Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website grandpeaksystems.com, the GrandPeak Systems platform, and all related services (collectively, the "Service") provided by GrandPeak Systems ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

1. Overview of the Service

GrandPeak Systems provides a marketing automation and customer relationship management (CRM) platform for service-based businesses. Our Service includes, but is not limited to:

• AI-powered lead response and follow-up (SMS, email, and voice)
• CRM and pipeline management tools
• Appointment scheduling and calendar integrations
• Website and funnel building tools
• Email and SMS marketing campaigns
• Review generation and reputation management
• Invoicing and payment processing
• Done-for-you onboarding, implementation, and strategy services

2. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activity that occurs under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or violate these Terms.

3. Subscription and Pricing

Platform Subscription

The GrandPeak Systems platform is available on a monthly subscription basis at the current published rate. Pricing is subject to change with 30 days' written notice. Your subscription includes access to the core platform features and unlimited user seats.

Onboarding and Implementation

Done-for-you onboarding, implementation, and strategy services are priced separately and scoped on a per-project basis. These are one-time fees unless otherwise specified in a separate agreement.

Billing

• Subscription fees are billed monthly on the date of your initial sign-up
• All fees are non-refundable except as expressly stated in our guarantee (see Section 4)
• You authorize us to charge the payment method on file for all recurring fees
• Failed payments may result in service interruption or suspension

4. 30-Day Performance Guarantee

This guarantee applies exclusively to the platform subscription fee and does not extend to onboarding, implementation, or à la carte service fees. To invoke the guarantee, you must notify us in writing within 35 days of your launch date and demonstrate that you have used the platform in good faith during the guarantee period. We reserve the right to assess usage data to verify eligibility.

5. Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation:

• Your access to the platform will continue through the end of your current billing period
• No further charges will be applied after the current period ends
• You are responsible for exporting any data you wish to retain prior to cancellation
• We are not obligated to maintain or provide access to your data after your subscription ends

There are no long-term contracts or cancellation penalties on the platform subscription.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable federal, state, or local law or regulation
• Send unsolicited or unauthorized spam, phishing messages, or bulk communications
• Transmit content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Impersonate any person or entity, or falsely state or misrepresent your affiliation
• Interfere with or disrupt the Service, servers, or networks
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for any purpose that violates the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or similar regulations governing electronic communications
• Harvest, collect, or store personal data of other users without their consent

We reserve the right to suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated this section.

7. AI-Powered Features

The Service includes AI-powered features such as automated text messaging, email responses, and AI voice agents. By using these features, you acknowledge and agree that:

• AI-generated communications are automated and may not always be perfectly accurate
• You are responsible for monitoring and managing AI interactions on your account
• You will comply with all applicable laws regarding automated communications, including obtaining required consent from your contacts
• AI voice calls will be identified as automated when required by law
• We are not liable for any loss, damage, or claim arising from AI-generated communications on your behalf

8. Intellectual Property

Our Property

The Service, including all software, design, text, graphics, logos, trademarks (including "GrandPeak Systems," "Fast 5 Framework," and related marks), and proprietary methodologies are owned by GrandPeak Systems and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of any part of the Service without our express written permission.

Your Content

You retain ownership of any content you upload, submit, or create using the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, royalty-free license to use, store, process, and display Your Content solely to the extent necessary to provide the Service to you.

Custom Builds

For done-for-you implementation work (websites, funnels, automations, campaigns), you own the final deliverables once payment is received in full. We retain the right to use non-identifiable design patterns, frameworks, and general methodologies in future client work.

9. Third-Party Services

The Service integrates with and may rely on third-party platforms, including but not limited to payment processors (Stripe, PayPal), calendar services (Google, Outlook), advertising platforms (Google, Meta), and communication providers. We are not responsible for the availability, accuracy, or performance of third-party services, and your use of those services is governed by their respective terms and policies.

10. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied
• We do not warrant that the Service will be uninterrupted, error-free, or completely secure
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost data
• Our total liability for any claim arising out of or related to these Terms or the Service shall not exceed the total fees paid by you to us during the twelve (12) months preceding the claim

11. Indemnification

You agree to indemnify, defend, and hold harmless GrandPeak Systems, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Any content you submit, post, or transmit through the Service
• Any claim from a third party related to your use of the AI or marketing automation features

12. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration administered in Bonneville County, Idaho, in accordance with applicable arbitration rules. Each party shall bear its own costs of arbitration.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of law principles. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Bonneville County, Idaho.

14. Modifications to the Service and Terms

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may also update these Terms from time to time. Material changes will be communicated via email or a notice on our website. Your continued use of the Service after any changes constitutes acceptance of the updated Terms.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and GrandPeak Systems regarding the Service, and supersede all prior agreements, understandings, and communications, whether written or oral.

17. Contact Us

If you have any questions about these Terms, please contact us:

GrandPeak Systems
Idaho Falls, Idaho
Email: [email protected]
Website: grandpeaksystems.com/contact