PeakHour

Terms of Service

Last updated: February 14, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and PeakHour ("we", "us", or "Company") governing your access to and use of peakhour.ai and all associated services (the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

PeakHour is an AI-powered marketing automation platform that:

  • Analyzes your content across multiple dimensions using artificial intelligence.
  • Generates advertising creatives from your content for platforms including LinkedIn.
  • Manages and optimizes advertising campaigns on connected platforms.
  • Provides performance analytics and automated optimization recommendations.

3. Account Registration

  • You must provide accurate, complete, and current information when registering.
  • You are responsible for maintaining the confidentiality of your account credentials.
  • You are responsible for all activities that occur under your account.
  • You must notify us immediately of any unauthorized use of your account.
  • You must be at least 18 years old to create an account.
  • We reserve the right to suspend or terminate accounts that violate these Terms or remain inactive for an extended period.

4. Your Content

4.1 Ownership

You retain all ownership rights to content you upload, sync, or create through the Service ("Your Content"). This includes your original newsletters, articles, and other materials, as well as AI-generated outputs (ad creatives, tags, recommendations) derived from your content.

4.2 License to Us

By uploading or syncing content, you grant us a limited, non-exclusive, worldwide license to use, process, store, and display Your Content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or close your account.

4.3 Your Responsibilities

You represent and warrant that:

  • You own or have the right to use all content you submit to the Service.
  • Your content does not infringe any third-party intellectual property rights.
  • Your content does not contain unlawful, defamatory, or harmful material.
  • Ad creatives generated through the Service and deployed to platforms comply with those platforms' advertising policies. You are responsible for reviewing AI-generated content before deployment.

5. AI-Generated Content

The Service uses artificial intelligence — including our proprietary AI/ML models and third-party AI providers — to generate ad creatives, recommendations, and other outputs. You acknowledge that:

  • AI-generated content may not always be accurate, appropriate, or suitable for your purposes. You are responsible for reviewing all outputs before use.
  • AI outputs are generated based on your content and may reflect biases or errors present in the source material.
  • We do not guarantee that AI-generated ad creatives will comply with any specific advertising platform's policies. You are responsible for ensuring compliance.
  • We do not guarantee any specific advertising performance, conversion rate, or return on investment from AI-generated creatives.

6. Third-Party Platform Integrations

The Service integrates with third-party platforms (e.g., LinkedIn, Beehiiv). When you connect these platforms:

  • You authorize us to access and manage your accounts on those platforms within the scope of permissions you grant.
  • You remain bound by each platform's own terms of service and policies.
  • We are not responsible for changes to third-party APIs, policies, or terms that may affect the Service.
  • You may disconnect third-party integrations at any time through your account settings. Disconnecting will stop data sync but will not delete previously synced data unless you request deletion.

7. Advertising and Budget Management

  • You set advertising budgets and guardrails through the Service. You are responsible for the budgets you configure.
  • While the Service includes automated safety guardrails (auto-pause on spend limits, maximum cost-per-acquisition caps), these are assistive tools and we do not guarantee they will prevent all overspend scenarios.
  • Advertising spend is charged directly by the advertising platforms (e.g., LinkedIn), not by PeakHour. You are responsible for all charges incurred on your advertising platform accounts.
  • We are not liable for financial losses resulting from advertising campaigns managed through the Service.

8. Fees and Payment

  • Service fees are as described on our pricing page. We reserve the right to change pricing with 30 days' notice.
  • Payments are processed through Stripe. By providing payment information, you agree to Stripe's terms of service.
  • All fees are non-refundable except as required by applicable law or as explicitly stated in these Terms.
  • We may offer free tiers, trials, or promotional pricing at our discretion. These may be modified or discontinued at any time.

8.1 Plan Tiers

We offer three plan tiers that differ in pricing, data contribution, and AI model access:

  • Community plans are offered at reduced pricing. By selecting a Community plan, you agree to contribute anonymized, de-identified usage data to improve the shared platform model, as described in our Privacy Policy (Section 4). Data contribution is a condition of Community plan pricing and cannot be disabled while on a Community plan. You receive access to the shared platform model.
  • Professional plans are offered at standard pricing and do not include any data contribution. Your anonymized usage patterns are excluded from all aggregate training data. You receive access to the shared platform model without contributing to it.
  • Enterprise plans are offered at premium pricing and include a dedicated private AI model trained exclusively on your organization's data. Your data does not contribute to the shared platform model. The private model is isolated to your organization and learns your specific industry patterns, audience behaviors, and campaign performance over time.

All plan tiers provide the same core platform features. The pricing differences reflect: (a) the value that aggregated data contribution provides (Community discount), and (b) the dedicated infrastructure and compute resources required for private models (Enterprise premium), in compliance with applicable privacy regulations.

8.2 Free Trial

  • We may offer a free trial with limited usage. Free trial accounts require data contribution as a condition of the trial — by activating a trial, you agree to contribute anonymized, de-identified usage data to the shared platform model, as described in our Privacy Policy (Section 4.2).
  • Free trials are subject to usage limits (e.g., number of creatives, campaigns, or content items) as described on our pricing page. These limits may be changed at our discretion.
  • At the end of your trial period, you may choose any paid plan tier (Community, Professional, or Enterprise). If you do not select a paid plan, your account will be suspended until a plan is chosen. Your data will be retained for 30 days after trial expiration.

8.3 Plan Changes

  • You may change your plan tier at any time. Changes take effect at the start of your next billing cycle. If you switch from Community or a free trial to Professional or Enterprise, data contribution ceases at the plan change date; previously contributed anonymized data remains part of the aggregate dataset as it cannot be individually identified or extracted.
  • If you downgrade from Enterprise, your private model is decommissioned at the end of your current billing cycle. Data used to train your private model is deleted within 30 days of decommissioning.

9. Acceptable Use

You agree not to:

  • Use the Service for any unlawful purpose or in violation of any applicable laws.
  • Upload content that infringes intellectual property rights or contains malware.
  • Attempt to gain unauthorized access to the Service, other accounts, or our systems.
  • Use the Service to create misleading, deceptive, or fraudulent advertising.
  • Reverse engineer, decompile, or attempt to extract the source code of the Service.
  • Use the Service in a way that could damage, disable, or impair the Service or interfere with other users' access.
  • Resell, sublicense, or provide access to the Service to third parties without our written consent.

10. Intellectual Property

The Service, including its design, features, code, AI models, and documentation, is owned by PeakHour and protected by intellectual property laws. Nothing in these Terms grants you any right to our trademarks, logos, or brand assets.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure. We do not warrant the accuracy of AI-generated content or that it will meet your specific requirements.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKHOUR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold PeakHour harmless from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your content or advertising campaigns deployed through the Service.
  • Your violation of any third-party rights or applicable laws.

14. Termination

  • You may terminate your account at any time through your account settings or by contacting us.
  • We may suspend or terminate your account if you violate these Terms, with or without notice depending on the severity of the violation.
  • Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy.
  • Sections 4.1 (Ownership), 11 (Disclaimers), 12 (Limitation of Liability), and 13 (Indemnification) survive termination.

15. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

16. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PeakHour is incorporated, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by applicable law.

17. General Provisions

  • Entire Agreement: these Terms, together with the Privacy Policy, constitute the entire agreement between you and PeakHour.
  • Severability: if any provision is held invalid or unenforceable, the remaining provisions remain in full force.
  • Waiver: failure to enforce any right or provision does not constitute a waiver.
  • Assignment: you may not assign these Terms without our consent. We may assign our rights and obligations without restriction.

18. Contact Us

For questions about these Terms, contact us at:

Email: legal@peakhour.ai