Terms of Service

Last Updated: March 2026

These Terms of Service (“Terms”) govern your access to and use of the website at peakspire.ca (the “Website”), operated by PeakSpire Inc. (“PeakSpire,” “we,” “us,” or “our”), a company registered in Ontario, Canada.

By accessing or using our Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. Use of the Website

You may use our Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates applicable federal, provincial, or local law
• Attempt to gain unauthorized access to any part of the Website, server, or connected systems
• Use automated tools (bots, scrapers, crawlers) to access the Website without our written permission, except for standard search engine indexing
• Transmit any malicious code, viruses, or harmful material
• Interfere with the proper functioning of the Website
• Submit false or misleading information through our forms
• Use our Free Website Audit tool to scan websites you do not own or have authorization to test

2. Services

PeakSpire offers web design, website development, WordPress development, speed optimization (Speed Sprint), local SEO, and website maintenance (Care Plan) services. These Terms govern your use of the Website. Service-specific terms are covered in separate agreements:

• Care Plan Terms for the $199/month maintenance service
• Website Project Terms for design and development projects
• Speed Sprint Terms for the speed optimization service

All client engagements are governed by our Master Services Agreement.

3. Free Website Audit

Our Free Website Audit tool provides an automated performance analysis using the Google PageSpeed Insights API. The results are informational only and do not constitute professional advice. Scores may vary between tests due to network conditions, server load, and other factors outside our control.

By submitting a URL for audit, you represent that you own or have authorization to test the submitted website.

4. Intellectual Property

4.1 Our Content

All content on this Website, including text, graphics, logos, icons, images, code, and design elements, is the property of PeakSpire Inc. and is protected by Canadian copyright law. You may not reproduce, distribute, modify, or create derivative works from our content without written permission.

4.2 Client Work

For paid client engagements, intellectual property ownership is governed by the applicable service agreement. Generally, clients own the final deliverables (website design, content specific to their business), while PeakSpire retains ownership of its proprietary tools, frameworks, processes, and reusable code.

4.3 Trademarks

“PeakSpire,” the PeakSpire logo, “Speed Sprint,” “Care Plan,” and “Summit” are trademarks or service marks of PeakSpire Inc. Use of these marks without written permission is prohibited.

5. User Submissions

When you submit information through our contact forms, audit tool, or other interactive features, you grant PeakSpire a non-exclusive, royalty-free licence to use that information for the purposes described in our Privacy Policy. You retain ownership of any intellectual property in your submissions.

6. AI-Powered Services

Our phone system uses an AI voice assistant (“Summit”) powered by OpenAI. When you call PeakSpire, your conversation is processed by artificial intelligence in real time. Calls are recorded and transcribed. See our AI Disclosure Policy and Call Recording Policy for details.

7. Third-Party Links

Our Website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or availability of those sites. Following third-party links is at your own risk.

8. Disclaimer of Warranties

The Website and its content are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

• The Website will be available at all times or free from errors
• PageSpeed audit results will be perfectly accurate or consistent
• Information on the Website is complete, current, or error-free
• Our AI voice assistant will provide perfectly accurate information in every interaction

9. Limitation of Liability

To the maximum extent permitted by applicable law, PeakSpire Inc., its owner, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Website, including but not limited to:

• Loss of revenue, profits, or business
• Loss of data or goodwill
• Service interruption or computer damage
• Reliance on information provided through the Website or AI assistant

Our total liability for any claim arising from the use of the Website shall not exceed $100 CAD.

10. Indemnification

You agree to indemnify and hold harmless PeakSpire Inc. from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from your use of the Website or violation of these Terms.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any disputes arising from these Terms shall be resolved in the courts of Ontario.

12. Dispute Resolution

Before initiating any legal proceedings, you agree to first contact us at info@peakspire.ca and attempt to resolve the dispute informally. We will make reasonable efforts to resolve any concern within 30 days.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last Updated” date at the top of this page. Continued use of the Website after changes constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us:

• Email: info@peakspire.ca
• Phone: (343) 842-4444
• Website: peakspire.ca