Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Customer," or "Licensee") and PeakMark LLC, a limited liability company organized under the laws of the State of North Carolina ("PeakMark," "we," "us," or "our"), governing your use of the PeakMark software application, including PeakTune, all associated modules, updates, and the website located at peakmarktools.com (collectively, the "Service").

By clicking "I Agree," installing, downloading, activating, or otherwise using the Service, you acknowledge that:

• You have read and understood these Terms in their entirety;
• You agree to be legally bound by these Terms;
• You have the legal authority to enter into this agreement on behalf of your organization (see Section 11);
• Your acceptance is recorded with a date and timestamp for our records.

If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Definitions

• "Software" means the PeakMark desktop application, including all modules (including PeakTune), updates, upgrades, and associated documentation.
• "Seat" means a single activated installation of the Software on one physical machine.
• "License Key" means the unique alphanumeric key (format: PM-XXX-XXXX-XXXX-XXXX) issued to a Customer upon purchase of a subscription.
• "Benchmark Data" means the scores, metrics, and results generated by running tests within the Software.
• "Optimization Recommendation" means any suggestion, setting, or guidance provided by the PeakTune module regarding hardware configuration changes.
• "Authorized User" means an employee or contractor of the Customer authorized to use the Software under a valid subscription.

License Grant

Subject to your compliance with these Terms and payment of applicable subscription fees, PeakMark LLC grants you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Software on the number of machines permitted by your subscription plan;
• Generate benchmark reports for internal business use;
• Share benchmark reports with your end customers as part of your hardware services.

This license does not include the right to sublicense, resell, redistribute, or otherwise transfer the Software or any rights therein to any third party without prior written consent from PeakMark LLC.

Seat Licensing & Usage Limits

Your subscription plan determines the maximum number of concurrent active Seats permitted:

• Starter Plan: Up to 3 active seats
• Pro Plan: Up to 10 active seats
• Enterprise Plan: Unlimited active seats within a single company

Each Seat is tied to one physical machine via a hardware fingerprint. You may deactivate a Seat through the admin portal to reassign it to another machine. Exceeding your plan's seat limit is a material breach of these Terms and may result in immediate suspension of your license.

Sharing a License Key outside of your organization, or using a single License Key to activate machines in multiple unrelated businesses, is strictly prohibited and constitutes fraud.

Restrictions on Use

You agree not to, and will not permit others to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software;
• Modify, adapt, translate, or create derivative works based on the Software;
• Rent, lease, lend, sell, resell, or sublicense the Software;
• Use the Software for any unlawful purpose or in violation of any applicable laws;
• Circumvent any license enforcement mechanisms or seat limits;
• Use the Software to benchmark hardware you do not own or have authorization to test;
• Misrepresent benchmark results in any commercial transaction;
• Attempt to damage, disable, or overburden PeakMark's infrastructure or license servers.

Hardware Optimization Disclaimer

6.1 Nature of Recommendations

PeakTune analyzes observable hardware metrics and surfaces potential optimization opportunities based on general performance thresholds and industry benchmarks. All recommendations are validated against stability parameters within the software's testing environment; however, PeakMark LLC makes no guarantee that any recommendation will be safe, stable, or appropriate for your specific hardware configuration, operating environment, or use case.

6.2 Overclocking and Performance Settings

Any modification to hardware settings beyond manufacturer-specified defaults — including but not limited to CPU or GPU clock speed increases, memory frequency or timing adjustments, voltage modifications, or power limit changes — carries inherent risk. Such modifications may:

• Void manufacturer warranties on affected components;
• Cause premature wear, degradation, or permanent failure of hardware components including processors, graphics cards, memory modules, and storage devices;
• Result in system instability, data loss, or corruption;
• Generate excessive heat that damages components or causes fire hazard;
• Produce unpredictable behavior that is not attributable to the Software.

6.3 User Responsibility

You acknowledge and agree that:

• All optimization recommendations require your explicit, manual approval before being applied;
• PeakMark LLC does not automatically apply any changes to hardware settings;
• You are solely responsible for evaluating whether any recommendation is appropriate for your hardware;
• You should consult manufacturer documentation and, where appropriate, a qualified hardware engineer before applying any performance modification;
• Any damage, degradation, or failure resulting from applying optimization recommendations is your sole responsibility.

6.4 No Warranty on Performance Gains

Estimated performance gain percentages displayed within PeakTune are approximations based on typical hardware profiles and are not guarantees. Actual results will vary based on your specific hardware, operating system configuration, installed software, and environmental conditions. PeakMark LLC makes no warranty that any stated performance gain will be achieved.

Hardware Risk & Benchmark Testing

Stress testing and benchmarking software, by its nature, places hardware under sustained high-load conditions. You acknowledge that:

• Running benchmark tests on hardware that is already degraded, improperly cooled, or operating outside of normal parameters may accelerate failure;
• PeakMark benchmark tests are designed for reasonably maintained hardware in typical operating environments;
• You are responsible for ensuring adequate cooling, power supply stability, and proper hardware maintenance before running any test;
• PeakMark LLC is not liable for any hardware failure that occurs during or after running benchmark tests, regardless of whether the hardware was functioning prior to testing.

Disclaimer of Warranties

THE SOFTWARE AND ALL ASSOCIATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEAKMARK LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF BENCHMARK RESULTS;
• WARRANTIES THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

Benchmark scores generated by PeakMark are measurements of software-layer performance and are intended as comparative indicators only. They do not represent absolute hardware specifications and should not be used as the sole basis for hardware purchasing decisions, warranty claims, or performance guarantees to third parties.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEAKMARK LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR PARENT COMPANY (APEX PROPERTY VENTURES) BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• COST OF REPLACEMENT HARDWARE OR COMPONENTS;
• DAMAGE TO HARDWARE OR PROPERTY RESULTING FROM USE OF THE SOFTWARE OR APPLICATION OF OPTIMIZATION RECOMMENDATIONS;
• ANY CLAIM ARISING FROM BENCHMARK RESULTS PROVIDED TO THIRD PARTIES.

IN ALL CASES, PEAKMARK LLC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO PEAKMARK LLC IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, PeakMark LLC's liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless PeakMark LLC, its officers, directors, employees, agents, affiliates, and parent company Apex Property Ventures from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the Software;
• Your application of any optimization recommendation provided by PeakTune;
• Any benchmark report you provide to a third party;
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Any claim by a third party arising from hardware damage that occurred during or after your use of the Software.

Authority to Bind — Business Authorization

If you are accepting these Terms on behalf of a company, partnership, corporation, or other legal entity ("Organization"), you individually represent and warrant that:

• You are at least 18 years of age;
• You are duly authorized to enter into binding legal agreements on behalf of the Organization;
• You have obtained all necessary approvals, consents, and authorizations within the Organization to enter into this agreement;
• The Organization has the legal capacity to enter into these Terms;
• Your acceptance of these Terms will bind the Organization and all of its Authorized Users to these Terms.

PeakMark LLC relies on this representation. If you do not have such authority, you must not accept these Terms or use the Software. Any individual who accepts these Terms without proper authority remains personally liable for any resulting breach.

Your digital acceptance — including your full name, title, organization name, and the date and timestamp of acceptance — is logged by PeakMark LLC and constitutes a legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.

Payment, Billing & Refunds

Subscription fees are billed monthly in advance. By providing payment information, you authorize PeakMark LLC to charge the applicable subscription fee on a recurring monthly basis until you cancel.

• All fees are in U.S. Dollars and are non-refundable except as required by applicable law;
• Failure to pay may result in suspension or termination of your license;
• Seat counts are fixed per billing period and are not prorated for partial months;
• PeakMark LLC reserves the right to modify pricing with 30 days' written notice.

Termination

Either party may terminate this agreement at any time. PeakMark LLC may suspend or terminate your license immediately and without notice if you:

• Breach any provision of these Terms;
• Fail to pay applicable subscription fees;
• Use the Software in a manner that exposes PeakMark LLC to legal liability;
• Engage in fraudulent activity related to seat licensing.

Upon termination, your license key will be revoked, all active seats will be deactivated, and you must uninstall the Software from all machines. Sections 6, 7, 8, 9, 10, 11, and 14 survive termination.

Intellectual Property

The Software, including all source code, algorithms, user interfaces, trade secrets, object code, documentation, and associated materials, is the exclusive property of PeakMark LLC and is protected by copyright, trade secret, and other intellectual property laws. Nothing in these Terms transfers any ownership of intellectual property to you. The PeakMark name, logo, and PeakTune are trademarks of PeakMark LLC.

Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Wake County, North Carolina. You consent to personal jurisdiction in such courts.

Before initiating any legal action, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of thirty (30) days following written notice of the dispute.

Changes to These Terms

PeakMark LLC reserves the right to modify these Terms at any time. We will notify you of material changes via email to the address on file or through an in-app notification. Your continued use of the Software after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to modified Terms, you must stop using the Software and cancel your subscription.

Contact Information

For questions regarding these Terms, please contact:

• PeakMark LLC
• Wake Forest, North Carolina
• Email: legal@peakmarktools.com
• Support: support@peakmarktools.com
• Website: peakmarktools.com