MASTER SUBSCRIPTION AGREEMENT & TERMS OF SERVICE

Peak Systems – Twin Peaks Project Services LLC
Effective Date: April 12, 2026

1. ACCEPTANCE OF TERMS

This Master Subscription Agreement & Terms of Service (“Agreement”) governs access to and use of the Peak Systems platform (the “Service”) operated by Twin Peaks Project Services LLC (“Twin Peaks Project Services”).

From this point forward, all references to “Twin Peaks Project Services” shall mean Twin Peaks Project Services LLC, including its employees, contractors, and authorized service providers acting on its behalf.

By:

  • Accessing or using the Service; or

  • Executing an Order Form that references this Agreement;

The individual or entity doing so (“Customer”) agrees to be bound by the terms of this Agreement.

If the individual accepting this Agreement is doing so on behalf of an organization, such individual represents and warrants that:

  • They have full legal authority to bind that organization to this Agreement; and

  • The organization agrees to be responsible for all use of the Service under its account.

If the individual does not have such authority or does not agree to these terms, the service may not be accessed or used.

Customer further represents and warrants that:

  • Customer is at least eighteen (18) years of age; and

  • Customer will use the Service only in accordance with this Agreement and all applicable laws and regulations.

2. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

“Customer Data” means all data, content, and information submitted, uploaded, stored, transmitted, or otherwise made available to the Service by Customer or its Members, including but not limited to:

  • Projects, tasks, and related records;

  • Vendor and contractor information;

  • Budgets and financial data;

  • Messages, communications, and activity logs;

  • Files, documents, and attachments; and

  • Any associated metadata.

“Members” means individuals authorized by Customer to access and use the Service on Customer’s behalf, including employees, contractors, consultants, or agents.

“Service” means the Peak Systems platform provided by Twin Peaks Project Services, including all current and future features, modules, functionality, updates, enhancements, and improvements made available to Customer.

“Order Form” means a written or electronic document, including any online form, that specifies Customer-specific terms, including pricing, subscription details, usage limits, and any additional agreed-upon terms, and which incorporates this Agreement by reference.

“Subscription Term” means the period during which Customer is authorized to access and use the Service, as specified in the applicable Order Form, including any renewal periods.

“Agreement” means this Master Subscription Agreement & Terms of Service, including any Order Forms and incorporated policies.

3. DESCRIPTION OF SERVICE

The Service is a cloud-based software platform designed to assist Customer in organizing, managing, and tracking operational and facility-related activities, including but not limited to:

  • Project management activities

  • Task coordination and tracking

  • Vendor and contractor information

  • Budget tracking fields and related data

  • Messaging and internal communication

  • File and document storage and organization

The Service is intended to provide Customer with tools to structure, record, and manage information related to its operations. The specific features and functionality available to Customer may vary based on the applicable subscription plan or Order Form.

Twin Peaks Project Services may, from time to time and in its sole discretion:

  • Modify, enhance, or update the Service;

  • Add or remove features or functionality;

  • Introduce additional modules, tools, or capabilities; or

  • Change the user interface or operational structure of the Service.

Such changes may occur without prior notice and are considered part of the ongoing development and improvement of the Service.

Customer acknowledges that:

  • The Service may evolve over time; and

  • No specific feature, functionality, or module is guaranteed to remain available unless expressly stated in an applicable Order Form.

4. NATURE OF THE SERVICE

The Service is an administrative and informational tool only designed to assist Customer in organizing and tracking operational and project-related information.

Twin Peaks Project Services:

  • Does not verify Customer Data;

  • Does not guarantee the accuracy, completeness, or reliability of any information within the Service;

  • Does not monitor, manage, control, or direct Customer’s projects, vendors, contractors, or operations; and

  • Does not make decisions or recommendations on behalf of Customer.

Customer acknowledges and agrees that:

  • All data within the Service is provided by Customer or its Members;

  • Twin Peaks Project Services has no responsibility to review, validate, or audit such data; and

  • The Service is not a substitute for professional judgment, supervision, or oversight.

Customer further acknowledges that decisions should not be made solely based on the Service.

Customer is solely responsible for:

  • Interpreting all information within the Service;

  • Making all operational, financial, and project-related decisions; and

  • Verifying the accuracy of all data prior to reliance or use.

The Service is not intended to be used as the sole basis for decisions involving financial commitments, project execution, safety, regulatory compliance, or operational outcomes.

5. CUSTOMER RESPONSIBILITIES

Customer is solely responsible for all use of the Service and for all outcomes arising from such use.

Without limiting the foregoing, Customer is solely responsible for:

  • All project-related decisions, planning, execution, and outcomes;

  • Vendor and contractor selection, engagement, contracting, performance, and oversight;

  • The accuracy, completeness, and reliability of all Customer Data entered into or maintained within the Service;

  • All budget creation, approval, tracking, and financial decisions;

  • Compliance with all applicable laws, regulations, codes, and industry standards; and

  • Establishing and maintaining appropriate internal controls, review processes, and oversight.

Customer is responsible for all actions and omissions of its Members and any third parties granted access to the Service through Customer’s account.

All activities conducted under Customer’s account are deemed to be actions of Customer.

Customer shall ensure that its Members:

  • Comply with this Agreement;

  • Use the Service only for lawful and authorized purposes; and

  • Maintain the confidentiality and security of access credentials.

Customer is solely responsible for:

  • Determining whether the Service meets its operational needs; and

  • Verifying all information prior to reliance, use, or decision-making.

Customer is responsible for maintaining independent records, backups, and verification processes for all critical operational and financial information.

6. ACCOUNT REGISTRATION & SECURITY

Customer agrees to:

  • Provide accurate, current, and complete information during registration and throughout use of the Service;

  • Maintain and promptly update such information as necessary;

  • Maintain the confidentiality and security of all account credentials, including usernames and passwords; and

  • Be fully responsible for all activities that occur under Customer’s account, whether authorized or unauthorized.

Customer shall ensure that all Members:

  • Use unique login credentials where applicable;

  • Maintain the security of their access credentials; and

  • Comply with the terms of this Agreement.

Customer is solely responsible for all access to and use of the Service under its account.

Customer must not:

  • Share account credentials outside of authorized use within Customer’s organization;

  • Permit unauthorized individuals or entities to access the Service;

  • Attempt to gain unauthorized access to the Service, related systems, or networks;

  • Interfere with or disrupt the integrity or performance of the Service; or

  • Use the Service for any unlawful, fraudulent, or unauthorized purpose.

Customer shall promptly notify Twin Peaks Project Services of any:

  • Unauthorized access to or use of its account; or

  • Suspected breach of security.

Twin Peaks Project Services shall not be liable for any loss or damage arising from:

  • Customer’s failure to safeguard account credentials; or

  • Unauthorized access resulting from Customer’s actions or omissions.

7. COMPANY ACCOUNTS & ROLES

The Service operates as a multi-tenant platform in which each Customer is provided with a separate company-level account.

Customer retains full administrative control over its account, including the ability to:

  • Grant, modify, and revoke access to the Service;

  • Assign roles and permissions to Members; and

  • Manage Member activity within its account.

Roles within the Service are designed to control access and functionality only and do not create any responsibility, obligation, or duty on the part of Twin Peaks Project Services.

Customer is solely responsible for:

  • Determining appropriate access levels for its Members;

  • Ensuring that roles and permissions are correctly assigned and maintained; and

  • Monitoring and managing all activity within its account.

All actions taken by Members within a Customer account are deemed to be actions of the Customer.

Twin Peaks Project Services:

  • Does not monitor or control how Customer assigns roles or permissions;

  • Does not verify that permissions are appropriate or correctly configured; and

  • Is not responsible for any misuse, errors, or unauthorized activity arising from Customer’s internal account management.

Customer is responsible for all consequences resulting from:

  • Improper assignment of roles or permissions;

  • Failure to remove or update access for Members; or

  • Any internal misuse of the Service within Customer’s organization.

Customer acknowledges that certain roles within the Service may allow access to sensitive information, including project data, financial data, and vendor information, and Customer is solely responsible for assigning such roles appropriately.

8. SUBSCRIPTION, PRICING, AND PAYMENT

8.1 Pricing Structure

Pricing for the Service is based on a company-level subscription model and may vary depending on:

  • The number of Members authorized to access the Service;

  • Storage usage; and

  • Any additional features, modules, or service tiers selected by Customer as set forth in an applicable Order Form.

Additional fees may apply if Customer exceeds agreed usage limits or adds additional Members, storage, or features.

8.2 Billing

Fees are billed in advance in accordance with the applicable Order Form.

Billing may be:

  • Monthly; or

  • Annual, which may include discounted pricing.

Unless otherwise specified in writing:

  • Subscriptions automatically renew for successive billing periods; and

  • Billing will continue until the Subscription is terminated in accordance with this Agreement.

8.3 Payment Terms

Customer agrees to pay all fees when due.

  • All fees are non-refundable except as required by law or expressly stated in this Agreement.

  • Customer is responsible for providing accurate and complete billing information.

  • Failure to make timely payment may result in suspension or termination of access to the Service.

Twin Peaks Project Services reserves the right to:

  • Suspend access to the Service for non-payment;

  • Charge interest on overdue amounts to the maximum extent permitted by law; and

  • Recover reasonable costs associated with collection of unpaid fees.

8.4 Fee Disputes

If Customer disputes any portion of an invoice, Customer must:

  • Provide written notice of the dispute prior to the applicable payment due date; and

  • Pay all undisputed amounts when due.

Failure to timely dispute an invoice shall constitute acceptance of the charges.

8.5 Pricing Changes

Twin Peaks Project Services may update pricing from time to time upon reasonable notice to Customer.

Such changes will apply:

  • At the next billing cycle; or

  • Upon renewal of the Subscription Term.

Continued use of the Service after a pricing change becomes effective constitutes acceptance of the updated pricing.

8.6 No Reliance on Future Features

Customer acknowledges that:

Customer’s subscription is based on the current functionality of the Service, and not on the delivery of any future features or functionality..

9. DATA OWNERSHIP & USE

9.1 Ownership

Customer retains all right, title, and interest in and to Customer Data.

Except for the limited rights expressly granted in this Agreement, Twin Peaks Project Services acquires no ownership rights in Customer Data.

9.2 License to Twin Peaks Project Services

Customer grants Twin Peaks Project Services a limited, non-exclusive, worldwide, royalty-free license to:

  • Host, store, process, transmit, and display Customer Data; and

  • Access and use Customer Data

solely as necessary to:

  • Provide, operate, and maintain the Service;

  • Perform support and troubleshooting;

  • Improve and develop the Service;

  • Ensure security, integrity, and performance of the Service; and

  • Comply with applicable laws and legal obligations.

Twin Peaks Project Services may also access Customer Data as reasonably necessary to investigate suspected violations of this Agreement or to respond to security incidents.

9.3 Customer Responsibility for Data

Customer is solely responsible for:

  • The accuracy, quality, completeness, and reliability of Customer Data;

  • Ensuring that Customer Data does not violate any applicable laws, regulations, or third-party rights; and

  • Obtaining all necessary rights, consents, and permissions to upload, use, and allow processing of Customer Data in connection with the Service.

Customer represents and warrants that it has all rights necessary to grant the license set forth in this Agreement.

9.4 No Data Verification

Twin Peaks Project Services:

  • Does not review, validate, or verify Customer Data; and

  • Has no responsibility for errors, omissions, or inaccuracies in Customer Data.

9.5 Aggregated and De-Identified Data

Twin Peaks Project Services may collect, use, and analyze aggregated and de-identified data derived from Customer Data for purposes of:

  • Improving the Service;

  • Developing new features; and

  • Analyzing system performance and usage trends.

Such data will not identify Customer or any individual.

10. DATA RESTRICTIONS

Customer agrees not to upload, store, transmit, or otherwise process through the Service any data that is subject to specialized regulatory requirements or heightened security obligations, including but not limited to:

  • Social Security numbers or other government-issued identification numbers;

  • Financial account information, including bank account numbers;

  • Credit card or payment card data subject to payment card industry (PCI) standards;

  • Health information subject to the Health Insurance Portability and Accountability Act (HIPAA) or similar laws; and

  • Any other sensitive personal data or regulated information requiring enhanced protections under applicable law.

Customer acknowledges and agrees that:

  • The Service is not designed or intended to store or process such data; and

  • Twin Peaks Project Services does not implement controls required for compliance with laws or standards governing such data.

Customer is solely responsible for:

  • Ensuring that no restricted data is uploaded or processed through the Service; and

  • Complying with all applicable data protection and privacy laws.

Twin Peaks Project Services shall have no liability for any restricted data submitted to the Service in violation of this Section.

11. DATA SECURITY

Twin Peaks Project Services implements commercially reasonable administrative, technical, and physical safeguards designed to protect the confidentiality, integrity, and security of Customer Data.

Such safeguards are intended to protect against unauthorized access, disclosure, alteration, or destruction of Customer Data; however:

  • No system or method of transmission over the internet or electronic storage is completely secure; and

  • Twin Peaks Project Services does not guarantee absolute security of Customer Data or the Service.

Customer acknowledges and agrees that:

  • Customer Data is transmitted and stored at Customer’s own risk; and

  • Twin Peaks Project Services shall not be responsible for security breaches or unauthorized access caused by factors outside of its reasonable control, including but not limited to internet vulnerabilities, third-party systems, or Customer’s own actions or omissions.

Customer is solely responsible for:

  • Maintaining independent backups of all critical Customer Data; and

  • Implementing appropriate internal security controls, including access management and credential protection.

In the event of a confirmed security incident affecting Customer Data, Twin Peaks Project Services will provide notice to Customer in accordance with applicable law.

12. DATA RETENTION

Upon expiration or termination of Customer’s access to the Service for any reason:

  • Customer will have a period of thirty (30) days from the effective date of termination (the “Data Export Period”) to access the Service solely for the purpose of exporting Customer Data, unless otherwise agreed in writing.

During the Data Export Period:

  • Access to the Service may be limited to data retrieval functionality; and

  • Twin Peaks Project Services shall have no obligation to maintain full Service functionality.

After the expiration of the Data Export Period:

  • Twin Peaks Project Services may, in its sole discretion, permanently delete Customer Data from its systems without further notice; and

  • Twin Peaks Project Services shall have no obligation to retain, store, or provide access to Customer Data.

Customer acknowledges and agrees that:

  • It is solely responsible for exporting Customer Data prior to the expiration of the Data Export Period; and

  • Twin Peaks Project Services shall not be liable for any loss of Customer Data following deletion in accordance with this Section.

  • Customer acknowledges that backups and archived copies of Customer Data may persist for a limited period following deletion in accordance with standard system operations, after which such data will be removed in the ordinary course.

13. BUDGET & FINANCIAL DISCLAIMER

Budgeting and financial tracking features within the Service are provided for informational and organizational purposes only.

Twin Peaks Project Services:

  • Does not provide accounting, financial, tax, or advisory services;

  • Does not validate, audit, or verify financial data;

  • Does not ensure the accuracy, completeness, or reliability of any budget or financial information; and

  • Does not ensure compliance with accounting standards, financial regulations, or reporting requirements.

Customer acknowledges and agrees that:

  • All financial data within the Service is entered and maintained by Customer or its Members; and

  • The Service is not a substitute for professional accounting, financial review, or internal controls.

  • The Service is not intended to be used as the sole basis for financial commitments or expenditures.

Customer is solely responsible for all financial decisions, including budgeting, approvals, expenditures, and financial reporting.

Customer is responsible for:

  • Verifying all financial information prior to reliance or use; and

  • Maintaining appropriate accounting practices and financial oversight.

14. VENDORS & THIRD PARTIES

The Service may allow Customer to record, track, and manage information related to vendors, contractors, and other third parties.

Twin Peaks Project Services:

  • Does not select, recommend, or endorse any vendor or contractor;

  • Does not verify the qualifications, licensing, or performance of any vendor or contractor;

  • Does not participate in or manage any agreements between Customer and third parties; and

  • Does not monitor, supervise, or control the work or performance of any vendor or contractor.

Twin Peaks Project Services is not responsible for:

  • Vendor or contractor performance;

  • The quality, timing, or outcome of any work performed by third parties;

  • Disputes between Customer and any vendor or contractor; or

  • The terms, enforcement, or interpretation of any vendor agreement.

All vendor and third-party relationships are solely between Customer and the applicable third parties. Twin Peaks Project Services shall not be liable for any loss, damage, or claim arising from Customer’s interaction with or reliance on any third party, whether or not such third party is granted access to the Service.

Customer is solely responsible for:

  • Selecting and vetting vendors and contractors;

  • Negotiating and managing all agreements;

  • Supervising and evaluating performance; and

  • Resolving any disputes or claims arising from such relationships.

If Customer grants access to the Service to any third party, including vendors or contractors:

  • Customer is solely responsible for such access; and

  • All actions taken by such third parties shall be deemed actions of the Customer.

15. FILE STORAGE

The Service may allow Customer to upload, store, and organize files and documents in connection with Customer’s use of the Service.

Customer acknowledges and agrees that:

  • Files and documents uploaded to the Service are not reviewed, verified, or monitored by Twin Peaks Project Services;

  • Files may be subject to storage limits, retention policies, or system constraints based on the applicable subscription plan.

  • Twin Peaks Project Services does not guarantee the availability, integrity, or retention of any files or documents stored within the Service; and

  • The Service is not intended to function as a backup, archival, or long-term storage system.

Customer is solely responsible for:

  • Maintaining independent copies and backups of all files and documents; and

  • Ensuring that all critical data is preserved outside of the Service.

Twin Peaks Project Services shall not be liable for:

  • Loss, corruption, or deletion of files or documents; or

  • Any damages resulting from Customer’s reliance on the Service for storage or backup purposes.

16. THIRD-PARTY SERVICES

The Service may integrate with or rely on third-party products, services, or systems (“Third-Party Services”), including but not limited to hosting providers, authentication services, and other external tools.

Customer acknowledges and agrees that:

  • Use of any Third-Party Services is at Customer’s sole discretion and risk; and

  • Such Third-Party Services are governed by the terms and policies of the applicable third-party provider.

  • Customer acknowledges that the Service is dependent on third-party infrastructure and services, and that interruptions or failures in such services may impact availability of the Service.

Twin Peaks Project Services:

  • Does not control or operate Third-Party Services;

  • Does not guarantee the availability, performance, or reliability of Third-Party Services; and

  • Is not responsible for the data handling, security practices, or privacy policies of any Third-Party Services.

If Customer enables, connects, or integrates any Third-Party Services with the Service:

  • Customer is solely responsible for such integration; and

  • Customer authorizes the transfer, access, and processing of Customer Data by such Third-Party Services as necessary for the integration to function.

Twin Peaks Project Services shall not be liable for:

  • Any loss, damage, or claim arising from Customer’s use of or reliance on any Third-Party Services; or

  • Any unauthorized access, disclosure, modification, or deletion of Customer Data resulting from the actions or omissions of any third-party provider.

17. INTELLECTUAL PROPERTY

All right, title, and interest in and to the Service, including all related software, technology, content, design, functionality, and documentation, are and shall remain the exclusive property of Twin Peaks Project Services LLC.

Except for the limited rights expressly granted in this Agreement, no rights, licenses, or interests in the Service are granted to Customer, whether by implication, estoppel, or otherwise.

Customer is granted a limited, non-exclusive, non-transferable right to access and use the Service solely in accordance with this Agreement during the applicable Subscription Term.

If Customer provides feedback, suggestions, or ideas regarding the Service, Twin Peaks Project Services may use such feedback without restriction or obligation to Customer.

Customer may not, and shall not permit any third party to:

  • Copy, reproduce, or duplicate the Service or any portion thereof;

  • Modify, adapt, or create derivative works based on the Service;

  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Service;

  • Distribute, sell, lease, sublicense, or otherwise make the Service available to third parties;

  • Use the Service to develop a competing product or service; or

  • Remove, alter, or obscure any proprietary notices or markings.

Customer retains all rights to Customer Data as set forth in Section 9 (Data Ownership & Use), and nothing in this Section grants Twin Peaks Project Services ownership of Customer Data.

18. BETA FEATURES

The Service may include features, functionality, or modules that are designated as “beta,” “experimental,” “preview,” or similar (“Beta Features”).

Customer acknowledges and agrees that Beta Features:

  • May be incomplete, unstable, or contain errors or defects;

  • May be modified, updated, limited, or discontinued at any time without notice; and

  • Are provided for evaluation and testing purposes only.

Beta Features are provided “as is” and “as available,” without any warranties of any kind, whether express or implied. Twin Peaks Project Services may collect feedback related to Beta Features and may use such feedback without restriction to improve the Service.

Twin Peaks Project Services:

  • Does not guarantee the performance, availability, or reliability of Beta Features;

  • Is not obligated to provide support, maintenance, or updates for Beta Features; and

  • May remove or disable Beta Features at any time without liability.

Customer assumes all risk associated with the use of Beta Features, including any impact on:

  • Data integrity;

  • System performance; or

  • Operational workflows.

Beta Features are not intended for production use or reliance in critical business operations.

19. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWIN PEAKS PROJECT SERVICES DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY;

  • FITNESS FOR A PARTICULAR PURPOSE;

  • NON-INFRINGEMENT; AND

  • ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TWIN PEAKS PROJECT SERVICES DOES NOT WARRANT THAT:

  • THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR AVAILABLE AT ALL TIMES;

  • THE SERVICE WILL BE ERROR-FREE OR FREE OF DEFECTS;

  • ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR

  • THE SERVICE WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS OR EXPECTATIONS.

TWIN PEAKS PROJECT SERVICES IS NOT RESPONSIBLE FOR ANY DELAYS, FAILURES, OR DAMAGES RESULTING FROM:

  • INTERNET OR NETWORK INTERRUPTIONS;

  • THIRD-PARTY SERVICES OR SYSTEMS;

  • UNAUTHORIZED ACCESS OR SECURITY BREACHES OUTSIDE OF ITS REASONABLE CONTROL; OR

  • CUSTOMER’S USE OR RELIANCE ON THE SERVICE.

  • CUSTOMER’S USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK.

20. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Twin Peaks Project Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits or revenue;

  • Loss of business opportunities;

  • Loss, corruption, or inaccuracy of data;

  • Project delays, failures, or cost overruns;

  • Vendor or contractor performance issues; or

  • Operational or business disruptions;

arising out of or related to the use of, or inability to use, the Service, regardless of the legal theory (contract, tort, negligence, or otherwise), even if Twin Peaks Project Services has been advised of the possibility of such damages.

In no event shall the total aggregate liability of Twin Peaks Project Services arising out of or related to this Agreement exceed the total fees paid by Customer to Twin Peaks Project Services in the twelve (12) months preceding the event giving rise to the claim.

Customer acknowledges and agrees that:

  • The limitations of liability set forth in this Section are a fundamental part of the allocation of risk between the parties; and

  • The fees charged for the Service reflect this allocation of risk.21. INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless Twin Peaks Project Services from any claims arising from: Customer’s use of the service, customer data, violation of this Agreement

22. TERMINATION

Twin Peaks Project Services may, in its sole discretion, suspend or terminate Customer’s access to the Service, in whole or in part, for any of the following reasons:

  • Breach of this Agreement;

  • Failure to pay fees when due;

  • Misuse of the Service or violation of applicable laws; or

  • Any activity that poses a security risk or may harm the Service or other users.

Twin Peaks Project Services may suspend access immediately where necessary to:

  • Prevent harm to the Service or other users; or

  • Address security concerns or suspected unauthorized activity.

  • Twin Peaks Project Services reserves the right to refuse service to any Customer at its discretion, to the extent permitted by law.

Customer may terminate its use of the Service at any time by discontinuing use or providing notice to Twin Peaks Project Services, subject to any applicable billing commitments set forth in an Order Form.

Termination or suspension of the Service shall not relieve Customer of any obligation to pay fees accrued prior to the effective date of termination.

Upon termination:

  • Customer’s access to the Service will be revoked; and

  • Customer Data will be handled in accordance with Section 12 (Data Retention).

Twin Peaks Project Services shall not be liable to Customer or any third party for any suspension or termination of access to the Service in accordance with this Agreement.

23. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

Any legal action or proceeding arising out of or relating to this Agreement or the Service shall be brought exclusively in the state or federal courts located within the State of Arizona, and the parties hereby consent to the personal jurisdiction and venue of such courts. Customer waives any objection to venue or claim that such courts are an inconvenient forum.

24. CHANGES TO TERMS

Twin Peaks Project Services may update or modify this Agreement from time to time in its sole discretion.

Any such updates will become effective upon:

  • Posting the updated Agreement within the Service or on the Twin Peaks Project Services website; or

  • Providing notice to Customer through the Service, email, or other reasonable means.

Customer’s continued access to or use of the Service after the effective date of any updated Agreement constitutes acceptance of the revised terms. It is Customer’s responsibility to review this Agreement periodically for updates.

If Customer does not agree to the updated terms, Customer must discontinue use of the Service.

25. PRIVACY POLICY

25.1 Information Collected

Twin Peaks Project Services may collect the following categories of information in connection with the Service:Account Informationnameemail addresscompany namecontact information provided by CustomerUsage Datalogin activityIP addressdevice and browser informationinteractions with the ServiceCustomer Dataproject datavendor informationfiles and documentsmessages and communications within the Service

25.2 Use of Information

Twin Peaks Project Services uses collected information to:provide, operate, and maintain the Service;authenticate users and manage access;improve functionality, performance, and user experience;communicate with Customer regarding the Service; andensure system security and prevent misuse.

25.3 Sharing of Information

Twin Peaks Project Services does not sell Customer Data.Information may be shared with:service providers that support operation of the Service (such as hosting, storage, and authentication providers);legal authorities when required by applicable law, regulation, or legal process; andthird parties in connection with a merger, acquisition, financing, or sale of assets.

25.4 Security

Twin Peaks Project Services implements commercially reasonable administrative, technical, and physical safeguards designed to protect information.However:no system is completely secure; andTwin Peaks Project Services does not guarantee absolute security.

25.5 Data Retention

Twin Peaks Project Services retains information only as long as necessary to:provide the Service;fulfill contractual obligations; andcomply with legal requirements. Customer Data may be deleted following termination of the Service in accordance with Section 12 (Data Retention).

25.6 User Rights

Subject to applicable law, users may request:access to their personal information;correction of inaccurate information; ordeletion of personal information.Requests may be submitted to: albert.duff@twinpeaksps.com. Twin Peaks Project Services will respond to such requests within a reasonable timeframe and in accordance with applicable law.

25.7 Third-Party Services

The Service relies on third-party providers for infrastructure and functionality.Such providers may process information on behalf of Twin Peaks Project Services and are subject to their own privacy policies and practices.

25.8 Children’s Privacy

The Service is not intended for individuals under the age of 18.Twin Peaks Project Services does not knowingly collect personal information from individuals under 18.

25.9 Changes to Privacy Policy

Twin Peaks Project Services may update this Privacy Policy from time to time.Continued use of the Service constitutes acceptance of any updates.

26. CONTACT INFORMATION

Twin Peaks Project Services LLC
Email: albert.duff@twinpeaksps.com
Website: https://www.twinpeaksps.com