RELATED SERVICES.
19. Indemnity
You agree to defend, indemnify and hold harmless PeakSEO.ai, LLC, its affiliated entities, its officers, directors, managers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from:
- your violation of this Agreement;
- your use of PeakSEO.ai, LLC technology and related services;
- your actions, direct or indirect that impede or restrict third parties to freely access PeakSEO.ai, LLC technology and related services; or
- your violation of any third party rights, including without limitation, any intellectual property or contractual right.
This indemnification provision survives this Agreement and your use of PeakSEO.ai, LLC technology and related services. You agree that to defend us over any claims brought as a result of the foregoing and we reserve the right to choose our counsel to defend at your costs, including any fees, court costs, investigations and other related disbursements. In the event that we choose to settle any claim related to the foregoing, you agree that such settlement is at our discretion and at your costs.
20. Governing Law
This Agreement shall be governed by the laws in force in the state of Rhode Island. The offer and acceptance of this contract is deemed to have occurred in the state of Rhode Island.
21. Arbitration
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Rhode Island, before one arbitrator selected by the American Arbitration Association. In the event that the parties cannot reach an agreement on an arbitrator, the arbitrator shall be selected by the arbitrator selection procedures established by the American Arbitration Association. The arbitration shall be held, and the award shall be rendered, in the English language. The arbitration shall be administered in accordance with the American Arbitration Association’s Commercial Arbitration Rules in effect as of the date you first entered into a contractual relationship with us. Judgment on the award may be entered in any court having jurisdiction. Each party shall bear its own costs and split the arbitration fees. If a party shall fail to pay its share of the arbitration costs, then the party advancing costs for arbitration may charge interest at the highest rate permissible by law on such non-payment amount and receive reimbursement for reasonable legal fees and collection costs. Each party acknowledges and agrees that such non-payment provision is reasonable and necessary. Notwithstanding the foregoing, no party shall be responsible for another party’s legal expenses incurred in relation to any arbitration.
22. Class Action Waiver
You and PeakSEO.ai, LLC agree that any proceedings to resolve or litigate any dispute whether through arbitration or a court of law shall be solely conducted on an individual basis and you agree not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
23. Severability; No Third Party
If any one or more of the provisions of this Agreement should be ruled wholly or partly invalid or unenforceable by a court or other governmental body of competent jurisdiction, then the validity and enforceability of all provisions of this Agreement not ruled to be invalid or unenforceable shall be unaffected. This Agreement shall not confer upon any third party rights or remedies hereunder, other than the parties hereto, under any legal theory
24. Non-Waiver
Any non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
25. Assignment and Survival
You may not assign any rights under this Agreement to any third party without our express written consent. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, Indemnification, and Arbitration sections.
26. Termination
Our commercial engagement usually involves month to month or longer-term engagements. Please be aware that upon termination of your account, access to portions of our PeakSEO.ai, LLC technology and our related services may be become immediately disabled. PeakSEO.ai, LLC reserves the right to terminate its commercial agreement with you if: (1) you have violated any applicable laws while using our PeakSEO.ai, LLC technology; (2) if you have violated this Agreement; or (3) if we believe that any of your actions may legally harm PeakSEO.ai, LLC, our business, our reputation or our business interests, at our sole decision or discretion.
27. Entire Agreement
This Agreement and our PeakSEO.ai, LLC Privacy Policy is the final, complete, and exclusive statement of the parties’ agreement on the matters contained in this Agreement and the PeakSEO.ai, LLC Privacy Policy. It supersedes all previous negotiations and agreements of the parties. The parties shall not amend this Agreement, except by an agreement in writing, signed by both parties.
28. Amendments
We are a technology company and the rules and regulations constantly change in our industry. Therefore, we may amend this Agreement at any time and in the near future. If we do, we may notify you and post the most recent update to this Agreement. If you do not agree with any amendment, then you must cease immediately to use our PeakSEO.ai, LLC technology or any of our related services.
29. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Agreement, each party shall be and act as an independent contractor and not a partner, joint venture, or agent of the other and shall not bind nor attempt to bind the other to any contract.
30. Support
Where you have any questions, issues, or if you are having trouble accessing or using the PeakSEO.ai, LLC technology, please contact your PeakSEO.ai, LLC representative immediately.
31. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about PeakSEO.ai, LLC must be sent to your PeakSEO.ai, LLC associate immediately.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Privacy Policy
1. Introduction
PeakSEO.ai, LLC is in the business of providing high quality SEO services and in order to be best in class in our industry we must collect certain information. PeakSEO.ai, LLC strives to protect information collected from paid users (each, “User”, or “you”), in connection with their access to and use of PeakSEO.ai, LLC website (including any of its subdomains, the “Website”), our PeakSEO.ai, LLC tools, and related services (the “Services”). PeakSEO.ai, LLC’s Privacy Policy (“Privacy Policy”) describes how we (PeakSEO.ai, LLC) collect and use your information in providing our Services.
Before you visit our website or use our Services, we encourage you to read this Privacy Policy to understand when, why and how we collect and use your personal information. Any contract entered between you and us shall govern any specific terms that may be in conflict with this Privacy Policy. Any applicable data privacy laws shall also remain in full effect despite this Privacy Policy.
After reading our Privacy Policy, if you disagree or oppose our data privacy practices, you must immediately leave PeakSEO.ai, LLC and avoid or discontinue any of our Services. If have any questions or concerns regarding this Privacy Policy, please contact a PeakSEO.ai, LLC representative.
2. What Information Does PeakSEO.ai, LLC collect?
2.1. Visitor and User Information
We collect two types of information from Users: 1) Non-personal Information and 2) Personal Information.
Non-personal Information is un-identified and non-identifiable information pertaining to a User, which may be made available to us, or collected automatically via his/her use of the Services. Examples of Non-personal Information include, but is not limited to, your IP address, zip code, browsing history, search history, interactions with our PeakSEO.ai, LLC website, location, referring URL, browser, operating system, Internet service provider, data usage, data transferred, and clicks on our outreach campaigns. Such Non-personal Information does not enable us to identify the User from whom it was collected.
Personal Information is individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual, or may be of private or sensitive nature. Examples of Personal Information include, but is not limited to, your name, email, telephone number, website, business information, billing details, address, keyword targets, conversion traffic and published content. For the avoidance of doubt, any Non-personal Information that is connected or linked to Personal Information (for example, in order to improve the Services we offer) is deemed and treated by us as Personal Information, as long as such connection or linkage exists.
3. How do we collect such information?
There are two ways we collect your information:
- Initially, we collect information when you visit our website. Typically, a first time User will provide us their name, email, phone, domain, and what Services they would like us to provide.
- After you have expressed the desire to use our Services, we collect additional information from you over email correspondence and phone conversations you have with our customer sales team. In addition to the information above, we collect information voluntarily from you, including but not limited to, the following: site goals, marketing and budget, location, keyword targets, data reporting.
We also may collect information from third party sources as described in Section 8 below.
4. Use of Your Information
We collect your Non-personal and Personal Information for the following purposes:
- To provide and operate our Services;
- To provide our customer dashboard to you;
- To enhance or improve your experience;
- To contact you via email, phone or other electronic communications when you have an inquiry about our Services;
- To notify you of current trends, newsletters, improvements in our Services and other updates;
- To process your transactions; and
- To comply with any applicable laws and regulations.
5. Anonymized Data
You should know that we may collect and aggregate personally identifiable information from our website and may anonymize that information for our own research or internal purposes. Once such data has been anonymized, it cannot be traced back to you.
6. Where do we store your information?
PeakSEO.ai, LLC Users’ Personal Information may be maintained, processed and stored by PeakSEO.ai, LLC and our authorized affiliates and service providers in the United States of America, and in other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law. PeakSEO.ai, LLC affiliates and service providers that store or process your Personal Information on PeakSEO.ai, LLC’s behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
7. Sharing personal information with third parties
We may share your Personal Information with third parties (or otherwise allow them access to it) only in the following manners and instances:
7.1. Third Party Services:
We have partnered with a number of selected service providers, such as billing and payment processing services, web analytics, e-mail distribution and monitoring services, performance measurement, data optimization and marketing services, content providers, and our legal and financial advisors (collectively, “Third Party Service(s)”).
Such Third Party Services may receive or otherwise have access to our Users’ Personal Information and/or Users-of-Users’ Personal Information, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our Services and business, and may only use it for such purposes.
You hereby agree that we may use and share your Personal Information to such Third Party Services for the purpose of operating and maintaining our best in class Services to you. Moreover, you agree that we shall not be held vicariously liable for such Third Party Services’ actions with respect to your Personal Information and any legal action should be taken directly against them if they violate any privacy laws or other actionable wrong with respect to your information.
7.2. Law Enforcement:
Where permitted by local data protection laws, we may disclose or otherwise allow others access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have good faith belief that the law requires us to do so, with or without notice to you. You agree to release us from any damages that may arise from or relate to the release of your information to a request from any legal request or private litigants.
7.3. Protecting Rights and Safety:
We may share your Personal Information with others if we believe in good faith that this will help protect the rights, property or personal safety of us, you, or any member of the general public, with or without notice to you.
7.4. Subsidiaries and Affiliated Companies:
We may share Personal Information, for the purposes described in this Privacy Policy. In addition, should we or any of our affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event. If we have good faith that such change in control might materially affect your Personal Information stored with us, we will notify you via e-mail and/or prominent notice on our Website of this event and certain choices you may have regarding your Personal Information.
8. Use of cookies and other tracking technologies
We use cookies so that we can understand how you interact with our website and to improve the overall performance of our Services. A cookie is a small data file that is downloaded and stored on your device. Typically cookies allow companies to streamline the content that you see on your device and ensure the security of your online experience. We only use first party cookies on our website.
If you want to delete or block any cookies, then you should modify your browser so that you are given notice whenever a cookie is being placed on your computer. Your help section on your browser should guide you in removing cookies. In addition, information on deleting or controlling cookies is available at www.aboutcookie.org.
Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services, or may otherwise adversely affect your user experience.
9. Communications
9.1. Promotional Messages and Newsletters:
If you provide us with your contact information, you understand that we may use your Personal Information to send you communications via text and emails. For example, we send our Users newsletters to keep them up to date with the latest updates for our Services and industry.
If you do not wish to receive such promotional messages, our newsletter or calls, you may notify us at anytime by sending a notification to a PeakSEO.ai, LLC. representative.
9.2. Service and Billing Messages:
We may contact you to better improve our Services to you such as how improve our technology. We may also contact you if there is an issue related to billing. It is important that you are always able to receive such messages. For this reason, you are not able to opt-out of receiving such service and billing messages unless you are no longer a User.
10. Protection of Personal Information
We do our best to protect your information. However, the Internet is constantly transforming and therefore we can make no guarantees as to the security or privacy of your information. It is imperative that you take active measures to use the latest anti-virus software, routine credit checks, firewalls and other precautions to protect your information.
11. California Privacy Rights
We have numerous customers who are residents of the State of California and we comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you are entitled to request certain information regarding disclosure of your personal information to any 3rd parties for their direct marketing purposes. We do not forward or monetize any information we collect from you to 3rd parties for any marketing or related purposes. If you have any questions about our collection of your information, you may contact us a PeakSEO.ai, LLC. representative.
12. Data Retention
So long as you are a User and maintain an active account with us, we may retain your Personal Information to provide you with our Services. We may retain your personal information even after you discontinue being a client to reasonably comply with certain legal obligations we may have and/or to protect or enforce our rights and agreements. When we no longer need your information, we will permanently delete your information.
13. 18+ to use our Services
We comply with U.S. and international laws with respect to protecting children’s privacy information including COPPA. Therefore, we do not collect or process any information from Users unless such persons are 18 years or older. In the event that we have any information from a minor, you must contact us immediately so that we may delete it.
14. Updates to our Privacy Policy
We may update this Privacy Policy as required by applicable law, and to reflect changes to our information collection, usage and storage practices. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you or modify the date listed for this agreement with you. We encourage you to periodically review this page for the latest information on our privacy practices.
Unless stated otherwise, our most current Privacy Policy applies to all information that we have about you with respect to our website and other Services. By continuing to use our Services, you agree with any changes or modifications that we may make to our Privacy Policy.
15. Limited Use Requirements:
PeakSEO.ai, LLC’s use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
16. User Consent for AI Apps
PeakSEO.ai, LLC does not share any sensitive data with third-party tools (such as AI models).
Data Privacy Agreement
This Agreement is entered into by and between PeakSEO.ai, LLC (“Company”) and our users (“Customer”).
RECITALS
WHEREAS, the Company acknowledges the sensitive nature of the Data and the importance of protecting the confidentiality and security of such Data;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the parties agree as follows:
1. DATA PROTECTION
1.1. Use of Data:
The Company shall access and use the Data solely for the purposes of providing the services agreed upon with the Customer. The Data shall not be used for any other purpose unless expressly authorized in writing by the Customer.
1.2. No Aggregation:
The Company shall not use the Data in any aggregated reports or any other compilations intended for distribution or sharing outside the scope of the services rendered to the Customer.
1.3. Access Restriction:
The Data is only accessible within the Customer’s account to the Customer’s team users and within their profile. The only exception being the Company’s SEO strategy team, which may access the Data solely for the purpose of working with the Customer on specific SEO campaigns.
2. NON-DISCLOSURE
2.1. Confidentiality:
The Company acknowledges that the Data is confidential and shall take all reasonable steps to ensure the confidentiality and security of the Data.
2.2. No Sale or Sharing:
The Company shall not sell, lease, or share the Data with any third party, nor shall it allow any third party to access the Data, except as expressly provided in this Agreement or as required by law.
3. SECURITY MEASURES
The Company shall implement and maintain appropriate technical and organizational measures to protect the Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, alteration, or disclosure. These measures shall be appropriate to the harm which might result from any unauthorized or unlawful processing, accidental loss, destruction, or damage to the Data and having regard to the nature of the Data which is to be protected.
4. TERMINATION
4.1. Deletion:
Upon termination or expiry of the relationship between the Company and the Customer, the Company shall, at the Customer’s option, delete all the Data in its possession or control, unless the Company is required by law to retain some or all of the Data.
5. MISCELLANEOUS
5.1. Entire Agreement:
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings, and agreements between the parties.
5.2. Amendments:
Any changes or modifications to this Agreement must be in writing and signed by both parties.
5.3. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Rhode Island without regard to its conflict of laws principles.