Terms of
Service

Acceptance of Terms

By accessing or using the Peakstone Performance platform, website, mobile applications, online programs, or any related services (collectively, the "Services"), you confirm that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), as well as our Privacy Policy and Refund Policy, which are incorporated herein by reference.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Peakstone Performance LLC ("Company," "we," "us," or "our"), a company located at 1601 Riverfront Dr, Grand Junction, CO 81501.

If you do not agree to these Terms in their entirety, you must immediately discontinue use of our Services. Your continued use of the Services following any update to these Terms constitutes your acceptance of the revised Terms.

We reserve the right to update or modify these Terms at any time. In the event of a material change, we will notify registered users via email or through a prominent notice on the platform. It is your responsibility to review these Terms periodically.

Description of Services

Peakstone Performance provides an online fitness platform offering structured challenge and marathon programs of 7, 14, and 30 days in duration. Our Services include, but are not limited to:

• Structured daily workout and activity assignments delivered digitally;
• Completion tracking tools including streaks, logs, and weekly progress reports;
• Access to a community of participants for mutual motivation and accountability;
• Coach support services including feedback, corrections, and program adjustments;
• Educational content relating to fitness, recovery, nutrition, and general wellness;
• Notifications, reminders, and progress summaries delivered via email or in-platform messaging.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without liability to you. We may also introduce new features, products, or limitations at our discretion. The availability of specific features may vary depending on your subscription tier.

All content provided through the Services is for general informational and educational purposes only. It is not intended to replace professional medical, nutritional, or mental health advice. Please refer to Section 6 for our full medical and fitness disclaimer.

Eligibility and Account Registration

To use our Services, you must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. By registering for an account, you represent and warrant that you meet this eligibility requirement.

When creating your account, you agree to provide accurate, current, and complete information and to update such information as necessary to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify us immediately at support@peakstoneperformance.com if you suspect any unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

We reserve the right to refuse registration, terminate accounts, or remove content at our discretion, particularly in cases where these Terms are violated. One account per individual user is permitted. You may not create duplicate accounts or share your account credentials with third parties.

Subscriptions, Payments and Billing

Access to certain features of the Services requires the purchase of a program or subscription. All prices are listed in United States Dollars (USD) and are subject to change at our discretion. Any price changes will be communicated to existing subscribers prior to taking effect.

By providing a payment method and completing a purchase, you authorize Peakstone Performance and our third-party payment processors to charge you the applicable fees. All transactions are processed securely. We do not store full credit card information on our servers.

Subscriptions, where applicable, may renew automatically at the end of each billing cycle unless cancelled before the renewal date. It is your responsibility to cancel your subscription prior to renewal if you do not wish to be charged for the next cycle.

In the event of a failed payment, we reserve the right to suspend or terminate your access to the Services until payment is received. We are not liable for any interruption in service caused by payment failure.

All fees are exclusive of applicable taxes. You are responsible for paying any sales tax, value-added tax (VAT), goods and services tax (GST), or similar charges that may apply to your purchase based on your location. Please refer to our Refund Policy for information on refund eligibility and procedures.

User Conduct and Prohibited Activities

You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit anyone else's use and enjoyment of the Services. The following activities are strictly prohibited:

• Uploading, posting, or transmitting content that is unlawful, harmful, defamatory, obscene, threatening, or otherwise objectionable;
• Impersonating any person or entity, or falsely representing your affiliation with a person or entity;
• Attempting to gain unauthorized access to any part of the platform, other user accounts, or server infrastructure;
• Scraping, crawling, or otherwise extracting data from the platform without express written permission;
• Uploading or distributing malware, viruses, or any other code designed to disrupt, damage, or gain unauthorized access to systems;
• Engaging in harassment, bullying, or abusive behavior toward other participants, coaches, or staff;
• Sharing, reselling, or sublicensing your account access or program content to third parties;
• Using the platform for commercial solicitation, spam, or unauthorized advertising.

We reserve the right to investigate violations and take appropriate action, including removing content, suspending accounts, and reporting activity to law enforcement authorities where applicable. We are not obligated to monitor all user activity, but we may do so at our discretion.

Health, Fitness and Medical Disclaimer

THE FOLLOWING IS A CRITICAL SECTION. PLEASE READ IT CAREFULLY.

Peakstone Performance provides fitness and wellness content for general informational and educational purposes. Nothing on our platform constitutes professional medical advice, diagnosis, or treatment. The programs, exercises, nutritional suggestions, and recovery protocols are not substitutes for consultation with a qualified healthcare professional.

Before beginning any exercise program, dietary change, or wellness regimen — particularly if you have or suspect a pre-existing medical condition, injury, or health risk — you should consult your physician or licensed healthcare provider. This includes but is not limited to conditions such as cardiovascular disease, diabetes, joint or muscular injuries, pregnancy, or chronic illness.

By participating in any Peakstone Performance program, you acknowledge that:

• Physical exercise involves inherent risk of injury, and you voluntarily assume those risks;
• You are responsible for exercising within your personal limits and modifying activities as needed;
• Coach feedback provided through the platform is advisory in nature and not a substitute for in-person professional assessment;
• Results shown or discussed on the platform are not guaranteed and vary by individual;
• You will not hold Peakstone Performance liable for any injury, illness, or adverse outcome arising from participation in our programs.

If you experience pain, dizziness, shortness of breath, or any other concerning symptom during exercise, you should stop immediately and seek medical attention.

Intellectual Property Rights

All content available through the Services, including but not limited to workout programs, training protocols, written guides, video content, graphics, logos, icons, images, audio clips, and software, is the exclusive property of Peakstone Performance or its content licensors and is protected by applicable copyright, trademark, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the content solely for your personal, non-commercial use in connection with the Services. This license does not include the right to:

• Reproduce, distribute, or publicly display any content without prior written authorization;
• Modify or create derivative works based on our content;
• Use any data mining, robots, or similar tools to extract content;
• Sell, lease, or otherwise commercialize any portion of the Services or content.

Any unauthorized use of our intellectual property may result in termination of your account and may give rise to civil or criminal liability. Peakstone Performance aggressively enforces its intellectual property rights to the fullest extent permitted by law.

User-Generated Content

By submitting, posting, or sharing content on the platform — including but not limited to progress updates, comments, photos, check-ins, reviews, and messages — you grant Peakstone Performance a worldwide, royalty-free, non-exclusive, perpetual license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with our Services and marketing activities.

You represent and warrant that you own or have the right to submit all content you post, and that such content does not infringe the rights of any third party or violate any applicable laws. You remain solely responsible for the content you submit and any consequences arising from it.

We reserve the right to remove any user content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate, harmful, or objectionable. We are under no obligation to store, maintain, or return user-submitted content.

Privacy and Data Use

Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the practices described in the Privacy Policy.

We collect certain information necessary to provide the Services, including account registration data, fitness tracking inputs, purchase history, and communications. We use this information to deliver, improve, and personalize the Services and to communicate with you.

We do not sell your personal data to third parties. We may share data with trusted service providers who assist us in operating the platform, subject to appropriate confidentiality and data protection obligations. Please review the full Privacy Policy for complete details on our data practices.

Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Peakstone Performance does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not guarantee that the Services will meet your specific requirements or expectations.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAKSTONE PERFORMANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless Peakstone Performance, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or relating to:

• Your violation of these Terms;
• Your use of the Services, including any data or content you submit;
• Your violation of any applicable laws or regulations;
• Your infringement of any third-party rights, including intellectual property rights;
• Any injury or damage caused to yourself or others arising from your participation in any Peakstone Performance program.

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

Termination

We reserve the right to suspend or permanently terminate your access to the Services at any time and for any reason, including but not limited to violation of these Terms, fraudulent activity, abusive behavior, or non-payment of fees.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination — including intellectual property rights, disclaimers, indemnification, and limitations of liability — shall survive termination.

You may terminate your account at any time by contacting us at support@peakstoneperformance.com. Account termination does not entitle you to a refund of any fees paid, except as expressly provided in our Refund Policy.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Mesa County, Colorado for the resolution of any disputes arising out of or relating to these Terms or the Services.

Before initiating formal legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at support@peakstoneperformance.com. We will attempt in good faith to resolve the dispute within 30 days of receiving your written notice of the dispute.

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms, including their formation, interpretation, or breach, shall be submitted to binding arbitration administered in Grand Junction, Colorado in accordance with the American Arbitration Association rules, unless both parties mutually agree otherwise. The decision of the arbitrator shall be final and binding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's intellectual property rights or other confidential information.

Changes to These Terms

We reserve the right to update, revise, or replace any part of these Terms at any time at our sole discretion. Changes will be effective immediately upon posting to the platform or upon notification via email, as applicable.

We will indicate the date of the most recent update at the top of this page. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services after any changes constitutes your acceptance of the updated Terms.

If you do not agree to the revised Terms, you must stop using the Services and, if applicable, cancel your subscription prior to the effective date of the changes.

Miscellaneous

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Peakstone Performance with respect to the Services and supersede all prior agreements, representations, and understandings.

If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any default is not a waiver of any subsequent default.

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms.