Terms Of Service

1) Agreement to Terms

By accessing or using PeakLink’s websites, apps, creator/practitioner dashboards, APIs, widgets, and related services (collectively, the “Services”), you agree to these Terms of Service (the “Terms”) and our Privacy Policy. If you do not agree, do not use the Services.

Age. You must be 18+ to create an account. If you are creating or administering an account on behalf of a company or practice, you represent you have authority to bind that entity; references to “you” include that entity. The Services are not directed to children under 13 and may not be used by them.

Updates. We may update these Terms by posting a new “Last Updated” date and, for registered users, sending notice by email or in-product. By continuing to use the Services after the effective date, you accept the updates.

Electronic notices. You consent to receive all notices electronically (email, in-app, site banners).

2) What PeakLink Is (and Isn’t)

PeakLink provides:

(a) a health-focused link-in-bio storefront and protocol sharing tool for creators and practitioners;

(b) a marketplace for recommending and selling products and certain services;

(d) a bookings layer that surfaces third-party services.

No medical advice. PeakLink does not practice medicine and does not provide medical or clinical advice. Content and recommendations on the Services are informational only. Always consult a qualified professional for healthcare decisions.

PeakLink is not a medical device, is not for emergency use, and is not intended for diagnosis or treatment decisions. If you have or suspect a medical emergency, call your local emergency number immediately.

FDA/claims. Statements regarding products have not been evaluated by the FDA; products are not intended to diagnose, treat, cure, or prevent disease.

HIPAA. PeakLink is not a healthcare provider and is not acting as a HIPAA covered entity or business associate. Do not upload information you expect to be handled under HIPAA.

3) Accounts & Verification

Provide accurate registration info and keep it current. You are responsible for activity under your account and safeguarding credentials. We may require identity/KYC/Tax information (e.g., W-9/W-8, 1099/1042-S).

Linking social accounts. If you connect Instagram, TikTok, YouTube, or similar, you represent you comply with each platform’s terms and policies. Platform penalties (e.g., deactivation, shadow bans) are your responsibility.

We may suspend or terminate accounts for violations or risk (fraud, abuse, non-payment, legal exposure).

4) Acceptable Use & Content

You will not:

(a) violate laws;

(b) post illegal, deceptive, harassing, hateful, pornographic, or violent content;

(d) upload malware or spam;

(e) misuse coupons/codes;

(f) scrape, crawl, harvest, or reverse engineer our Services or circumvent technical controls.

Inappropriate content.

Content directed at children under 13; terrorist or violent-extremist support; doxxing; false product/health claims; or discriminatory/obscene content is prohibited.

Rude/abusive conduct. Harassment of staff, practitioners, brands, or users may result in immediate suspension.

Content management. We may edit, hide, or remove any listing, shop, protocol, post, or code at any time, with or without notice. We are not obligated to monitor user content, but we may do so and act in our discretion.

5) Intellectual Property

The Services are owned by PeakLink and its licensors and are protected by IP laws. Do not use our trademarks or confusingly similar names, domains, handles, or ads without written permission. Do not register domains/handles that include or are confusingly similar to “PeakLink,” our brands, or merchant marks.

You retain ownership of content you submit (“User Content”). You grant PeakLink a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, adapt, modify, create derivative works, publish, publicly perform, publicly display, and distribute User Content in connection with operating, improving, and marketing the Services. You also grant PeakLink the right to use your name, image, likeness, logos and marks to identify you as a user and to promote your PeakLink page and listings.

We may identify you (name/logo) as a PeakLink user on our Sites and marketing materials. You can opt out by emailing support@ourpeakhealth.com (may not apply where you’ve separately granted publicity rights).

6) Health Modules & Wearable Data & Social Media

You may opt in to connect third-party data sources (e.g., sleep, steps, heart rate) to personalize experiences or recommendations.

Consent & control. Connections are optional and revocable at any time from settings.
Use. We use connected data to power features you select and to improve the Services (including de-identified/aggregated analytics).
PeakLink does not “sell” personal information as the term “sell” is defined under applicable U.S. state privacy laws, and does not use personal information for cross-context behavioral advertising without required disclosures/consents. See the Privacy Policy for state-specific rights.

In regards to social media:

Connecting accounts. You may enable or log into the Services via third-party platforms (e.g., Instagram, TikTok, YouTube, X/Twitter, Facebook) and other services (collectively, “SNS”). When you connect an SNS, you authorize PeakLink to receive and use information the SNS makes available via its APIs (e.g., profile info, handles, avatar, follower counts, content/links, media metadata, engagement/insights). You can disconnect at any time in your PeakLink settings or on the SNS itself.

Tokens & security. We do not store your SNS passwords. We store OAuth tokens to provide the features you enable. Revoking the token on the SNS or in PeakLink will disable the integration. You are responsible for securing your SNS accounts (including 2FA).

How we use SNS data. We use SNS data to (i) set up/verify your PeakLink profile, (ii) display your content and links, (iii) power analytics/attribution and fraud-prevention, and (iv) provide features you opt into (e.g., auto-generate story/reel share assets, link-in-bio modules, DM workflows). We may create de-identified/aggregated analytics to improve the Services. See our Privacy Policy for details.

Publishing on your behalf. PeakLink will never post to an SNS on your behalf unless you explicitly trigger or schedule a post or toggle a feature that requires posting/DM automations. You can turn these features off at any time.

Your responsibilities. You represent and warrant that (i) you own or are duly authorized to connect each SNS account; (ii) your use of each SNS with PeakLink complies with that SNS’s terms, policies, and community guidelines (including disclosure rules and rate limits); and (iii) you will not use PeakLink to violate platform rules, circumvent attribution, or mislead users. Platform penalties (e.g., suspensions, shadow bans) are your responsibility.

Platform changes & availability. SNS features depend on third-party APIs that may change, degrade, or be rate-limited without notice. PeakLink is not responsible for SNS outages, data delays, or removed functionality. We may modify, suspend, or discontinue integrations at any time to comply with law or platform requirements.

Third-party content & links. PeakLink is not responsible for the accuracy, legality, or availability of content, data, opinions, or products on any SNS. Your use of each SNS is governed solely by that SNS’s policies.

Brand/endorsement notice. PeakLink is not affiliated with or endorsed by Meta, TikTok/ByteDance, Google/YouTube, X Corp., or any other SNS. Their names and logos are used only.

7) Listings, Marketplace, and Bookings

PeakLink surfaces products from brands and merchants via dropship, wholesale, or affiliate arrangements. Availability, pricing, and shipping are set by the merchant or by PeakLink where PeakLink is the seller of record.

Service listings (e.g., practitioner visits, programs) are provided by third parties. PeakLink is not a party to the provider–client relationship; we do not credential providers or guarantee outcomes. Not for emergencies. Insurance is not accepted via PeakLink.

Policies are set by the applicable merchant or service provider and shown where possible prior to purchase or booking.

8) Creators & Practitioners Programs (Commissions, Payments)

Commission funding & variability. Commissions are merchant-funded or funded from PeakLink platform revenue (as applicable) and are estimates subject to change, exclusions, and reconciliation (promotions, caps, category rules, fraud screening, fees, returns).

Reversals & adjustments. Commissions may be denied or reversed for returns, cancellations, fraud, duplicate orders, ineligible SKUs/coupons, attribution conflicts, or policy violations.

No escrow/fiduciary. PeakLink is not your agent, escrow, or fiduciary. Payouts occur only after we receive cleared funds and final attribution. We may net, set off, hold, claw back, or delay amounts for chargebacks, fraud, or errors.

Taxes & KYC. You are responsible for taxes. We may collect KYC and issue tax forms as required.

Traffic quality. We may discount or void traffic and related payouts we reasonably determine to be invalid (non-human/bot, incentivized, misattributed, or otherwise non-compliant).

Referrals. If we offer referral rewards, we may disclose your own earnings and payout history to you, but will not disclose another user’s specific earnings to you; referral reporting may be anonymized or aggregated.

9) Anti-Circumvention; No Sub-Affiliates (Important)

You may not (directly or indirectly):

(a) extend PeakLink rates, tracking, payouts, or tools to non-PeakLink users;

(b) act as or operate a sub-affiliate network, white-label, proxy, or “pass-through”;

(d) onboard creators to external platforms while using PeakLink tracking or payouts to compensate them; or

(e) resell access to PeakLink tools or data.

Liquidated damages. Because damages are difficult to quantify, you agree to US$100,000 per violation (or the maximum allowed by law, if lower), in addition to actual damages, commission claw-backs, and injunctive relief.

10) Promotional Method Restrictions

Without our prior written permission, you must not:

(a) Paid search/keyword bidding on PeakLink, merchant, or brand marks (including typos);

(b) Ads implying official brand sponsorship;

(d) Browser extensions, software, or automated tools that interact with PeakLink tracking;

(e) Incentivized, forced, or misleading clicks.

Remedies. We may reverse commissions, withhold payouts, suspend accounts, and seek equitable relief.

11) Disclosure & Truth-in-Advertising

You must comply with all applicable endorsement/advertising laws and guidance (e.g., FTC in the U.S.). Provide clear and conspicuous disclosure of material connections (e.g., #ad, #paidpartner) in the same format as the content (visual, audible, or both), including periodic reminders for longer content. Your statements must reflect your honest views and actual experience; do not make unsupported health or performance claims.

Practitioners remain solely responsible for complying with professional and advertising rules applicable to their license and jurisdiction and for maintaining appropriate insurance.

12) Confidentiality

Non-public information you receive through the Services—rates, briefs, discount codes, attribution data, performance dashboards, unreleased features—constitutes Confidential Information. Use it only to participate in PeakLink and do not disclose it to third parties. This obligation survives termination.

13) Third-Party Beneficiaries (Limited)

Certain merchants/brands and network partners are intended third-party beneficiaries of Sections 9–12 (anti-circumvention, promotional restrictions, IP, confidentiality, disclosure) and may enforce those provisions directly against you to that limited extent.

14) Intellectual Property Claims (DMCA).

If you believe content infringes your rights, email [DMCA contact email] or write to [Postal address] with the required details. We may remove or disable access to alleged infringing material.

15) Suspension & Termination

We may suspend or terminate your access at any time for any reason, including risk, non-payment, or policy violations. You may stop using the Services at any time. Some provisions survive termination (including IP, confidentiality, payment adjustments, disclaimers, limitations, arbitration).

16) Disclaimers

THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKLINK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, AND ERROR-FREE OPERATION. WE DO NOT CONTROL OR GUARANTEE MERCHANT OR PROVIDER LISTINGS, PRICING, INVENTORY, SHIPPING, RETURNS, OR OUTCOMES.

17) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKLINK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; LOST PROFITS/REVENUE/GOODWILL; OR DATA LOSS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID TO PEAKLINK (IF ANY) IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THAT CASE, LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

18) Indemnification

You will defend, indemnify, and hold harmless PeakLink, our affiliates, and our/their directors, officers, employees, and agents from and against claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your content or conduct; (b) your use of the Services; (c) your violation of these Terms or laws; (d) infringement or misappropriation by your content; or (e) disputes with merchants, providers, customers, or platforms.

19) Dispute Resolution; Class Waiver; Injunctive Relief

Governing law & venue. New York law governs these Terms (without conflict-of-laws principles). Except for small-claims matters or injunctive relief, disputes are resolved by binding arbitration as below.

Arbitration

Consumers (end users/buyers): AAA Consumer Rules; seat Delaware; English; each party bears its own fees unless the rules provide otherwise.
Creators, Practitioners, Brands, Networks, and other business users: AAA Commercial Rules; seat Delaware; English.
Class waiver. Disputes are arbitrated only on an individual basis; no class, collective, or representative actions or arbitrations.
Injunctive relief carve-out. PeakLink may seek temporary or permanent injunctive relief (without bond) in court to prevent or address IP misuse, scraping, fraud, confidential-information leaks, violations of Sections 9–12, or security threats.
Confidentiality. Arbitration proceedings and awards are confidential except as required to enforce or by law.
Small claims. Either party may bring qualifying claims in small-claims court in Delaware, or in your county of residence in the U.S.

20) Sanctions/Export; Force Majeure

You represent you are not subject to U.S. or other sanctions and will not use the Services in violation of export/sanctions laws. We are not liable for delays or failures caused by events beyond our reasonable control (e.g., internet outages, DDoS, strikes, wars, pandemics, government actions, natural disasters).

21) Miscellaneous

• No assignment by you without our consent; we may assign.

• Severability. If any provision is invalid, the remainder remains in effect.

• No waiver. Failure to enforce is not a waiver.

• Entire agreement. These Terms + referenced policies are the entire agreement.

• Notices. Email: support@ourpeakhealth.com

Questions? Contact support@ourpeakhealth.com or call us on 201-877-7033

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