Terms of Service

1. Acceptance of These Terms

1.1 Agreement. These Terms of Service (“Terms”) are a binding agreement between you and Peak Mind Mechanics (“Peak Mind,” “PMM,” “we,” “us”) governing your use of the Peak Mind Coach application on iOS and the web, and related services (together, the “Service”). The Privacy Policy is incorporated by reference.

1.2 How you accept. You accept these Terms by checking the acceptance box presented at account creation, which is accompanied by conspicuous notice that checking it constitutes your agreement to these Terms and the Privacy Policy. We record the acceptance event — who accepted, when, and the exact document versions accepted — and retain that record so your agreement is always provable, to you and to us. We do not rely on browsing, footers, or implied assent.

1.3 Changes. We may revise these Terms. Material changes will be versioned, summarized in a change log, and will require your explicit acknowledgement in-app — through the same documented acceptance mechanism — before continued use. We will never silently expand the purposes for which your data may be used; new purposes require new consent (Section 7.4). The exact text of every version you agreed to is retained and available to you on request.

2. Eligibility

2.1 Adults only. You must be at least 18 years old to create an account or use the Service. Account creation includes an age gate, and by using the Service you represent that you are at least 18. Where you act for an organization, you also represent that you are authorized to bind it.

2.2 Underage accounts. The Service is not directed to anyone under 18. If we learn that an account belongs to someone under 18, we will terminate the account and delete its data. If a future version of the Service supports users aged 13–17, it will require server-verified parental consent using a method recognized under the Children’s Online Privacy Protection Rule before any collection occurs, and will be announced as a material change under Section 1.3.

3. The Service; Not Medical or Mental Health Care

3.1 What the Service is. The Service provides mental-performance assessment, coaching content, readiness tracking, and related insights for individual users (“Performers”), their coaches (“Leaders”), and practitioners (“Engineers”), including within enterprise organizations.

3.2 What the Service is not. The Service is not medical care, mental health treatment, therapy, or a medical device, and its outputs are not medical advice, diagnosis, or treatment. The Service is not a crisis resource. If you are experiencing a medical or mental-health emergency, contact local emergency services. Always consult qualified professionals for medical or mental-health decisions. You are responsible for decisions you make based on the Service’s outputs.

4. Accounts, Security, and Roles

• You are responsible for your account credentials and for activity under your account. Notify us promptly of any unauthorized use.
• Role-based visibility (what a Leader, Engineer, or enterprise organization can see about a Performer) is controlled by the Performer’s consent selections in the Consent Center and enforced by row-level access controls. Leaders and Engineers may access only what the Performer’s active consent state permits.
• Enterprise organizations may administer seats but acquire no rights in a Performer’s underlying data beyond the visibility scope the Performer has granted and the terms of the applicable enterprise agreement. No organization may use Performer data for employment, promotion, discipline, insurance, or similar consequential decisions; that use is prohibited by Section 10 regardless of any visibility setting.

5. Your Content and Data — Ownership

5.1 You own your data. As between you and Peak Mind, you own your personal data and the content you submit to the Service, including assessments, check-ins, reflections, journals, goals, sensor data, and imported data (collectively, “User Data”). Nothing in these Terms transfers ownership of User Data to Peak Mind.

5.2 We own the Service and de-identified derivatives. Peak Mind owns the Service, its software, models, algorithms, and content, and — to the extent permitted by law and by your consent selections — the aggregate statistics, benchmarks, and de-identified datasets and models it creates. De-identified derivatives are created and used only as described in Section 7 and the Privacy Policy.

6. Service Data License

6.1 License grant. So that we can operate the Service, you grant Peak Mind a worldwide, non-exclusive, royalty-free, sublicensable (solely to the sub-processors listed in our published sub-processor register) and transferable (solely as described in Section 8) license to host, store, back up, transmit, process, analyze, display, and create derivative presentations of your User Data for the following purposes:

• Operate the Service — deliver assessments, coaching, insights, and role-based features to you and, where your consent permits, to your Leader, Engineer, or enterprise organization.
• Maintain and secure the Service — debug, prevent fraud and abuse, enforce these Terms, and comply with law.
• Improve the Service — measure quality and evaluate features, only if you have enabled the Product Improvement & Analytics scope.
• Consented data programs — the research and commercial purposes described in Section 7, only for data whose recorded consent state authorizes the specific purpose.

6.2 Limits. This license is bounded by your consent selections and by the Privacy Policy. It does not grant Peak Mind any right to train, fine-tune, or improve AI or coaching models on your data, to include your data in any research program, or to license any dataset containing or derived from your data — those rights exist only within the opt-in scopes in Section 7, only while the relevant scope is active, and only for records captured while it was active.

7. Research and Commercial Data Programs (Opt-In Only)

7.1 The Consent Center. The Service presents research, AI, sensor, and sharing permissions as independent, individually revocable opt-in scopes in the Consent Center. Every scope is off by default unless strictly necessary to operate the Service. Every record we capture is bound, at the moment of capture, to the consent state then in effect, so the permitted uses of each record are provable individually and permanently.

7.2 The scopes. The Consent Center includes: Product Improvement & Analytics; Internal Research; De-Identified Academic Partner Sharing; Aggregate Published Studies; Open Dataset Contribution; AI Coaching Improvement (de-identified, internal to Peak Mind, never shared with third-party AI providers); Commercial Model Development & Dataset Licensing (Section 7.3); per-sensor scopes for wearable heart rate/HRV, EEG/neural, eye-tracking, and voice features; Genomic Import; Location & Environment; and Leader/Enterprise Visibility. Sensor and genomic scopes additionally require the executed releases and consents described in Sections 7.6 and 7.7.

7.3 Commercial Model Development & Dataset Licensing. If — and only if — you enable this scope, you additionally permit Peak Mind to: (a) use your data, in de-identified form, to build, train, fine-tune, evaluate, and validate machine-learning models that Peak Mind may commercialize as its own products or license to third parties; and (b) include your data in de-identified datasets that Peak Mind may license to third parties under contracts that prohibit re-identification and any onward disclosure that would enable it. This scope is subject to categorical exclusions that apply no matter what you toggle: biometric identifiers and biometric information (heart-rate/HRV, EEG/neural, eye-tracking, and voice-feature data) are never sold and never included in licensed datasets; genomic data is never included; neural data is never included; and, for residents of Washington, Nevada, and any state with an equivalent consumer-health-data authorization statute, consumer health data is excluded from licensed datasets. Enabling this scope may constitute a “sale” or “sharing” of personal information under certain state privacy laws; the Privacy Policy explains your corresponding rights, and you may opt out at any time by turning the scope off or through the standing Do Not Sell or Share control, both of which we honor along with Global Privacy Control browser signals.

7.4 Purpose limitation. Data captured without a given scope enabled will never be used for that scope’s purpose, even if you enable the scope later — enabling a scope operates prospectively from that moment. Training sets and licensable datasets are constructed by filtering on recorded per-record consent, and the filter criteria are logged for each build. If we ever wish to use data for a purpose not disclosed when it was captured, we must obtain your renewed consent first.

7.5 Revoking a scope; trained models. You may revoke any scope at any time, as easily as you granted it. On revocation we will: (a) stop the affected collection immediately; (b) exclude your data from all future training sets, dataset builds, and licensable datasets from the next build cycle; and (c) delete or de-link your raw records per the retention schedule in the Privacy Policy. Revocation operates prospectively: models that were lawfully trained while your consent was active are retained and are not retrained or reversed, because a trained model does not store your raw records and per-withdrawal retraining is generally infeasible. We disclose this before you opt in so your decision is informed. Datasets already delivered to a licensee before your revocation remain governed by that contract’s re-identification prohibitions; your data is excluded from every subsequent delivery.

7.6 Biometric scopes — written release required. Heart-rate/HRV, EEG/neural, eye-tracking, and voice-feature data may constitute biometric identifiers or biometric information under laws such as the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, and Washington RCW 19.375. Before any such collection begins, you must execute a written release specific to each sensor — an electronic signature suffices — stating the specific purpose, the retention period, and the destruction schedule. Our Biometric Retention & Destruction Schedule is published with the Privacy Policy. We do not sell, lease, trade, or otherwise profit from biometric identifiers or biometric information, and no consent setting can enable that: the prohibition is absolute and applies to every user in every state. Biometric data is destroyed when the purpose ends, on the published schedule, or immediately upon your revocation, whichever comes first.

7.7 Genomic imports. Importing genetic data (for example, from 23andMe) requires a separate, executed Genomic Data Consent that discloses, among other things, that genetic data can implicate your biological relatives, the limits imposed by the source service’s terms, and the constraints of the Genetic Information Nondiscrimination Act, which we observe in all enterprise and Leader contexts. Genomic data is excluded from Leader and enterprise visibility, from every research sharing scope, from the commercial scope, and from all licensed and open datasets, in all cases. It is retained only while your genomic scope is active and is deleted when you revoke it.

7.8 Neural data. EEG and neural-signal data receives the most protective treatment of any class, applying the opt-in consent standard of the Colorado Privacy Act and the sensitive-personal-information treatment of the California Consumer Privacy Act (as amended by SB 1223) to every user regardless of state: its own executed sensor release, the tightest internal access, the shortest retention, exclusion from all sale and licensing, and exclusion from Leader and enterprise visibility.

8. Business Transfers and Assignment

8.1 Transfer with protections. If Peak Mind is involved in a merger, acquisition, financing, reorganization, sale of assets, or bankruptcy, your User Data, the licenses in Sections 6 and 7, and the associated consent records may be transferred or assigned to the successor or acquirer as part of that transaction. If that happens:

• Your exact consent selections travel with your data. Our per-record consent records transfer with the dataset, so the successor inherits precisely what you agreed to — record by record — not a blanket assertion.
• The successor is bound to honor the consent scope and the privacy commitments in effect when your data was collected. Any materially different use requires the successor to provide you notice and choice first.
• Genomic data receives additional protection: it will not transfer to a successor without individualized advance notice to you and an opportunity to delete it before the transfer completes.
• Cross-border implications of a transfer must satisfy the international transfer mechanisms described in the Privacy Policy.
• We will notify you of any such transfer as required by law, including the successor’s identity and any choices available to you.

8.2 Your assignment. You may not assign these Terms without our consent. We may assign these Terms as described in Section 8.1.

9. Subscriptions and Billing

• Paid plans, pricing, billing cycles, and trials are disclosed clearly and conspicuously before we collect payment information. Payments are processed by our payment sub-processors (currently Stripe and, for in-app purchases, Apple via RevenueCat); we do not store full payment card numbers.
• Automatic renewal requires your separate, express affirmative consent at purchase, distinct from your acceptance of these Terms, consistent with California’s Automatic Renewal Law and the federal Restore Online Shoppers’ Confidence Act. We retain the record of that consent for at least three years or one year after your subscription ends, whichever is longer.
• You can cancel at any time in the same medium you used to subscribe (in-app for App Store purchases, online for web purchases), and cancellation is no harder than sign-up. We send a renewal reminder before each renewal charge as required by applicable law.
• Refunds follow the policy of the purchase platform and applicable law.

10. Acceptable Use

You agree not to: misuse, probe, or disrupt the Service; access another user’s data without authorization; reverse-engineer the Service except where the law permits; scrape or bulk-extract data; use the Service to make employment, insurance, credit, or similar consequential decisions about any person; re-identify or attempt to re-identify any de-identified data; permit anyone under 18 to use your account or the Service; or use the Service in violation of law, including health-privacy, biometric, and employee-monitoring laws applicable to your use as a Leader or organization.

11. Third-Party Services, Sensors, and Platforms

• Optional integrations (HealthKit, wearables, EEG headsets, eye trackers, genomic services) are governed by their own terms. Apple HealthKit data is never used for advertising or data-brokering, consistent with Apple’s requirements.
• AI processing providers operate under data-processing agreements whose training and retention terms are disclosed in the Privacy Policy and sub-processor register.
• We are not responsible for third-party services, and their availability may change.

12. Disclaimers and Limitation of Liability

12.1 Disclaimers. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK MIND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. INSIGHTS AND SCORES ARE PROBABILISTIC AND MAY BE WRONG.

12.2 Limitation. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAK MIND WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR DATA, AND OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR US $100. THIS CAP DOES NOT APPLY TO PEAK MIND’S OBLIGATIONS OR LIABILITY ARISING FROM ITS GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF ITS DATA-PRIVACY AND SECURITY COMMITMENTS IN SECTIONS 6–8 AND THE PRIVACY POLICY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; THOSE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

13. Indemnification

If you are a Leader, Engineer, or organization, you will indemnify Peak Mind against claims arising from your use of Performer data in violation of these Terms, your organization’s legal obligations to its members or employees, or applicable employment, biometric, or health-privacy law.

14. Termination, Export, and Deletion

• You may close your account at any time. Before deletion you may export your data in a machine-readable format (JSON).
• On verified deletion, we delete or de-link your identified records within the timelines and subject to the exceptions in the Privacy Policy’s retention schedule, including propagation to backups and sub-processors on their defined cycles.
• Consent records are retained beyond data deletion as evidence of the lawful basis for uses that occurred while consent was active.
• We may suspend or terminate accounts that violate these Terms, with notice where practicable.

15. Governing Law; Arbitration; Class Waiver

15.1 Governing law. These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules.

15.2 Arbitration agreement. Except as provided in Sections 15.3–15.4, you and Peak Mind agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding individual arbitration administered by a recognized consumer arbitration provider under its consumer rules, seated in Santa Clara County, California or conducted remotely at your election. Peak Mind will pay all arbitration fees other than the filing fee you would pay in court. This agreement to arbitrate is formed through the documented acceptance process in Section 1.2.

15.3 Carve-outs and opt-out. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property misuse or unauthorized access. You may opt out of arbitration entirely by notifying us in writing at info@peakmindmechanics.com within 30 days of first accepting these Terms; opting out does not affect any other provision.

15.4 Class waiver; batching. Disputes will be arbitrated only on an individual basis; class actions and class arbitrations are waived to the extent the law permits. If 25 or more similar demands are filed by or with the assistance of coordinated counsel, the parties agree to a staged batching process in which bellwether arbitrations proceed first and remaining demands are tolled, to keep individual arbitration workable for both sides. If the class waiver is found unenforceable as to a claim, that claim (and only that claim) proceeds in court under Section 15.5.

15.5 Venue. For any dispute not subject to arbitration, venue lies in the state or federal courts located in Santa Clara County, California, and the parties consent to their jurisdiction.

16. General

These Terms, the Privacy Policy, the Consumer Health Data Privacy Policy, executed Biometric Releases, the Genomic Data Consent, and any enterprise agreement are the entire agreement. If a provision is unenforceable, the remainder stands. Our failure to enforce a provision is not a waiver. Notices to you may be given in-app or by email; notices to us go to info@peakmindmechanics.com. Peak Mind Mechanics, 455 Market St Ste 1940 PMB 202903, San Francisco, CA 94105-2448 US.