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LEGAL

Terms of service.

How we work together, in plain English. Your signed service agreement wins if anything here differs.

Effective October 1, 2026

01The agreement

These terms are a binding agreement between you and Fresh Lime Media LLC, doing business as Peak Engine ("Peak Engine", "we", "us"). By using peak-engine.com, the Peak apps (including app.peak-engine.com and go.peak-engine.com), or our services, you agree to them and to our Privacy Policy. If you don't agree, don't use them. If you're using them for a company, you agree for that company and confirm you're allowed to bind it; "you" then means the company too.

Clients also sign a service agreement (with any order form or proposal that goes with it). If the signed service agreement and these terms differ, the service agreement controls. Anything these terms cover that the agreement doesn't still applies.

You must be at least 18 and using our services for a business, not for personal, family or household purposes.

Please read the "Disputes" section. It requires individual arbitration and waives class actions and jury trials.

02Electronic records and signatures

You agree that we can send agreements, invoices, notices and other communications electronically (by email, text or in the apps), that electronic signatures and click-to-accept count as your signature, and that electronic records satisfy any requirement that they be in writing.

03Using the website

The site is for general information. Prices, examples, calculators and estimates show how our plans work, not a quote or offer. Your price is set in your signed agreement.

The free Revenue Leak Audit is our opinion based on what we can see from the outside, and may contain mistakes. It isn't a promise of results, and you're under no obligation to buy anything.

Results described on the site come from specific clients. We don't yet have enough data to say what a typical result is; yours will vary and may be lower.

Nothing on the site, in an audit or from our team is legal, tax, accounting, financial or licensing advice. Talk to your own professionals about those.

Don't misuse the site: no scraping or automated access, no attacks or attempts to break security, no spam or false information through our forms, and no copying our content, design or code without written permission.

04Plans, term and cancelling

  • Each plan has a 6-month minimum term, then continues month to month.
  • After the minimum term, either side can cancel with 30 days' written notice (email counts). Cancelling during the minimum term doesn't end your obligation to pay the monthly fee for the rest of it, unless your agreement says otherwise.
  • Setup fees are listed on the pricing page and are waived on a 12-month term.
  • If you got a website at no or reduced cost on a 12-month term and leave early, the unpaid part of the build is due, prorated.
  • After the minimum term, we may change prices with 30 days' written notice.
  • When you leave, we send a final statement, export your contacts and history, and hand over your accounts once your balance is paid.

05Fees and billing

  • The monthly plan fee is billed in advance on the 1st of each month.
  • Per-lead fees for the prior month are billed on the 1st.
  • Any share of jobs won for the prior month is invoiced on the 5th.
  • Payment is by ACH bank debit by default. You authorize us (through Stripe) to debit your account or charge your card on file for amounts due under your agreement. Invoices are due within 7 days (net-7). You'll complete a separate debit authorization through Stripe stating the amounts, timing and how to revoke it.
  • Late balances accrue a late charge of 1.5% per month, or the highest rate the law allows if lower. We may pause work and app access after written notice. You pay reasonable costs of collecting overdue amounts, including attorneys' fees.
  • Fees are non-refundable except as these terms or your agreement say. Prices don't include taxes, which you pay where they apply.
  • If you think an invoice is wrong, tell us in writing within 30 days of the invoice date. Please come to us before disputing a payment with your bank; an unfounded chargeback is a breach of these terms, and the amount stays due.

What counts as a real lead: a new person (no match in your records in the last 90 days) who reached you through a channel we run, asking about a service you offer, in your service area. Your agreement lists exclusions. You have 10 days to dispute a lead; if it doesn't count, you don't pay for it. Leads not disputed in 10 days are final.

Share of jobs won: a percentage of the original contract value of jobs you sell to a lead we brought you, within 180 days of that lead's first call, text or form. It's earned when the contract is signed or a deposit is paid, whichever comes first, with a $50 minimum and a cap per job set by your plan. Customers you already had (on the list you give us at kickoff) never count. Jobs cancelled before work starts are fully credited. Your agreement covers the details, including estimates left without an update.

Rates for each plan are on the pricing page and in your agreement.

06Job records and audits

Because part of our fee depends on jobs you win, you agree to:

  • Record leads, estimates and sold jobs accurately and promptly in the app (or the system named in your agreement)
  • Not move, re-enter or sell a lead we brought you outside the app to avoid the fee
  • Keep records of contracts and deposits for jobs from our leads for at least 2 years, and let us review them on reasonable notice

Our call, text, form and ad tracking records decide where a lead came from, unless they're clearly wrong. If a review shows unreported jobs, you owe the fees on them plus the late charge. These obligations continue after your plan ends for jobs from leads still inside the 180-day window.

07Ad spend and ad platforms

You pay advertising platforms (such as Google and Meta) directly, from accounts in your name. We don't mark up ad spend. You're responsible for the budget you approve and for all charges the platforms bill to your accounts.

You approve ads before they run, and you're responsible for the claims in them being true (prices, licenses, warranties, financing, before-and-after results). Ad platforms, Google Business Profile and review sites set their own rules and can reject ads, limit reach, or suspend accounts. We'll work to fix problems, but we aren't liable for their decisions.

08Who owns what

  • You own your domain, website content, Google Business Profile, ad accounts, phone numbers in your name, and your customer data.
  • Deliverables we make for you (copy, images we create, schema, site code) become yours once they're paid for in full. Until then, you have a license to use them while your account is in good standing.
  • We own the Peak apps, our templates, playbooks, workflows, prompts and know-how, and anything we made before or outside your work, including improvements to them. You get a limited, non-exclusive, non-transferable right to use the Peak apps while your plan is active.
  • You give us permission to use your name, logo, photos, content and data as needed to provide the services, and you confirm you have the rights to everything you give us.
  • We may use de-identified and combined data from the services (that doesn't identify you or your customers) to improve our services and publish benchmarks.
  • If you send us suggestions or feedback, we can use them freely without owing you anything.
  • We may mention you as a client and show work we did for you, unless you tell us in writing not to.

09Your responsibilities

  • Give us accurate, complete information and timely approvals, access and answers. Delays on your side may delay results and don't pause fees.
  • Hold the licenses, permits, registrations and insurance your trade and area require, and follow the laws that apply to your business.
  • Honor the prices, offers and promises in ads and messages you approve.
  • Keep your own copies of important records. The apps aren't a backup service.
  • Be responsible for your team's use of the apps and our services, and remove access when someone leaves.

10The Peak apps

The Peak apps (the app for your leads and jobs, project management, estimator, instant lead follow-up and related tools) come with every plan, or can be bought on their own.

  • Keep your sign-in secure and tell us right away if you think someone else got in. You're responsible for activity under your account and your team's accounts.
  • Don't use the apps to break the law, send spam, harass anyone, upload malware, or try to get into data that isn't yours.
  • Don't copy, resell, sublicense, scrape, or reverse-engineer the apps, or use them to build a competing product.
  • We improve the apps often. We may change or retire features, but won't remove a core feature you pay for without notice.
  • We aim to keep the apps running, but we don't promise they'll be available all the time or error-free. There's no uptime guarantee unless your agreement includes one.
  • Demos, free tools and features marked beta are provided as-is, may change, reset or end at any time, and come with no warranty or liability.

Some features connect to other services (such as Google, Meta, HighLevel, Stripe, phone carriers and AI providers). Your use of them is also subject to their terms. We aren't responsible for their outages, changes, filtering or decisions.

11AI features

Some features use AI to answer calls, reply to leads, write messages and summarize conversations. AI can be wrong, incomplete or inappropriate, and it can misunderstand callers. You're responsible for reviewing the scripts, prices, policies and settings it uses, and for decisions you make based on its output.

AI phone answering and auto-replies are not for emergencies. They can't dispatch help, and you shouldn't rely on them for anything urgent or safety-related. Set your greetings to tell callers what to do in an emergency.

Some states require telling people when they're talking to AI or being recorded. Keep a recording and AI notice in your call greetings and first messages, and don't remove it without checking the law where you and your customers are.

12Your customers, texts, calls and reviews

When we text, email or call your leads and customers for you, you're the sender, and you agree to:

  • Have the consent the law requires before anyone is texted, called (including with automated technology, prerecorded or AI voices), recorded or emailed, including under the TCPA, CAN-SPAM, the Telemarketing Sales Rule, and state telemarketing, mini-TCPA and call-recording laws, and keep records proving it
  • Use web forms, ads and scripts with the consent wording we provide or that your lawyer approves
  • Give us accurate business details for carrier and phone number registration (10DLC), and keep them current
  • Never ask us to send cold texts, contact numbers on the Do Not Call list without permission, or contact anyone who opted out
  • Respect quiet hours and message limits
  • Not ask for, pay for, or post fake reviews, offer incentives for reviews, or hide negative reviews, as the FTC's rule on consumer reviews forbids
  • Have your own privacy policy that covers the customer data you collect

We honor STOP and other opt-outs automatically, and may pause or refuse messaging, calls or campaigns that we believe break the law, carrier rules or platform policies, or put your phone numbers or ours at risk.

13Health and other sensitive data

The services aren't built for health records, financial account numbers, government ID numbers or other regulated data. If your business is a HIPAA covered entity, we'll run phone, messaging or app services for you only under a signed business associate agreement, and only on providers that support one. Without a BAA, you confirm you're not a covered entity and you're responsible for any health information you or your customers send. Where state consumer health data laws apply (such as Washington's My Health My Data Act), we act as your processor under your written instructions.

14Texts from Peak Engine

If you agree to texts from us, we'll text about your audit, your inquiry, appointments, your account and our services, sometimes using automated technology. Agreeing isn't a condition of buying anything. Message frequency varies. Message and data rates may apply. Reply STOP to opt out, or HELP for help. You can also opt out any other reasonable way, such as telling us on a call or emailing us; we process those within 10 business days. Carriers aren't liable for delayed or undelivered messages. See our Privacy Policy.

15No guarantees

We work hard to bring you more booked jobs, but we don't guarantee rankings, traffic, lead volume, lead quality, booked jobs, revenue, profit or any specific result. Search engines, ad platforms, carriers and AI tools change on their own schedules, and your results depend on things we don't control, like your prices, reviews, follow-up, market and season.

We aren't responsible for missed or delayed calls, texts, emails or leads caused by carriers, spam filtering, outages, your settings, or other things outside our reasonable control.

To the fullest extent the law allows, the site, apps and services are provided "as is" and "as available", and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and that they'll be uninterrupted, secure or error-free, except anything your signed agreement expressly promises.

16Limits on liability

To the fullest extent the law allows:

  • Neither side is liable to the other for lost profits, lost revenue, lost jobs or business, lost or corrupted data, or indirect, incidental, special, consequential, exemplary or punitive damages, even if told they were possible.
  • Our total liability for all claims related to the site, apps and services is limited to the fees you paid us in the 3 months before the event that caused the claim, or $100 if you haven't paid us anything.
  • These limits apply no matter the legal theory (contract, tort, negligence, statute or otherwise) and even if a remedy fails of its essential purpose.
  • They don't limit your obligation to pay fees, your obligations in the next section, or liability for fraud or willful misconduct, or anything the law doesn't allow to be limited.

These limits are part of the price. We couldn't offer the services at these prices without them.

17Covering us for your claims

You'll defend, indemnify and hold harmless Peak Engine, Fresh Lime Media LLC, and our owners, employees and contractors from any claims, fines, penalties, damages, losses and costs (including reasonable attorneys' fees) that come from:

  • Your content, ads, offers, prices and claims, and anything you give us to use
  • Texts, calls, recordings or emails sent to your contacts at your direction or without the consent the law requires
  • Your work, products, services, employees and subcontractors, and your dealings with your customers
  • Your breach of these terms or your agreement, or your violation of any law or third-party right

We'll tell you about the claim promptly and let you control the defense, but you can't settle a claim that admits fault for us or requires us to do something without our written consent.

18Confidentiality

Each side will keep the other's non-public business information private, use it only for this relationship, and share it only with people who need it and are bound to keep it private. This includes your customer lists and numbers, and our non-public pricing, playbooks, prompts and app details. It doesn't cover information that's public, already known, independently developed, or that must be disclosed by law (with notice where allowed).

19Our team

While you're a client and for 12 months after, you won't hire or engage any of our employees or contractors who worked on your account, directly or through someone else, without our written consent. If you do, you'll pay us a placement fee equal to 6 months of their pay. General job ads not aimed at our team don't count.

21Suspending or ending access

We may suspend or end access to the site, apps or services, with notice where reasonable, if you break these terms or your agreement, don't pay after notice, put others or our systems at risk, or if the law, a carrier or a platform requires it. Either side may end a plan immediately if the other materially breaches and doesn't fix it within 15 days of written notice.

Sections that by their nature should survive (fees owed, job records, ownership, confidentiality, disclaimers, limits on liability, indemnity, our team, and disputes) continue after a plan ends.

22Things outside our control

Neither side is responsible for delays or failures (other than paying money owed) caused by events beyond reasonable control, such as natural disasters, severe weather, power or internet failures, carrier or platform outages, cyberattacks, government action, labor problems, war or pandemics.

23Disputes, arbitration and governing law

Talk to us first. Before starting any claim, email us a description of the problem and what you want. Both sides will try in good faith to resolve it within 30 days.

Binding arbitration. If it isn't resolved, any dispute, claim or controversy arising from or relating to these terms, the site, apps or services, or your agreement (including whether this section applies) will be decided by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, in Utah County, Utah (or by video if both sides agree). The arbitrator's decision is final, and judgment on it may be entered in any court that has jurisdiction. The Federal Arbitration Act governs this section.

Exceptions. Either side may bring an individual claim in small claims court, and either side may ask a court for an injunction to protect its intellectual property or confidential information or to stop misuse of the apps. We may also go to court to collect unpaid, undisputed fees.

No class actions or jury trials. Claims may be brought only on an individual basis, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding, and the arbitrator can't combine claims or award class-wide relief. Both sides waive any right to a jury trial. If the class action waiver is found unenforceable for a claim, that claim goes to court, not arbitration.

Opting out of arbitration. You can opt out of this arbitration section by emailing hello@peak-engine.com within 30 days after you first accept these terms or sign your agreement, with your name, business and a clear statement that you opt out. Opting out doesn't affect the rest of these terms.

Time limit. Any claim must be brought within one year after it arises, or it's permanently barred, to the extent the law allows.

Law and courts. These terms are governed by Utah law, without regard to conflict-of-law rules. For anything that goes to court, the state and federal courts located in Utah County, Utah have exclusive jurisdiction, and both sides consent to them. In any arbitration or lawsuit to enforce these terms or collect money owed, the winning side may recover its reasonable attorneys' fees and costs.

24The rest

  • We're independent contractors. Nothing here creates a partnership, joint venture, franchise, employment or agency relationship.
  • You can't transfer these terms or your agreement without our written consent. We can transfer them to an affiliate or to a buyer of our business.
  • If part of these terms can't be enforced, it will be enforced as far as possible and the rest still applies. Not enforcing a term isn't a waiver of it.
  • Notices to us go to hello@peak-engine.com. Notices to you go to the email on your account or agreement, and count as received the next business day.
  • You'll follow U.S. export and sanctions laws and won't use the services from, or for anyone in, a sanctioned country or on a U.S. restricted list.
  • These terms, our Privacy Policy and your signed agreement are the whole agreement on their subject and replace earlier discussions. Headings are for convenience only, and "including" means "including without limitation".
  • We may update these terms and will change the date at the top. Changes apply to website visitors when posted. For active clients, significant changes take effect 30 days after email notice, and your signed agreement still controls. Changes don't apply to disputes that arose before the change.

25Contact us

Fresh Lime Media LLC, doing business as Peak Engine · American Fork, UT · hello@peak-engine.com · (801) 822-9439