Terms of Service

1. Definitions

• “Affiliate” means any entity that controls, is controlled by, or is under common control with PeakLogic.
• “Agreement” means these Terms together with any order form, statement of work, BAA, data processing addendum, or other written agreement between you (or your organization) and PeakLogic that references these Terms.
• “Customer Data” means information submitted to the Services by or on behalf of you or your organization, including PHI where applicable.
• “Services” means PeakLogic’s websites, software applications, APIs, support services, documentation, and related offerings made available by PeakLogic.
• “User” means an individual authorized to access the Services under your account.

2. Agreement to these Terms; eligibility

By accessing or using the Services, you agree to these Terms on behalf of yourself and, if applicable, the organization you represent. If you do not agree, do not use the Services.

You represent that you are at least the age of majority in your jurisdiction and have authority to bind your organization. If you use the Services on behalf of an organization, “you” includes that organization.

You will not use the Services where prohibited by export control, sanctions, or other applicable law.

3. Order of precedence; enterprise agreements

If you or your organization has executed a separate written agreement with PeakLogic (for example, an order form, master services agreement, or BAA), that agreement may supplement or supersede portions of these Terms for the subject matter it covers. If there is a conflict, the following order of precedence applies (unless the parties expressly agree otherwise in writing):

1. The signed enterprise agreement and its exhibits (including any BAA);
2. Any data processing or security addendum incorporated by reference;
3. These Terms;
4. Other policies referenced as incorporated into the Services.

4. Changes to the Services and these Terms

We may modify the Services and these Terms. We will post updated Terms on this page and update the “Last updated” date. If a change is material, we will provide additional notice as required by law or as stated in your enterprise agreement.

Your continued use of the Services after the effective date of revised Terms constitutes acceptance of the revised Terms, except where prohibited by law or where your separate agreement requires a different change process.

5. Description of the Services

PeakLogic provides cloud-based software and related services that support clinics and healthcare organizations in delivering personalized repetitive transcranial magnetic stimulation (PrTMS®) workflows, including operational workflows that may connect assessment, documentation, protocol-related operations, treatment pathways, and related recordkeeping, as configured by your organization.

Features, environments, and availability may differ between production, demonstration, training, sandbox, and evaluation deployments. Unless expressly agreed in writing, we do not guarantee any particular feature, integration, or outcome.

Public educational information about PrTMS® may be available on third-party sites such as prtms.com. Third-party sites are not operated under these Terms.

6. Accounts; credentials; administrators

You must provide accurate account information and keep it current. You are responsible for maintaining the confidentiality of credentials and for all activity that occurs under your account, except to the extent caused by PeakLogic’s gross negligence or willful misconduct.

Your organization may designate administrators who can provision accounts, assign roles, and control access. You agree to follow your organization’s policies and applicable law when using the Services.

You must notify your administrator and PeakLogic promptly if you become aware of unauthorized access or a security incident involving your account.

We may suspend or terminate access to protect the Services, users, or third parties, to investigate suspected violations of these Terms, or to comply with law.

7. Customer obligations; lawful and authorized use

You agree that:

• You will use the Services only for lawful purposes and in compliance with these Terms and applicable regulations, including HIPAA where applicable;
• You will obtain and maintain all rights, consents, authorizations, and notices required to submit Customer Data to the Services;
• You will not submit Customer Data that you are not authorized to share with PeakLogic under law or contract;
• You will not use the Services in any manner that could harm patients, users, or third parties, or that could create undue risk to PeakLogic’s systems or reputation.

8. Fees; taxes; trials

If you purchase paid Services, fees, billing cycles, and payment methods are set forth in an applicable order form or checkout flow. Unless otherwise stated, fees are non-refundable except as required by law or expressly stated in writing.

You are responsible for applicable taxes, duties, and governmental assessments excluding taxes based on PeakLogic’s net income, unless your order form states otherwise.

If PeakLogic provides evaluation, pilot, or trial access, we may impose usage limits, time limits, and additional terms communicated at signup or in-product.

9. Beta, demo, sandbox, and pre-release features

We may offer beta, demo, sandbox, or pre-release features. These may be incomplete, unstable, or subject to change or withdrawal without notice. They are provided “as is” without warranty of any kind. You acknowledge that beta features may process data differently than production environments and should not be used for production clinical decisions unless expressly approved in writing.

10. Acceptable use policy

Without limiting other obligations, you agree not to:

• Violate applicable law, including privacy, security, export control, and healthcare fraud and abuse laws;
• Access or attempt to access non-public areas of the Services, other users’ data, or PeakLogic systems without authorization;
• Probe, scan, or test the vulnerability of the Services, or breach security or authentication measures;
• Interfere with or disrupt the Services, servers, networks, or third-party systems, including denial-of-service attacks;
• Circumvent technical limitations, usage limits, or billing mechanisms;
• Introduce malware, exploit vulnerabilities, or distribute harmful code;
• Use automated means (including scraping, bots, or bulk extraction) to access the Services without our prior written consent;
• Send unsolicited or misleading communications, or use the Services to spam third parties;
• Misrepresent identity, affiliation, or authority, or impersonate another person or entity;
• Use the Services to build a competing product or service, or to benchmark the Services for publication without our prior written consent;
• Reverse engineer, decompile, or disassemble the Services except to the extent such restriction is prohibited by applicable law;
• Remove, obscure, or alter proprietary notices, trademarks, or legal terms in the Services.

11. Monitoring; enforcement

We may monitor use of the Services for security, abuse prevention, performance, and compliance purposes, subject to applicable law and our agreements with you. We may investigate suspected violations and cooperate with law enforcement and regulators.

We may remove or disable content, suspend accounts, throttle usage, or take other remedial action where we reasonably believe it is necessary to protect the Services or comply with law.

12. Customer Data; license to PeakLogic

As between you and PeakLogic, you retain all rights to Customer Data that you are lawfully permitted to retain. You grant PeakLogic a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use Customer Data solely to provide, secure, operate, and improve the Services, comply with law, and exercise our rights under these Terms, consistent with our Privacy Policy and any BAA.

You represent and warrant that you have all rights necessary to grant the license above and that Customer Data does not violate third-party rights or applicable law.

13. Feedback

If you provide suggestions, ideas, or feedback about the Services (“Feedback”), you grant PeakLogic a perpetual, irrevocable, worldwide, royalty-free license to use Feedback for any purpose without obligation to you, subject to any confidentiality obligations that apply to information designated as confidential under a written agreement.

14. PeakLogic intellectual property

PeakLogic and its licensors own all right, title, and interest in the Services, including software, documentation, trademarks, logos, trade dress, and other intellectual property, excluding Customer Data.

Subject to these Terms and your applicable agreements, PeakLogic grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the term for your internal business purposes in accordance with documentation and your subscription scope.

PrTMS® and PeakLogic® are trademarks of PeakLogic or its licensors. Third-party marks are the property of their respective owners. No rights are granted except as expressly stated.

15. Third-party services and integrations

The Services may interoperate with third-party products, identity providers, and integrations enabled by you or your organization. Those third-party services are governed by their own terms and privacy policies. PeakLogic is not responsible for third-party services or for data processed by third parties outside the Services.

16. Confidentiality

Each party will protect the other’s confidential information using reasonable care and will use it only to perform under these Terms or as otherwise permitted by writing. Confidential information does not include information that is public through no fault of the recipient, independently developed, or rightfully received from a third party without duty of confidentiality.

PHI and other regulated data are subject to additional obligations under HIPAA, BAAs, and applicable law.

17. Security; shared responsibility

PeakLogic implements security measures designed to protect the Services as described in our security documentation and Privacy Policy. Security is a shared responsibility: you are responsible for configuring access controls within your organization, managing credentials, classifying data appropriately, and using the Services consistently with your policies and legal obligations.

18. Availability; support; maintenance

We strive to maintain reliable operation of the Services but do not guarantee uninterrupted availability. The Services may be unavailable for maintenance, upgrades, emergencies, and events outside our reasonable control.

Support offerings, response times, and service level commitments (if any) are set forth in your order form or support policy.

19. Export controls; sanctions

The Services may be subject to U.S. and international export control and sanctions laws. You represent that you are not prohibited from receiving the Services, and you will not use or export the Services in violation of those laws.

20. U.S. government users

If you are a U.S. government entity, the Services are “commercial computer software” and “commercial computer software documentation” as those terms are used in applicable regulations, and rights are limited to those granted to all other users under these Terms, unless a separate government contract states otherwise.

21. No medical advice; clinical responsibility

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT. THE SERVICES ARE INTENDED TO SUPPORT DOCUMENTATION AND OPERATIONAL WORKFLOWS AS CONFIGURED BY YOUR ORGANIZATION. NOTHING IN THE SERVICES OR ON OUR PUBLIC WEBSITES CONSTITUTES MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.

LICENSED PROVIDERS AND YOUR ORGANIZATION ARE SOLELY RESPONSIBLE FOR CLINICAL DECISIONS, SUPERVISION, AND COMPLIANCE WITH STANDARDS OF CARE AND APPLICABLE PROFESSIONAL RULES.

22. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. PEAKLOGIC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

PEAKLOGIC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, OR BE FREE OF HARMFUL COMPONENTS. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE SERVICES.

23. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PEAKLOGIC OR ITS AFFILIATES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKLOGIC’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID PEAKLOGIC FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US $100) IF NO FEES WERE PAID IN THAT PERIOD.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THAT CASE, PEAKLOGIC’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

THE SERVICES MAY ENABLE YOU TO RECORD, STORE, OR TRANSMIT CLINICAL INFORMATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKLOGIC IS NOT LIABLE FOR CLINICAL OUTCOMES, TREATMENT DECISIONS, OR PATIENT HARM ARISING FROM USE OR MISUSE OF THE SERVICES BY YOU OR THIRD PARTIES, EXCEPT WHERE PROHIBITED BY LAW.

24. Indemnification

You will defend, indemnify, and hold harmless PeakLogic, its Affiliates, and their respective directors, officers, employees, contractors, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data or your use of the Services; (b) your violation of these Terms or applicable law; (c) your violation of third-party rights; or (d) disputes between you and your organization, except to the extent arising from PeakLogic’s gross negligence or willful misconduct.

PeakLogic may assume exclusive defense and control of any matter subject to indemnification at its expense, and you will cooperate reasonably with PeakLogic’s defense.

25. Suspension; termination; data export

You may stop using the Services at any time. We may suspend or terminate access for breach, risk, non-payment (where applicable), or as required by law.

Upon termination, your right to access the Services ceases. Sections intended by their nature to survive (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, and dispute resolution) survive.

Export of Customer Data after termination may be available as described in your enterprise agreement or support policy, subject to technical feasibility and law.

26. Dispute resolution; informal resolution; governing law; venue

27. Force majeure

PeakLogic will not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials, or failures of the internet or third-party hosting providers.

28. General provisions

• Independent contractors: the parties are independent contractors, not partners, joint venturers, or agency relationships.
• Assignment: you may not assign these Terms without PeakLogic’s prior written consent; PeakLogic may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices: we may provide notices via email, the Services, or posting on our website. You are responsible for keeping contact information current.
• Electronic communications: you consent to receive communications electronically and agree that such communications satisfy any legal writing requirements to the extent permitted by law.
• Entire agreement: these Terms, together with any enterprise agreement, constitute the entire agreement regarding their subject matter and supersede prior discussions.
• Severability: if any provision is held unenforceable, the remaining provisions remain in effect.
• Waiver: failure to enforce a provision is not a waiver.
• Statute of limitations: any claim arising out of or related to these Terms or the Services must be brought within one (1) year after the cause of action accrues, or the shortest period permitted by applicable law, whichever is longer.

29. Contact

Questions about these Terms? Contact us via Contact or Support.

PeakLogic
12625 High Bluff Drive, Suite 318
San Diego, CA 92130
United States

Phone: (619) 877-8672