Peak Trigger Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and CXT LTD (“we,” “us,” or “our”), concerning your access to and use of the Peak Trigger application (the “Service”). You agree that by installing, accessing, or using the Service, you have read, understood, and agreed to be bound by all of these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. The Service

Peak Trigger is a HubSpot Marketplace application that connects to your HubSpot instance to analyse contact engagement rates in email campaigns. To use the Service, you must have an active HubSpot account and grant us the necessary permissions to access your data as outlined in our Privacy Policy.

3. User License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes, solely in connection with your HubSpot account.

4. User Responsibilities

You are responsible for: * Maintaining the security of your HubSpot account and credentials. * The accuracy, quality, and legality of the data you provide to the Service. * Complying with all applicable laws and regulations in connection with your use of the Service, including data privacy laws.

You agree not to use the Service to: * Engage in any illegal or fraudulent activity. * Reverse engineer, decompile, or otherwise attempt to discover the source code of the Service. * Resell or sublicense the Service to any third party.

5. Fees and Payment

Certain features of the Service may be provided for a fee. All fees are non-refundable. If you subscribe to a paid plan, your subscription will automatically renew for the same period unless you cancel prior to the renewal date. We reserve the right to change our fees upon thirty (30) days’ notice.

6. Intellectual Property Rights

We own all rights, title, and interest in and to the Service, including all related intellectual property rights. These Terms do not grant you any rights to our trademarks or other brand assets. You retain all ownership rights to the data you provide from your HubSpot account (“Your Data”).

7. Data & Privacy

Your use of the Service is subject to our Privacy Policy, which is hereby incorporated into these Terms. By using the Service, you consent to the collection, storage, and processing of Your Data as described in the Privacy Policy, including the transfer of data from HubSpot to our servers.

8. Term and Termination

These Terms will remain in effect as long as you use the Service. You may terminate this agreement at any time by uninstalling the Peak Trigger application from your HubSpot account. We may suspend or terminate your access to the Service at our discretion, without notice, if you breach these Terms. Upon termination, your license to use the Service will cease, and we will delete Your Data in accordance with our Privacy Policy.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CXT LTD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in England.

12. Changes to these Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at: contact@peaktrigger.com