← Back to HomeLast updated: November 10, 2026
IMPORTANT NOTICE: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY CREATING AN ACCOUNT, SUBSCRIBING TO A PLAN, SIGNING AN ORDER FORM, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE RECURRING BILLING TERMS, USAGE-BASED FEES, CANCELLATION POLICY, AND BINDING ARBITRATION CLAUSE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and FiveStarMe LLC, a Wyoming limited liability company, doing business as Peak Local ("Peak Local," "we," "us," or "our"). By accessing or using our website at peaklocal.com, our marketing, messaging, review management and automation services, or any related services (collectively, the "Services"), you agree to be bound by these Terms.
By completing the checkout process, signing an order form, or clicking "I Agree" (or similar acceptance mechanism), you expressly acknowledge and agree to all terms contained herein, including but not limited to recurring subscription billing, usage-based charges, and the cancellation policy. Your electronic acceptance constitutes a binding signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
If you do not agree to these Terms in their entirety, you may not use the Services.
In these Terms: "End Client" means any business, brand or location for which you use the Services, including your own clients if you are an agency or reseller. "Recipient" means any person who receives a call, text message, email, review request or other communication sent through the Services. "Messaging Services" means SMS, MMS, email, voice calls, voicemail and similar communications sent through the Services, including through Twilio and other communications providers. "Third-Party Platforms" means platforms and providers used to deliver the Services, including Twilio, email delivery providers, review platforms such as Google, and AI and speech providers. "Bundled Services" means any service Peak Local offers together with or in addition to its core software and marketing services, including third-party products, phone number provisioning, Twilio messaging, sender registration, setup, onboarding and concierge services, listings, advertising, website, funnel and reputation services. "Twilio Policies" means Twilio's Acceptable Use Policy, Messaging Policy and Forbidden Message Categories, and any carrier or industry rules they incorporate, each as updated from time to time. "Messaging Laws" means the Telephone Consumer Protection Act ("TCPA"), the FTC Telemarketing Sales Rule ("TSR"), the CAN-SPAM Act, state telemarketing and "mini-TCPA" laws, CTIA guidelines and carrier requirements. References to "you" and "User" include your End Clients where the context requires, and you are responsible for them under Section 16B.
Peak Local provides marketing services and software for businesses. Depending on your plan or order form, the Services may include: review collection and reputation management; text message (SMS/MMS) and email marketing and follow-up; lead capture, forms, funnels and appointment booking; CRM and contact management; AI-powered automations, chat and content tools; inbound and outbound voice calls, including AI voice agents; listings and local search optimization; advertising and website services; reporting and analytics; and related setup and support. Some Services are delivered through Third-Party Platforms such as Twilio and whose terms may also apply.
Outbound calling, texting and email: The Services may be used to initiate outbound calls, text messages and emails on your behalf for purposes that include appointment confirmations and reminders, review requests, follow-ups, database re-engagement and marketing campaigns, promotional outreach, customer satisfaction surveys, lead qualification, and other sales and marketing communications. All outbound communications sent through the Services must comply with applicable telemarketing, messaging and consumer protection laws, including the Telephone Consumer Protection Act ("TCPA"), the FTC Telemarketing Sales Rule ("TSR"), the CAN-SPAM Act, and any other applicable federal or state regulations, including those governing automated, artificial intelligence-powered, or pre-recorded calls and messages. You, as the User, are solely responsible for ensuring that your campaigns comply with all applicable laws. This includes, where legally required, obtaining prior express written consent (PEWC) before sending automated or AI-powered telemarketing calls or text messages to wireless numbers.
An existing customer relationship may affect which consent standard applies to some communications, such as informational and transactional messages and calls, but it does not remove the need for prior express written consent for telemarketing or promotional calls or texts that use an automatic telephone dialing system, an artificial or prerecorded voice (which includes AI-generated voices) or similar technology to wireless numbers. You are solely responsible for determining the consent required for each call, text and email, for obtaining and keeping proof of it, and for honoring do-not-call and opt-out requests. Peak Local does not provide legal advice on consent standards. See Sections 13 and 13A.
You must be at least 18 years of age and capable of entering into a binding legal agreement to use the Services. By using the Services, you represent and warrant that you meet these requirements. If you are using the Services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.
To access certain features of the Services, you must create an account. You agree to provide accurate, complete, and current information during registration and to update such information as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.
5.1 Recurring Subscription Billing. Peak Local offers subscription-based plans on monthly and annual billing cycles, as described on our pricing page or in your order form. BY SUBSCRIBING TO ANY PLAN, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING CYCLE (MONTHLY OR ANNUALLY, DEPENDING ON YOUR SELECTED PLAN) AND THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE APPLICABLE SUBSCRIPTION FEE AT THE BEGINNING OF EACH RENEWAL PERIOD UNTIL YOU CANCEL. This is a recurring charge. There is no requirement for us to notify you before each recurring charge.
5.2 Usage-Based Charges. In addition to your subscription fee, your plan may include usage-based charges, such as per-minute voice call fees, per-message text or email charges, phone number rental, and other metered usage, at the rates in your plan or order form. Voice usage fees are calculated on total minutes consumed during each billing cycle, rounded up to the nearest minute per call. Usage fees are billed in arrears and are charged to your payment method on file at the end of each billing cycle or when your usage balance reaches a threshold amount, whichever comes first. YOU ACKNOWLEDGE AND AGREE THAT USAGE FEES ARE SEPARATE FROM AND IN ADDITION TO YOUR SUBSCRIPTION FEE AND WILL BE CHARGED AUTOMATICALLY TO YOUR PAYMENT METHOD ON FILE.
5.3 Payment Authorization. By providing your payment information and completing the checkout process or signing an order form, you authorize FiveStarMe LLC (DBA Peak Local) to charge your designated payment method for: (a) your selected subscription plan fee on a recurring basis (monthly or annually); (b) usage-based fees; (c) any applicable add-on services or one-time fees; and (d) pass-through charges and any fines, penalties or surcharges described in Section 13A.6. You agree to keep a valid payment method on file at all times during your subscription.
5.4 Add-On Services. Optional add-on services, including setup, onboarding and concierge services, are billed as one-time fees at the time of purchase and are non-refundable once the service has been initiated or delivered.
5.5 Failed Payments. If any charge to your payment method fails, we may retry the charge and/or suspend your access to the Services until payment is received. You remain responsible for all amounts owed regardless of whether your payment method is declined.
5.6 Price Changes. We reserve the right to change subscription pricing and usage rates with 30 days' advance notice via email to the address associated with your account. Continued use of the Services after a price change takes effect constitutes your acceptance of the new pricing.
At the time of checkout, before your subscription is activated, you will be presented with a summary of your selected plan, including the subscription fee amount, billing frequency (monthly or annual), any usage rates, and the recurring nature of the charges. By clicking the acceptance button (e.g., "I Agree to the Terms of Service" or similar), you confirm that:
Your electronic acceptance and the transaction records associated with your account serve as evidence of your agreement to these Terms and may be used in the event of a billing dispute or chargeback claim.
Any guarantee or refund terms that apply to your subscription or other Services (a "Services Guarantee") will be set out on the payment page of the subscription or other Services you order, or in your order form, and may differ by plan or offer. Please review those terms before you purchase. To make a claim under any Services Guarantee, contact our support team at team@peaklocal.com or 1-877-259-PEAK (7325) within the period stated there. Unless the guarantee terms say otherwise, the remedy they state is your sole and exclusive remedy for the matter the guarantee covers.
The following charges are NOT eligible for refund or credit under any Services Guarantee: (a) usage-based fees already incurred; (b) one-time add-on services already initiated or delivered.
8.1 How to Cancel. You may cancel your subscription at any time by: (a) logging into your account and using the cancellation feature in your account settings; or (b) contacting our support team at team@peaklocal.com or 1-877-259-PEAK (7325). We recommend canceling through your account dashboard for the fastest processing and to receive immediate confirmation.
8.2 When Cancellation Takes Effect. Cancellation takes effect at the end of your current paid billing period. You will retain full access to the Services until the end of that period. Your subscription will not renew after the current period ends, and no further subscription fees will be charged. For example, if you are on a monthly plan and cancel on day 15, you will continue to have access through the end of that monthly billing cycle.
8.3 No Partial Refunds. Subscription fees are non-refundable for partial billing periods. If you cancel mid-cycle, you will not receive a prorated refund for the unused portion of your current billing period. This applies to both monthly and annual subscriptions.
8.4 Outstanding Usage Fees. Upon cancellation, any outstanding usage-based fees incurred during your current billing cycle will be charged to your payment method on file. Cancellation does not waive or eliminate any usage fees already incurred. You are responsible for all usage charges up to the effective date of cancellation.
8.5 Annual Subscription Cancellation. If you are on an annual subscription, cancellation will take effect at the end of your current annual billing period. Annual subscription fees are non-refundable except as provided in any Services Guarantee terms described in Section 7 and on your payment page. By selecting an annual plan, you commit to the full annual term and agree that no refund will be issued for early cancellation outside any Services Guarantee period.
8.6 Cancellation Confirmation. Upon successful cancellation, you will receive a confirmation email to the address associated with your account. If you do not receive a confirmation, it is your responsibility to contact support to verify that your cancellation was processed. A subscription is not considered canceled until you receive written confirmation from Peak Local.
8.7 Reactivation. If you cancel and later wish to reactivate your subscription, you may do so by subscribing to a new plan. Previous pricing, promotions, or plan terms may not be available upon reactivation.
You may upgrade or downgrade your subscription plan at any time through your account settings or by contacting us. Upgrades take effect immediately, and you will be billed the prorated difference for the remainder of your current billing cycle. Downgrades take effect at the start of your next billing cycle. Plan changes do not affect usage rates unless your plan states otherwise.
You agree to use the Services only for lawful business purposes. You may not use the Services to: violate any applicable local, state, national, or international law or regulation; make or facilitate robocalls, spam calls, spam texts, spam email, or any communications that violate the TCPA, the FTC's TSR, the CAN-SPAM Act, or any other applicable federal or state regulations; engage in fraudulent, deceptive, or misleading practices; harass, threaten, or abuse any individual; transmit any malicious code, viruses, or harmful technology; attempt to gain unauthorized access to our systems, other users' accounts, or any third-party systems; or use the Services in any manner that could damage, disable, or impair the Services.
In addition to Section 10, you and your End Clients may not use the Services, including calls, text messages, emails and review requests, for or on behalf of any business in these categories (the "Forbidden Categories"): high-risk financial services (such as payday and short-term high-interest loans); third-party lead generation or lead selling; debt collection, debt forgiveness or debt relief; "get rich quick" schemes; illegal substances, including cannabis and CBD; gambling, sweepstakes and betting; phishing or other deceptive messages; and S.H.A.F.T. content (sex, hate, alcohol, firearms, tobacco, including vape and e-cigarette products). The current list is maintained by Twilio on its Forbidden Message Categories page and binds you as updated. Where Twilio allows a category only under conditions (for example alcohol with proper age gating), you must meet them and obtain Peak Local's written approval first.
You also may not: send spam or unsolicited commercial communications; buy, rent or scrape contact lists; use the Services to harass, impersonate or deceive anyone; scrape or extract data from the Services by automated means; reverse engineer or interfere with the Services; collect sensitive personal information (such as payment card numbers, government IDs or health data) through the Services without our written consent; or use the Services in a way that Peak Local reasonably believes creates legal or reputational risk for Peak Local, a Third-Party Platform or a carrier.
The Services are not designed for protected health information ("PHI") as defined by the Health Insurance Portability and Accountability Act ("HIPAA"). You may not submit, collect, store or transmit PHI through the Services, including in contact records, forms, messages, emails, notes, call recordings and transcripts, AI features, review requests or review responses, unless you have a written business associate agreement ("BAA") signed by Peak Local that covers the specific Services you use. Peak Local is not required to sign a BAA, and Third-Party Platforms used to deliver the Services, including Twilio, CRM and email systems, and AI providers, may not be covered by any BAA. If you or your End Clients are a HIPAA covered entity or business associate, you are solely responsible for determining whether any content or communication contains PHI, for HIPAA compliance, and for how you respond to patient reviews, since a response can itself disclose PHI. Peak Local may suspend the Services if it believes PHI is being sent through them without a signed BAA.
Some Services use artificial intelligence, including AI-generated content, chat, automated replies, summaries and AI voice agents that answer or place calls. AI output may be inaccurate, and you are responsible for reviewing and approving content and configurations before use, and for any decisions you make based on AI output. You must not rely on AI features for emergencies, or for legal, medical or financial advice.
You are responsible for ensuring that your use of AI features and automated communications complies with all applicable federal and state laws and regulations, including: (a) any requirements to disclose to callers, recipients or users that they are communicating with an AI or automated system; (b) the TCPA and the FTC's TSR as they apply to automated and AI-powered calls and texts; and (c) any other applicable regulations governing automated, artificial intelligence-powered, or pre-recorded communications, including state-specific AI disclosure or consumer notification laws in the jurisdictions where your customers are located. Peak Local is not responsible for your failure to make required disclosures or to comply with applicable regulations. You may not configure an AI voice agent or chat tool to claim to be human or to impersonate a real person.
If you use review collection or reputation management features, you agree that you and your End Clients will:
These standards reflect the FTC Consumer Review Rule (16 C.F.R. Part 465) and platform policies. You remain responsible for the conduct of your employees, vendors and End Clients on these points. Peak Local does not verify reviews you collect or display and may remove content, disable features or terminate your account for violations.
Where the Services include voice calls, calls may be recorded and transcribed. Messages, emails, forms, review requests and related engagement data (such as delivery, opens, clicks and replies) are also logged and stored as part of the Services. You are solely responsible for complying with all applicable laws on recording, monitoring and communications records, including obtaining any required consent from callers and other participants. Recording laws vary by jurisdiction, and some states require all-party consent. Peak Local provides the technology but does not provide legal advice regarding recording or consent compliance. Calls, transcripts, messages and related data are processed by third-party service providers, including telephony, messaging, email, CRM, speech-to-text and AI providers, as described in our Privacy Policy. You must give callers and Recipients every notice and obtain every consent that law requires for recording and processing.
Peak Local and its clients may use a variety of channels to communicate with customers, end users, and contacts. Current and future channels covered by this section include, without limitation: SMS (Short Message Service), MMS (Multimedia Messaging Service), email, voice calls and voicemail, and other messaging platforms or social media messaging tools that may be added to the Services over time (collectively, "Messaging Channels"). Use cases include but are not limited to: appointment confirmations and reminders, review requests, follow-up messages after calls or inquiries, service updates and notifications, responses to customer inquiries, and promotional or marketing messages. Where an existing customer relationship (an "EBR") exists between the User's business and the message recipient, the User may communicate with that recipient through applicable Messaging Channels for transactional and informational purposes, subject to applicable law and the recipient's right to opt out at any time. For promotional or marketing text messages and calls, the User must have obtained the recipient's prior express written consent as set out in Section 13A.4, regardless of any existing customer relationship. As new Messaging Channels become available through the Services, the terms of this Section 13 shall apply to those channels to the extent applicable.
Email Messaging: Peak Local and its clients may send email communications in connection with the Services. Email communications may include appointment confirmations, reminders, review requests, follow-ups, service notifications, and marketing or promotional content. Where an EBR exists between the User's business and the email recipient, the User may send commercial emails to that recipient without prior opt-in consent, provided that: (a) the email clearly identifies the sender; (b) the email includes a valid physical mailing address; (c) each commercial email contains a clear and conspicuous mechanism for the recipient to opt out of future email communications; and (d) opt-out requests are honored promptly, and no further commercial emails are sent to that recipient after a valid opt-out, within the time period required by applicable law (typically 10 business days under CAN-SPAM). For recipients with whom no EBR exists, the User is responsible for ensuring any required consent has been obtained before sending commercial email. All email communications through the Services must comply with the CAN-SPAM Act and any other applicable email marketing laws.
Existing Customer Communications (EBR): Users of the Services may communicate with their existing customers through Messaging Channels where an EBR exists for service reminders and follow-ups, satisfaction surveys and other transactional or informational communications, and for marketing by email in accordance with CAN-SPAM. Marketing text messages and calls require prior express written consent as set out in Section 13A.4, whether or not an EBR exists. Regardless of EBR status, recipients retain the right to opt out of any messaging at any time, and all opt-out requests must be honored promptly. Users must not use EBR status as a basis to communicate with recipients who have previously opted out or who have otherwise indicated they do not wish to receive communications.
Opt-Out: You may opt out of any Messaging Channel at any time using the following methods: (a) SMS/MMS: Text "STOP," "STOPALL," "UNSUBSCRIBE," "CANCEL," "END" or "QUIT" to the number from which you received the message. Upon sending one of these keywords, we will confirm your unsubscribe status via SMS. (b) Email: Click the "Unsubscribe" link in any email we send, or contact us directly at team@peaklocal.com. (c) Other channels, including calls: Follow the opt-out or unsubscribe instructions provided within the applicable channel, or contact us at team@peaklocal.com. To rejoin any Messaging Channel after opting out, sign up again as you did initially.
Help: If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or email us at team@peaklocal.com. You may also reach us by phone at 1-877-259-PEAK (7325).
Message & Data Rates: As always, message and data rates may apply for messages sent to you from us and to us from you. For questions about your text plan or data plan, contact your wireless provider.
Carrier Liability: Carriers (such as T-Mobile, AT&T, Verizon, etc.) are not liable for delayed or undelivered messages. Peak Local is not responsible for message delivery failures caused by carrier networks, email providers or device incompatibility.
Age Restriction: You must be at least 18 years of age to use the SMS messaging service. By opting in to receive text messages, you confirm that you are 18 years of age or older.
Privacy: For privacy-related inquiries regarding messaging and how your mobile information is handled, please refer to our Privacy Policy.
13A.1 Twilio and carriers. Text messages and voice calls sent through the Services run on infrastructure provided by Twilio and wireless carriers. All use of the Messaging Services is subject to the Twilio Policies, and you must follow them and ensure your End Clients do. Peak Local does not control carrier filtering or delivery and does not guarantee that any message will be delivered.
13A.2 Your own registered sender. Each User's text messages are sent from a Twilio phone number that Peak Local sets up and registers in the name and business details of you or your End Client, including A2P 10DLC brand and campaign registration or toll-free verification. Messages are not sent through a shared Peak Local number. You must supply complete and accurate information, accept any required Twilio or carrier terms, and complete registration before text messaging is enabled. Registration can take several days or longer, and Peak Local cannot guarantee approval or timing. You authorize Peak Local to submit registrations on your behalf as your agent. When your account ends, numbers are released or ported as Twilio and the carriers allow.
13A.3 Your responsibility. Registering the sender in your name or your End Client's name, and Peak Local's setup help, do not shift or reduce any of your obligations. You alone are responsible for the content of your messages, the lawful collection and use of your recipient lists, and compliance with Messaging Laws and the Twilio Policies.
13A.4 Consent. Before sending any message you must have obtained from each Recipient the consent Messaging Laws and the Twilio Policies require for that message type. For marketing and promotional texts and calls, that means prior express written consent. You must:
13A.5 Message content and conduct. Every message must clearly identify your business as the sender. You must honor STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT and similar opt-out requests immediately, respond to HELP, and send nothing further to an opted-out person except one confirmation. Peak Local may enforce no sends before 8 a.m. or after 9 p.m. in the Recipient's local time, and you must follow stricter state rules. You may not evade filtering, including by spreading messages over multiple numbers, using public or unbranded link shorteners, or disguising the sender. Messages must be truthful and may not be deceptive, harassing, unlawful or infringing.
13A.6 Accuracy, fees and fines. You are responsible for the accuracy of every registration. You will pay all Twilio and carrier fees, registration and vetting fees, number charges and usage charges we pass through, and any fines, penalties, surcharges or assessments imposed on Peak Local because of messages or calls sent by or for you or your End Clients. We may charge your payment method on file for these amounts, as provided in Section 5.3.
13A.7 Monitoring and cooperation. Peak Local may, but is not required to, review message content, templates, opt-in evidence, lists and complaint data, and may block, delay or filter messages that it believes violate these Terms, the Twilio Policies or the law. You must promptly cooperate with inquiries from Peak Local, Twilio, carriers and regulators, and report to us any complaint, claim or violation relating to your messages.
13A.8 Recipient notice. Messages sent by Users through the Services come from the User, not Peak Local. Recipients may reply STOP to opt out or HELP for help. Message and data rates may apply.
All content, features, functionality, software, and technology comprising the Services are owned by FiveStarMe LLC or its licensors and are protected by copyright, trademark, and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes during your subscription period. You may not copy, modify, distribute, sell, or lease any part of the Services.
You retain ownership of any content, data, scripts, business information, contact lists, logos, branding materials, trademarks, service marks, trade names, and other business intellectual property you provide to the Services ("Your Content"). By uploading or providing Your Content, you grant Peak Local a limited license to use, process, and store Your Content solely for the purpose of providing the Services to you. We will not sell or share Your Content with third parties except as necessary to operate the Services or as required by law. You represent that you have all rights, notices and consents needed for Your Content, including contact lists and phone numbers, and for Peak Local's use of it to provide the Services. You are responsible for its accuracy and legality.
The Services integrate with and may be delivered through Third-Party Platforms, including but not limited to CRM and marketing automation systems, calendar tools, telephony providers, Twilio, wireless carriers, email providers, review platforms, and AI and speech providers. Your use of Third-Party Platforms is subject to their own terms of service and privacy policies. Peak Local is not responsible for the actions, content, or availability of any Third-Party Platform.
16A.1 Peak Local may offer Bundled Services (see Section 1A), including Twilio-powered phone numbers and messaging. We may require you to accept additional terms for a Bundled Service ("Bundled Service Terms"), which become part of these Terms when you purchase or use it. Third-party providers' terms, including the Twilio Policies, also apply and you must follow them.
16A.2 Sections 10, 10A, 10B, 11, 11A, 13, 13A and 20 apply to every Bundled Service. You are responsible for your and your End Clients' use of Bundled Services, for the legality and accuracy of any content, scripts, lists, ads, listings or instructions you give us, and for having authority over every account, profile or property we manage for you.
16A.3 You must report any breach or suspected breach of Bundled Service Terms to us immediately. Peak Local may change, suspend or end any Bundled Service at any time. Except as stated in a Services Guarantee under Section 7, we do not guarantee any call volume, review volume, ranking, lead volume or revenue result.
16A.4 You will indemnify Peak Local under Section 20 for claims arising from your and your End Clients' use of Bundled Services, including claims by third-party providers such as Twilio and carriers.
If you use the Services for End Clients, including under your own brand ("White-Label Use"), you: (a) must bind each End Client in writing to terms at least as protective of Peak Local as these Terms, including Sections 10, 10A, 10B, 11, 11A, 13, 13A, 16A and 20; (b) are responsible to Peak Local for every End Client's acts and omissions as if they were your own; (c) must give End Clients all required notices and obtain all required consents; (d) may not resell the Services on a standalone basis or let anyone other than your End Clients use them; and (e) must not state or suggest that Peak Local is a party to your agreement with an End Client. Peak Local has no duty to End Clients, and End Clients have no right to enforce these Terms against Peak Local. Peak Local may require "Powered by" credits on white-label pages where your plan provides for them, and may suspend an individual End Client's messaging or calls under Section 22 without suspending your whole account.
We strive to maintain high uptime and reliability. However, we do not guarantee uninterrupted or error-free operation of the Services, which depend in part on Third-Party Platforms. We may perform scheduled maintenance, updates, or modifications that temporarily affect availability. We will make reasonable efforts to provide advance notice of planned downtime.
To the maximum extent permitted by law, FiveStarMe LLC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profits, business opportunities, data, or goodwill, arising from or related to your use of the Services. Our total liability for any claim arising from or related to the Services shall not exceed the total fees you paid to us in the twelve (12) months preceding the claim. These limits do not exclude liability for fraud, gross negligence or willful misconduct, and do not limit your payment or indemnification obligations.
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 implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your specific requirements, that AI features will perform without errors, that messages or calls will be delivered, that any sender registration will be approved, or, except as stated in a Services Guarantee under Section 7, that any review, ranking, lead or revenue result will occur.
You agree to defend, indemnify and hold harmless FiveStarMe LLC, its affiliates, and their officers, directors, employees, agents, licensors and service providers (including Twilio and wireless carriers) from and against all claims, demands, investigations, losses, liabilities, damages, judgments, settlements, fines, penalties, assessments and costs, including reasonable attorneys' and experts' fees, arising from or related to: (a) your or your End Clients' use of the Services or any Bundled Service, including calls, messages, emails, recordings, reviews and content sent or collected through them; (b) your or your End Clients' violation of these Terms, the Twilio Policies or any applicable law, including the TCPA and other Messaging Laws, telemarketing, privacy, call-recording, health-information (including HIPAA), consumer-protection and consumer-review laws; (c) calls, texts or emails sent without required consent, to numbers on do-not-call lists, outside permitted hours, or after an opt-out; (d) any use in a Forbidden Category, and any fine, penalty, surcharge, suspension or enforcement action by Twilio, a carrier or a regulator caused by you or an End Client; (e) Your Content, including how you obtained contact lists, and any claim that it infringes or violates a right of any person; (f) your End Clients' acts and omissions and any dispute between you and an End Client or Recipient; and (g) your gross negligence or willful misconduct. Peak Local may control the defense and settlement of any claim at your expense. You may not settle a claim in a way that admits fault by, or imposes obligations on, Peak Local without our written consent. You must notify us promptly of any claim. This indemnity is in addition to any other remedy.
21.1 Dispute Resolution Before Chargeback. If you believe a charge is incorrect, you agree to contact Peak Local at team@peaklocal.com or 1-877-259-PEAK (7325) to attempt to resolve the dispute before initiating a chargeback or payment dispute with your bank, credit card company, or payment provider.
21.2 Chargeback Consequences. If you initiate a chargeback or payment dispute without first attempting to resolve the issue directly with us, we reserve the right to: (a) immediately suspend or terminate your account and access to the Services; (b) report the dispute to applicable fraud prevention databases; (c) pursue collection of all amounts owed, including the disputed amount, any outstanding usage fees, and reasonable costs of collection (including attorneys' fees); and (d) contest the chargeback by providing evidence of your agreement to these Terms, your checkout acknowledgment, and your usage of the Services.
21.3 Evidence of Agreement. You acknowledge that your electronic acceptance of these Terms at checkout, your account creation records, your usage logs, and these Terms of Service collectively serve as evidence of your informed consent to all charges described herein. This evidence may be submitted to payment processors, banks, and arbitration proceedings in connection with any billing dispute.
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, non-payment, fraudulent chargebacks, a complaint, inquiry or enforcement action from Twilio, a carrier, a regulator or a recipient, unusually high complaint, opt-out or block rates, any use in a Forbidden Category, any breach of Section 10A, 10B, 11A, 13A or 16B, or conduct that we determine is harmful to other users, us, or third parties. Peak Local may suspend or limit the Services immediately, including for a single End Client, number or campaign, and will try but is not required to notify you first. Upon termination: (a) your right to use the Services ceases immediately; (b) any outstanding usage fees and subscription fees owed through the date of termination remain due and payable; (c) provisions of these Terms that by their nature should survive termination shall continue in full force and effect, including but not limited to Sections 13A.6, 14, 16B, 18, 19, 20, 21, 23, 24 and 26.
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation between the parties for a period of thirty (30) days from written notice of the dispute. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its then-current Commercial Arbitration Rules, conducted in Los Angeles, California, or at the election of either party, conducted virtually via video conference or telephonic hearing. If a party fails to appear at a duly noticed arbitration hearing, the arbitrator may proceed with the hearing and issue a final award in that party's absence, consistent with the AAA's Commercial Arbitration Rules. The arbitrator shall apply Wyoming substantive law to all claims. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing arbitration agreement, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin irreparable harm pending the outcome of arbitration, without waiving its right to arbitrate the underlying dispute. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.
We may update these Terms from time to time. When we make changes, we will update the "Last updated" date at the top of this page and, for material changes, we will provide additional notice such as an email notification or a prominent notice on our website. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to cancel your subscription in accordance with Section 8.
If you have questions about these Terms of Service, you may contact us at:
FiveStarMe LLC (DBA Peak Local)
Email: team@peaklocal.com
Phone: 1-877-259-PEAK (7325)
30 N Gould St, Ste R, Sheridan, WY 82801
Please also review our Privacy Policy for information about how we collect, use, and protect your data.
If you believe content on or through the Services infringes your copyright, follow the process in our DMCA Copyright Policy. It is Peak Local's policy to terminate, in appropriate circumstances, the accounts of repeat infringers.