PeakFriend Terms of Service

Effective Date: 1 July 2025 Updated: 1 July 2026

By accessing or using our services, you agree to be bound by the following Terms of Service. Please read them carefully.

1. Using Our Services

To use PeakFriend, you must:

• Be at least 18 years old

• Provide accurate business information

• Use the services only for lawful and intended purposes

We reserve the right to suspend or terminate access if these conditions are not met.

2. Account & Access

You're responsible for:

• Keeping your account details secure

• Any activity occurring under your account

• Notifying us immediately if you suspect unauthorised use

3. Software & Integrations

Our platform connects with third-party services (like Alarm.com and Securitas). While we help manage these integrations, we are not liable for any faults or disruptions caused by those services. You agree to their respective terms of use.

4. Data & Privacy

We collect and use data to:

• Provide insights and automation

• Monitor equipment and venue activity

• Help you save energy, reduce waste, and improve operations

We treat your data with respect. Please refer to our Privacy Policy for more information.

5. Payment & Subscriptions

PeakFriend is offered on a subscription basis. By signing up, you agree to:

• Pay all fees as outlined in your plan

• Allow recurring billing unless cancelled before the next renewal

• Provide valid payment details

Late or failed payments may result in service interruption.

6. Title and Risk in Equipment

6.1 Retention of title. Title to and ownership of all hardware, devices, sensors, panels, cameras, cabling and other equipment supplied by PeakFriend (the Equipment) remains with PeakFriend, and does not pass to you, until PeakFriend has received payment in full and in cleared funds of all amounts owing by you to PeakFriend on any account, including the purchase price of the Equipment, installation charges, subscription and monitoring fees, and any interest, costs or charges payable under these Terms.

6.2 Passing of risk. Risk in the Equipment passes to you on delivery or on commencement of installation at your premises, whichever occurs first. From that time you are responsible for the Equipment and must insure it for its full replacement value against loss, theft and damage, notwithstanding that title has not yet passed.

6.3 Your obligations while title remains with PeakFriend. Until title passes, you must:

a. hold the Equipment as bailee for PeakFriend and keep it in good condition (fair wear and tear excepted);

b. keep the Equipment at the installation address and not remove, relocate or alter it without PeakFriend's prior written consent;

c. not sell, lease, transfer, encumber, charge or otherwise deal with the Equipment or purport to grant any interest in it to a third party; and

d. notify PeakFriend promptly in writing if the Equipment is lost, damaged or seized, if you become insolvent or are placed under external administration, or if you vacate the installation premises.

6.4 Equipment remains personal property. The Equipment remains the personal property of PeakFriend and does not become a fixture, notwithstanding that it may be affixed to or installed in any land or building.

6.5 Non-payment. If you fail to pay any amount by its due date, PeakFriend may (in addition to any other right or remedy available to it) suspend or withhold delivery of further Equipment or services and take reasonable steps to recover the Equipment or the amounts owing.

6.6 Consumer guarantees. Nothing in this clause excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

7. Cancellations & Refunds

You may cancel your subscription at any time by contacting us in writing. We do not provide refunds for partial billing periods unless required by law.

Should you cancel your subscription with PeakFriend, a final uninstallation cost will be charged to your account to cover the technician's cost to remove the PeakFriend system if required.

8. Service Availability

We do our best to ensure PeakFriend runs smoothly. However, we can't guarantee:

• Continuous, uninterrupted access

• That the service will be error-free or secure

From time to time, services may be temporarily suspended for maintenance or updates.

9. Limitation of Liability

To the fullest extent permitted by law, PeakFriend and its partners are not liable for:

• Loss of profit, revenue, or business opportunities

• Damages resulting from third-party platforms or hardware

• Any indirect, incidental, or consequential losses

Our total liability is limited to the amount you've paid us in the last 12 months.

11. Changes to These Terms

We may update these Terms from time to time. If significant changes are made, we'll notify you via email or your dashboard.

10. Contact

Have a question? Email us at hello@peakfriend.com.au

11. Governing Law

These Terms are governed by the laws of Victoria, Australia.