Terms of service

Agreement

These terms govern use of Peak Scheduler, provided by TopOut Group ("we", "us"). By creating a workspace, signing in, or booking a meeting through a Peak Scheduler booking page, you agree to them. Where a customer has signed a separate written agreement with us, that agreement governs and these terms fill the gaps.

The service

Peak Scheduler routes inbound prospects to the right sales rep, offers times drawn from that rep's live Microsoft 365 calendar availability, books the meeting, creates the online meeting for it, and writes the result back to the customer's CRM. Bookings can be made from a booking page, an embedded widget, a browser extension, a HubSpot card or by a rep handing off to a colleague.

Accounts

• An account is for a named person. Do not share credentials, and tell us promptly if you believe an account has been compromised.
• Workspace administrators are responsible for who they invite, what role they grant and for removing people who leave.
• You are responsible for the accuracy of what you configure — meeting types, routing rules, availability and branding — and for what your workspace sends to invitees as a result.

Acceptable use

You agree not to:

• Use the service to send unsolicited bulk messages, or for any unlawful purpose.
• Attempt to access another workspace's data, probe or circumvent the service's security, or use it in a way that degrades it for others.
• Reverse engineer, resell or white-label the service except as expressly permitted in writing.
• Upload content you do not have the right to use, or that is unlawful, infringing or malicious.

We may suspend a workspace that is causing harm to the service or to other customers, and will restore it as soon as the cause is resolved.

Third-party services

Peak Scheduler connects to Microsoft 365, HubSpot and Zoom at the customer's choice. Those services are operated by their own providers under their own terms, and your use of them through Peak Scheduler remains subject to those terms — including their usage limits. Zoom, for example, caps how many meetings a single user may create or update in a day.

We are not responsible for a third-party service being unavailable, changing its API, or revoking access. Where an online meeting cannot be created, Peak Scheduler falls back to Microsoft Teams and flags the booking rather than losing it, but we cannot guarantee any particular provider will be available at any particular moment.

Your data

You keep ownership of everything you and your invitees put into Peak Scheduler. We use it to provide the service, as described in our privacy policy. We do not sell it and we do not use it to advertise.

You are responsible for having a lawful basis for the invitee data your workspace collects, and for answering invitees' requests about it.

Availability and support

We aim to keep Peak Scheduler available and to restore it quickly when it is not, but the service is provided without a committed uptime figure unless a separate written agreement says otherwise. Planned maintenance is scheduled to minimise disruption. Support is described on our support page.

Fees

Fees, billing period and any trial are set out in the order or plan agreed with each customer. Fees are payable in advance and are non-refundable except where the law requires otherwise. We will give notice before a price change takes effect.

Disclaimer

Except as expressly stated, the service is provided "as is" and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the fullest extent the law permits. Peak Scheduler schedules meetings; it does not guarantee that a meeting will be attended or that a calendar held elsewhere is accurate.

Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data. Our total liability arising out of or relating to the service is limited to the fees paid for it in the twelve months before the claim arose. Nothing here limits liability that cannot be limited by law.

Termination

A customer may stop using Peak Scheduler and close its workspace at any time. We may terminate for material breach that is not fixed within 30 days of notice, or immediately where continued use is unlawful or harmful. On termination, access ends and workspace data is deleted on the schedule set out in the privacy policy. Export your data before closing a workspace.

Changes

We may update these terms as the service develops. The date at the top changes when we do, and we will notify workspace administrators by email of material changes. Continuing to use the service after a change takes effect means accepting the updated terms.

Governing law

These terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules, and the courts located there have exclusive jurisdiction.

Contact

Questions about these terms: [email protected].