Peak OS Organization License Agreement

Version 2026-10-draft · Effective [DATE]

This Organization License Agreement (the "Agreement") is between Collective Genius, LLC, a Minnesota limited liability company ("we", "us") and the organization named at checkout ("Customer", "you"). The person who accepts this Agreement at checkout confirms they are authorized to bind the Customer. Using Peak OS on the Customer's behalf also means accepting it.

1. What you are licensing

Peak OS is a web application for strategic planning and team execution. It includes organizations, teams, objectives and key results, meetings, surveys, to-dos, the Peak Navigator AI coach, and related features (the "Service"). We grant the Customer a non-exclusive, non-transferable right to use the Service for its internal business purposes during the subscription term, subject to this Agreement.

2. Licenses and seats

Each license is one seat for one named person (an "Authorized User"). Seats may not be shared between people.
An organization admin can add or remove Authorized Users. Archiving a user frees their seat for someone new; their past work stays in the organization's records.
Every Authorized User must accept the Peak OS User License Agreement when they create their account.
The Customer is responsible for what its Authorized Users do in the Service.

3. Plans, fees and payment

Fees are based on the plan and number of seats chosen at checkout. [Current plans: $295 per month including 25 full licenses, then $10 per additional license per month; startup pricing of $10 per license per month by arrangement; free single-license trial.]
Subscriptions are billed monthly in advance, in US dollars, through our payment processor (Stripe), to the card on file. [Confirm whether annual billing is offered.]
Adding seats increases the charge on the same payment method, prorated for the current period. Removing seats lowers the charge from the next billing period. [Confirm proration policy.]
Fees are non-refundable except where the law requires otherwise or we agree in writing.
Prices exclude taxes. The Customer pays any applicable sales, use or similar taxes.
If a payment fails, we may suspend access after [30] days' notice until it is paid. [Matches the pending 30-day grace period proposal.]
We may change prices with at least [30] days' notice before the next renewal.
Discount codes apply as stated when they are issued and may be withdrawn for future periods.

4. Acceptable use

The Customer will not, and will not let anyone else:

use the Service in violation of law or the rights of others;
upload malware, or try to break, probe or overload the Service or its security;
copy, resell, sublicense or make the Service available to anyone who is not an Authorized User;
reverse engineer the Service except where the law allows it;
use the Service or its AI output to build a competing product;
use API keys or automation to access data outside the Customer's own organization.

We may suspend access that we reasonably believe breaks these rules, and will tell the Customer why when we can.

5. Customer data

"Customer Data" means everything the Customer and its Authorized Users put into the Service, including plans, objectives, meeting notes, survey answers, recordings, transcripts and chat messages with the AI coach.
The Customer owns its Customer Data. We use it only to provide, secure, support and improve the Service, and as the Customer instructs.
We do not sell Customer Data. We may use aggregated, anonymized data, from which no company or person can be identified, for benchmarking and research and to improve and train our software and AI features, as described in our Privacy Policy.
We process personal information as described in our Privacy Policy. [If customers need a Data Processing Addendum, list it here.]
We keep reasonable technical and organizational safeguards in place, including encrypted connections and access controls.
We use service providers (subprocessors) to run the Service, including Replit for hosting, our database provider, Stripe for payments, email delivery, Google Analytics, and AI providers (currently OpenAI and xAI).
If the Customer engages a Certified Peak OS Coach, relevant team data may be shared with that coach to run sessions.

6. AI features

Some features send Customer Data to third-party AI providers to generate suggestions, summaries, coaching and transcripts.
AI output can be wrong or incomplete. The Customer is responsible for reviewing it before relying on it. It is not legal, financial, HR or other professional advice.
As between the parties, the Customer owns the output generated for it, to the extent it has any rights in it.
We may set fair-use limits on AI features. [Planned: usage quotas per organization.]

7. Meeting recording and transcription

Peak OS can record meeting audio and turn it into a transcript and summary. Audio is sent to our transcription provider and is not stored after it is transcribed; the transcript and summary are stored as Customer Data.
Recording laws differ by place, and some require everyone's consent. The Customer is responsible for telling participants and getting any consent the law requires before recording.
The Customer should not record meetings where participants have not agreed to it, or that include sensitive information it is not allowed to share with us or our providers.

8. Our responsibilities

We will make commercially reasonable efforts to keep the Service available and to fix problems the Customer reports. [No uptime SLA is offered unless agreed in writing.]
We may change or improve the Service. We will not materially reduce its core functionality during a paid term without notice.
Support is available at jeff.martin@collective-genius.com.

9. Term and termination

This Agreement starts when the Customer accepts it and continues for as long as the Customer has an active subscription. Subscriptions renew automatically each billing period until cancelled.
The Customer can cancel at any time. Cancellation takes effect at the end of the current billing period.
Either party may end this Agreement if the other materially breaches it and does not fix the breach within [30] days of notice.
When the Agreement ends, access stops. We keep Customer Data for 365 days after the account closes in case the Customer reactivates, unless the Customer asks us to delete it sooner, and the Customer can ask for an export during that time. After that we securely delete it, except for copies we must keep by law or that remain in routine backups until they expire.
Sections that by their nature should survive (such as payment owed, data ownership, disclaimers and limits of liability) survive termination.

10. Confidentiality

Each party will keep the other's non-public information confidential, use it only for this Agreement, and protect it with reasonable care. This does not cover information that is public, already known, independently developed, or that must be disclosed by law.

11. Our property

We own the Service, including its software, content, templates, the Peak framework materials and trademarks. The Customer gets only the rights this Agreement grants. If the Customer sends us feedback, we may use it without obligation.

12. Warranties and disclaimer

Each party confirms it has the authority to enter this Agreement. Other than that, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, including merchantability, fitness for a particular purpose and non-infringement, and we do not promise the Service will be error-free or uninterrupted.

13. Limitation of liability

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits, revenue or data, even if told they were possible.
Each party's total liability under this Agreement is limited to the fees the Customer paid us in the 12 months before the claim.
These limits do not apply to the Customer's payment obligations, a party's breach of confidentiality, or a party's gross negligence or willful misconduct. [Confirm carve-outs.]

14. Indemnity

The Customer will defend, indemnify and hold harmless Collective Genius, LLC and its affiliates, officers and employees from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from the Customer's or its Authorized Users' use of the Service, their Customer Data, or a breach of this Agreement.

15. General

Governing law. This Agreement is governed by the laws of the State of Minnesota, without regard to its conflict-of-laws rules. Disputes go exclusively to the state or federal courts located in Minnesota.
Changes. We may update this Agreement. We will give notice of material changes at least [30] days before they take effect, and continued use after that means acceptance.
Assignment. Neither party may assign this Agreement without consent, except as part of a merger or sale of substantially all of its business.
Notices. Notices to us go to jeff.martin@collective-genius.com. Notices to the Customer go to the email of the account owner.
Entire agreement. This Agreement, the User License Agreement, the Privacy Policy and any order details at checkout are the whole agreement on this subject. If a signed agreement between the parties conflicts with this one, the signed agreement wins.
Other terms. If any part is unenforceable, the rest still applies. Not enforcing a term is not a waiver. Neither party is liable for delays caused by events outside its reasonable control.

Questions: jeff.martin@collective-genius.com