Terms of Use

Peak Software Systems, Inc.

1. Acceptance of Terms

These Terms of Use ("Terms") govern your access to and use of the software platform, services, and related tools (collectively, the "Services") provided by Peak Software Systems, Inc. ("Peak," "we," "our," or "us"). By accessing or using the Services, you ("User" or "Authorized User") agree to be bound by these Terms on behalf of yourself and the government entity or organization you represent ("Client").

If you do not agree to these Terms, you may not access or use the Services. Use of the Services is also subject to any applicable Master Services Agreement, Subscription Agreement, or other written contract between Peak and the Client organization ("Agreement"). In the event of a conflict between these Terms and such an Agreement, the Agreement shall govern.

2. Eligibility and Authorized Use

The Services are intended solely for use by authorized employees, contractors, and representatives of state and local government entities that have entered into a valid Agreement with Peak. Access is granted on a per-user basis as defined in the applicable Agreement.

By using the Services, you represent and warrant that:

• You are authorized by your organization to access and use the Services
• You will use the Services only for lawful purposes and in accordance with these Terms and your organization’s Agreement with Peak
• You will not share your credentials or permit any unauthorized individual to access the Services through your account
• You have the authority to bind your organization to these Terms, or have obtained appropriate authorization to do so

3. Account Credentials and Security

You are responsible for maintaining the confidentiality of your login credentials, including your username and password. You agree to notify Peak immediately at [email protected] if you suspect any unauthorized access to your account or any other security breach.

Peak will not be liable for any loss or damage arising from unauthorized use of your credentials. You may not transfer, share, or assign your account to any other individual or entity without the prior written consent of Peak.

4. Permitted Use and Restrictions

You may use the Services solely for your organization’s internal business operations as permitted under your Agreement. You agree not to:

• Copy, modify, distribute, sell, or sublicense any part of the Services or underlying software
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
• Access or use the Services to build a competitive product or service
• Use the Services in any manner that could damage, disable, overburden, or impair Peak’s infrastructure
• Introduce viruses, malware, or other malicious code into the Services
• Attempt to gain unauthorized access to any portion of the Services or related systems
• Use the Services in violation of any applicable federal, state, or local law or regulation
• Use automated tools, bots, or scripts to access or interact with the Services without prior written authorization from Peak

5. Data and Confidentiality

Peak handles data entered into or generated by the Services ("Client Data") in accordance with the applicable Agreement and Peak’s Privacy Policy. Client Data remains the property of the Client organization.

Peak does not sell, rent, or share Client Data with third parties except as necessary to provide the Services, comply with applicable law, or as expressly authorized in writing by the Client. Peak maintains administrative, technical, and physical safeguards consistent with its SOC 2 compliance obligations to protect the confidentiality and integrity of Client Data.

You agree not to input into the Services any data that is classified, subject to federal information security requirements, or otherwise restricted beyond general business data, unless Peak has expressly agreed in writing to handle such data.

Users must not upload, enter, or transmit any such sensitive or regulated information through the Services. Any User or Client who uploads sensitive, HIPAA-protected, or otherwise regulated data does so entirely at their own risk and discretion. Peak expressly disclaims any liability arising from the unauthorized or inadvertent submission of such data. If your organization requires a platform capable of handling PHI or other regulated data, please contact Peak prior to use to discuss appropriate arrangements.

6. Intellectual Property

The Services, including all software, interfaces, content, documentation, and underlying technology, are the exclusive property of Peak Software Systems, Inc. and are protected by applicable intellectual property laws. These Terms do not grant you any ownership interest in the Services.

Subject to your compliance with these Terms and your organization’s Agreement, Peak grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your organization’s internal purposes during the term of the Agreement.

Any feedback, suggestions, or ideas you provide regarding the Services may be used by Peak without restriction or compensation to you.

7. Availability and Modifications

Peak will make reasonable efforts to maintain the availability of the Services in accordance with any uptime commitments set forth in the applicable Agreement. Peak reserves the right to modify, update, suspend, or discontinue any feature or aspect of the Services at any time, with reasonable advance notice where practicable.

Scheduled maintenance windows and planned outages will be communicated in advance where possible. Peak shall not be liable for any interruption or unavailability of the Services beyond the remedies expressly provided in the applicable Agreement.

8. Disclaimer of Warranties

Nothing in these Terms shall be construed to limit any warranty rights that cannot be waived under applicable state or local government procurement law.

9. Limitation of Liability

Peak’s total aggregate liability for any claims arising under these Terms shall not exceed the fees paid by the Client organization to Peak during the twelve (12) months immediately preceding the event giving rise to the claim, as further specified in the applicable Agreement.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent applicable law prohibits such exclusions or limitations, those limitations shall not apply.

10. Indemnification

You agree to indemnify, defend, and hold harmless Peak Software Systems, Inc. and its officers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your violation of these Terms; (b) your use of the Services in a manner not authorized by these Terms or your Agreement; or (c) your violation of any applicable law or the rights of any third party.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles. Any disputes arising under these Terms that are not resolved pursuant to the applicable Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah.

Nothing in these Terms shall be construed to waive any sovereign immunity or other legal protections to which a Client government entity may be entitled under applicable law.

12. Changes to These Terms

Peak reserves the right to update or modify these Terms at any time. When changes are made, Peak will update the "Date of last approval" at the top of this document and, where practicable, provide advance notice to Client organizations via email or in-platform notification.

Continued use of the Services following notice of updated Terms constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Services and notify Peak in accordance with your Agreement.

13. Termination

Peak may suspend or terminate your access to the Services immediately and without prior notice if you violate these Terms or your organization’s Agreement, or if Peak determines that your use poses a security risk or legal liability. Upon termination, your right to access the Services ceases immediately.

Termination of access does not affect any rights or obligations that accrued prior to termination. Sections 5 (Data and Confidentiality), 6 (Intellectual Property), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 10 (Indemnification), and 11 (Governing Law) shall survive termination of these Terms.

14. Contact Information

If you have questions about these Terms or need to report a concern, please contact:

Last updated: May 2026  |  Peak Software Systems, Inc.