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PEAKSTERS
TERMS OF SERVICE
Effective Date: [April 1, 2026]
Last Updated: [April 1, 2026]
This Terms of Service document applies to users in the United States, United Kingdom, and European Union.
TABLE OF CONTENTS
1. Introduction and Acceptance of Terms
2. Definitions
3. Registration and Accounts
4. Description of Services
5. Important Disclaimers
6. Parental Responsibilities and Obligations
7. Use of AI Technology and Camera Processing
8. Coach Provisions and Third-Party Services
9. Subscriptions and Payments
10. Refund Policy
11. Intellectual Property Rights
12. Privacy and Data Processing
13. Limitation of Liability
14. Indemnification
15. Warranty Disclaimer
16. Assumption of Risk
17. Dispute Resolution
18. Account Termination
19. Changes to These Terms of Service
20. Severability and Entire Agreement
21. Contact Information
1. INTRODUCTION AND ACCEPTANCE OF TERMS
These Terms of Service ("Terms") govern your access to and use of the Peaksters mobile application and all services, features, and content offered therein (collectively, the "Service" or "Services"). The Peaksters Service is an educational fitness platform designed specifically for children ages 6 to 14 years old, powered by artificial intelligence-enabled motion analysis technology.
BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS HEREIN. If you do not agree to all of the terms and conditions contained in this agreement, you may not use the Peaksters Service.
1.1 Who May Accept These Terms
These Terms may be accepted ONLY by parents or legal guardians of children ages 6 to 14 ("Parent" or "Parents"). Each parent or legal guardian who accepts these Terms represents and warrants that they are at least 18 years of age and have the legal authority to bind themselves and their child or children to these Terms.
Children may not create accounts or accept these Terms independently. Any attempt by a child to create an account or accept these Terms without parental involvement is void and unauthorized.
1.2 Age Requirements
Parents and legal guardians must be at least 18 years of age to accept these Terms and create a Parent Account. Children using the Peaksters Service must be between 6 and 14 years of age and must use the Service only under the direct supervision and control of a parent or legal guardian. The parent or legal guardian is fully responsible for monitoring their child's use of the Service and ensuring compliance with these Terms.
1.3 Binding Agreement
By accessing and using Peaksters, you acknowledge that you have read these Terms of Service in their entirety, understand them, and agree to be legally bound by them. If you do not agree to be bound by these Terms, you must immediately discontinue use of the Service.
2. DEFINITIONS
For purposes of these Terms, the following terms shall have the meanings ascribed below:
"App" means the Peaksters mobile application software, including all updates, versions, and improvements thereto, available on the Apple App Store and Google Play Store.
"Services" means the educational fitness platform, motion analysis features, training programs, progress tracking, achievements, coaching access, parent dashboard, and all other features and functionality provided through the App.
"Parent Account" means an account created and maintained by a parent or legal guardian for the purpose of managing child profiles and accessing the Service.
"Child Profile" means a user profile created by a parent within their Parent Account to represent a child ages 6-14.
"Coach" means an independent third-party fitness professional or trainer who is invited by a parent to access a Child Profile for the purpose of providing fitness guidance and monitoring.
"AI Motion Analysis" or "Motion Analysis" means the artificial intelligence-powered system that analyzes real-time motion and movement captured through a device's camera for educational fitness purposes.
"Training Activity Metrics" means the data derived from the AI Motion Analysis, including skeleton keypoint coordinates, movement accuracy scores, repetition counts, form assessment, and performance progress tracking.
"Content" means all text, graphics, images, music, sound, videos, audiovisual content, code, and other materials available through the Service.
"Peaksters" or "We" or "Us" means Peaksters and its affiliates and subsidiaries.
"You" or "Your" means the parent or legal guardian who has accepted these Terms.
"Personal Data" means any information relating to an identified or identifiable person, including the parent's name, email address, and information about the child such as age and Child Profile name.
3. REGISTRATION AND ACCOUNTS3.1 Parent Account Creation
To use Peaksters, you must create a Parent Account. During registration, you will be required to provide the following information:
• Your full name • A valid email address • A password of your choosing • Confirmation that you are at least 18 years of age and are a parent or legal guardian
You must verify your email address by clicking the verification link sent to the email address you provided. You may not use the Service until your email address has been verified.
3.2 Child Profile Creation
After creating your Parent Account, you may create Child Profiles for your children ages 6-14. Only the parent account holder may create Child Profiles. When creating a Child Profile, you will provide:
• The child's name (optional—may be a nickname) • The child's age (must be between 6 and 14) • The child's gender (optional, for tracking purposes only) • Acknowledgment that you are the parent or legal guardian of the child
By creating a Child Profile, you confirm and represent that you are the parent or legal guardian of the child and that you have the legal authority to manage the child's use of the Service.
3.3 Account Responsibility
You are solely responsible for maintaining the confidentiality of your Parent Account login credentials, including your email address and password. You agree to notify Peaksters immediately of any unauthorized access to your account or any suspected breach of account security. Peaksters is not responsible for any unauthorized access to your account resulting from your failure to maintain account security.
You are responsible for all activity that occurs under your Parent Account, including the creation of Child Profiles and the use of the Service by children under your supervision.
3.4 Accuracy of Information
You agree to provide accurate, current, and complete information during account registration and to promptly update your information if it changes. You shall not impersonate any other person or entity or use a false name or email address. Any false, inaccurate, or misleading information may result in immediate termination of your account.
3.5 Coach Registration
Coaches may create accounts through a separate coach registration process. Coaches are independent third-party fitness professionals and are not employees, agents, or representatives of Peaksters. Coaches agree to the same terms of service and additional coach-specific terms that govern their use of the Service. Coaches may only access Child Profile data to which they have been explicitly granted access by a parent.
4. DESCRIPTION OF SERVICES4.1 Educational Fitness Platform
Peaksters is an educational fitness platform designed to engage children ages 6-14 in physical activity through interactive, gamified training experiences. The Service includes the following features:
• AI-powered motion analysis to track the child's movement during training activities • Pre-designed training programs appropriate for the child's age and fitness level • Real-time feedback on movement form and technique • Progress tracking and performance metrics • Achievement badges and gamified rewards • Parent dashboard for monitoring child activity and progress
4.2 AI Motion Analysis Technology
At the core of Peaksters is our proprietary AI Motion Analysis system. When a child uses the Service, the device's camera is activated to capture real-time movement. This video feed is processed entirely on the device using advanced machine learning algorithms to extract motion data and skeleton keypoint coordinates. The AI analyzes the child's movement patterns in real-time to provide feedback on form, accuracy, and performance.
The video data captured by the camera is NEVER stored on the device, NEVER transmitted to Peaksters servers, and NEVER retained after the training session ends. Only the extracted Training Activity Metrics (skeleton coordinates, form scores, repetition counts, performance data) are processed and stored.
4.3 Training Programs and Activities
Peaksters offers a variety of age-appropriate training programs designed to promote physical fitness and healthy habits. These programs include bodyweight exercises, movement challenges, and fitness games. Each program includes:
• Instructional video demonstrations • Real-time AI feedback during exercise • Form correction and technique guidance • Difficulty progression • Performance tracking
Training programs are provided for educational and fitness purposes only and are not designed to diagnose, treat, cure, or prevent any medical condition.
4.4 Progress Tracking and Achievements
The Service includes a progress tracking dashboard that allows parents to monitor their child's activity. Parents can view:
• Training activity history • Performance metrics and improvement trends • Achievements and badges earned • Form assessment feedback • Time spent in training activities
The achievements and gamification features are designed to motivate children to engage in regular physical activity.
4.5 Coach Access (Optional)
Parents may optionally invite independent coaches to access their Child Profile. When coach access is enabled, the coach can view the child's training data and progress. Parents retain complete control over coach access and may revoke access at any time. Coach access does not grant the coach any rights beyond what is explicitly authorized by the parent.
4.6 Availability and Service Changes
Peaksters is provided on an "as-is" basis. While we strive to maintain consistent availability, we do not guarantee that the Service will be available at all times without interruption or that it will be error-free. Peaksters reserves the right to make changes, improvements, and updates to the Service at any time, with or without notice to you. Such changes may affect the functionality, appearance, or features of the Service.
5. IMPORTANT DISCLAIMERS
THIS SECTION CONTAINS CRITICAL DISCLAIMERS THAT LIMIT THE LIABILITY OF PEAKSTERS AND DESCRIBE THE RISKS ASSOCIATED WITH THE SERVICE. PLEASE READ THIS SECTION CAREFULLY.
5.1 Medical Disclaimer
PEAKSTERS IS NOT A MEDICAL PRODUCT AND DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. The Service is designed for educational fitness purposes only and is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.
Training programs offered through Peaksters are provided for entertainment and educational fitness purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment from a licensed healthcare provider. If your child has any existing medical conditions, injuries, disabilities, chronic health problems, or if you suspect your child may have a medical condition, you must consult with a licensed physician before allowing your child to use Peaksters or engage in any training activities.
The AI Motion Analysis provided by Peaksters is not designed to diagnose musculoskeletal conditions, movement disorders, or any other medical condition. Any feedback provided by the AI regarding form or technique is for educational fitness purposes only and should not be interpreted as medical advice or diagnosis.
5.2 Fitness and Exercise Disclaimer
PHYSICAL EXERCISE INVOLVES INHERENT RISKS OF INJURY. While Peaksters is designed to be age-appropriate and safe, participation in any physical activity, including the training programs offered through Peaksters, carries inherent risks of serious injury, including but not limited to sprains, strains, fractures, muscle damage, and in rare cases, severe injury or death.
Peaksters DOES NOT GUARANTEE that participation in our training programs will prevent injury, improve physical fitness, achieve any specific result, or be suitable for your child. The effectiveness and safety of the training programs depend on many factors, including the child's individual health status, fitness level, genetics, environment, and the parent's ability to supervise and ensure proper form.
By using Peaksters, you acknowledge that you understand the inherent risks of physical activity and that you assume full responsibility for any risks arising from your child's participation in the Service.
5.3 AI Technology Disclaimer
Peaksters uses artificial intelligence to analyze motion and provide real-time feedback. Artificial intelligence systems have limitations and can make errors. The AI Motion Analysis system:
• Is trained on a finite dataset and may not correctly analyze all movement patterns, particularly for atypical movements, disabilities, or unique body types • May provide inaccurate feedback due to poor lighting, camera angle, or other environmental factors • Is not intended to replace professional coaching, personal training, or medical evaluation • Should not be relied upon as the sole source of information regarding form or technique • Is provided for educational guidance purposes only and does not constitute professional advice
Parents and children must not rely solely on AI feedback and should seek professional coaching or medical evaluation if they have concerns about movement quality, form, or safety.
5.4 Safety Warnings
When using Peaksters, children may experience physical sensations including fatigue, muscle soreness, or joint discomfort. STOP IMMEDIATELY and DISCONTINUE the activity if any of the following occur:
• Sharp or severe pain • Dizziness or lightheadedness • Chest pain or difficulty breathing • Nausea or vomiting • Any other unusual or concerning physical sensation • Any sign of discomfort or distress expressed by the child
Parents are responsible for monitoring their child during training and ensuring the child stops immediately if any of these warning signs occur. After discontinuing activity, consult a healthcare provider if symptoms persist.
5.5 No Guarantees or Promises
Peaksters DOES NOT and CANNOT PROMISE or GUARANTEE any of the following:
• Injury prevention or risk elimination • Prevention of musculoskeletal disorders or postural problems • Achievement of any specific fitness result or improvement • Medical approval or endorsement by healthcare professionals • Safety guarantees for participation in physical activity • Correction of posture, alignment, or movement disorders • Treatment or cure of any medical condition • Substitution for professional coaching or medical evaluation • Absence of system errors or service interruptions
Any statements or representations made regarding the benefits of the Service are general educational information and should not be interpreted as promises or guarantees.
6. PARENTAL RESPONSIBILITIES AND OBLIGATIONS
As the parent or legal guardian of the child, you bear significant responsibility for the child's safe use of Peaksters. The following parental responsibilities are non-negotiable:
6.1 Direct Supervision During Training
You must supervise your child directly during all training activities. Direct supervision means you are physically present, attentive, and able to intervene immediately if the child is in danger or distress. Your child may not use Peaksters without your direct supervision.
You are responsible for ensuring that the training environment is safe, free from hazards, and appropriate for the physical activity being performed.
6.2 Safe Training Environment
Before your child engages in any training activity, you must ensure that:
• The device is positioned securely and will not fall or cause injury • There is adequate space for the child to move freely without risk of collision with objects, furniture, walls, or other people • The surface is non-slip and appropriate for the activity • There is adequate lighting for the camera to function properly • The area is free from hazards that could cause injury • The child is wearing appropriate clothing and footwear • The training environment is climate-controlled and appropriate
6.3 Monitoring for Pain and Discomfort
You must actively monitor your child for any signs of pain, discomfort, dizziness, or unusual physical sensations during training. You are responsible for instructing your child to stop and notify you immediately if they experience any of these symptoms. You must be prepared to stop the activity immediately if the child signals distress.
6.4 Medical Consultation
If your child has any of the following, you MUST consult with a licensed physician BEFORE allowing your child to use Peaksters or engage in any training activities:
• Existing medical conditions • Injuries or disabilities • Chronic health problems • Joint or muscular disorders • Heart, lung, or respiratory conditions • Recent surgery • Pregnancy (if applicable) • Any other health concern or condition
You must obtain written approval from the child's healthcare provider before allowing the child to participate in physical training through Peaksters if any medical concern exists.
6.5 Maintenance of Accurate Information
You are responsible for maintaining accurate information in the Child Profile, including the child's age and any relevant health or fitness information. You must update the Child Profile promptly if any information changes.
6.6 Control of Coach Access
If you choose to grant coach access, you are responsible for:
• Selecting coaches who are qualified and trustworthy • Reviewing the scope of coach access • Monitoring coach interactions and recommendations • Revoking coach access if you determine it is no longer appropriate
Peaksters does not vet, supervise, endorse, or take responsibility for any coach or coach recommendations.
6.7 Compliance with Terms
You are responsible for ensuring that your child's use of Peaksters complies with these Terms of Service. You must educate your child regarding appropriate use of the Service and supervise their activity to ensure compliance.
7. USE OF AI TECHNOLOGY AND CAMERA PROCESSING7.1 Camera Activation and Real-Time Processing
When a child initiates a training activity in Peaksters, the device's camera is activated to capture real-time video of the child's movement. This video feed is processed entirely on the device using artificial intelligence and machine learning algorithms. The device analyzes the child's body position, movement, and form in real-time.
The AI extracts skeleton keypoint coordinates (representing major joints and body points) and analyzes movement patterns to generate Training Activity Metrics, including form feedback and performance scoring. This processing occurs instantaneously on the device.
7.2 No Video Storage
THE VIDEO CAPTURED BY THE CAMERA IS NEVER STORED ON THE DEVICE. After the real-time AI processing is complete, the video data is immediately discarded and does not persist on the device. No video file, video recording, or video footage is retained on the device after the training session ends.
7.3 No Cloud Transmission of Video
THE VIDEO CAPTURED BY THE CAMERA IS NEVER TRANSMITTED TO PEAKSTERS SERVERS OR ANY CLOUD SERVICE. All processing occurs exclusively on the device. Peaksters does not receive, access, store, or process any video footage from your child's device.
7.4 Training Activity Metrics Only
Only the derived Training Activity Metrics are transmitted to Peaksters servers for storage and tracking purposes. These metrics include:
• Exercise name and type • Form accuracy and quality scores • Exercise repetition counts • Movement speed and range of motion measurements • Performance improvement trends • Timestamp of the training activity • Duration of the training activity
These metrics do not contain any video or identifying imagery. They are mathematical and numerical representations of movement patterns only.
7.5 No Facial Recognition or Biometric Identification
The AI Motion Analysis system does NOT:
• Perform facial recognition • Identify the child by name or appearance • Extract facial features or biometric data • Analyze or identify gender, race, or other identity characteristics • Create a facial recognition database or profile • Use biometric data for any purpose
The system analyzes body movement only and does not identify or process any facial or identity-related information.
7.6 Privacy of Motion Processing
Parents and children should understand that while video is processed on-device and not stored, the AI system does analyze the child's body and movement in detail. Parents and children should ensure privacy during training activities if desired.
7.7 Data Security
Peaksters implements technical and organizational security measures designed to protect the Training Activity Metrics from unauthorized access, alteration, or disclosure. However, no security system is completely secure, and Peaksters cannot guarantee absolute security. Please see the Privacy Policy for additional information regarding data security and protection.
8. COACH PROVISIONS AND THIRD-PARTY SERVICES8.1 Coaches Are Independent Third Parties
Coaches who access the Peaksters platform are independent third-party fitness professionals. Coaches are not employees, agents, representatives, or partners of Peaksters. Peaksters does not employ, control, supervise, or endorse any coach.
8.2 No Vetting or Endorsement
Peaksters does not conduct background checks, criminal history checks, reference verification, or credential verification for coaches. Peaksters does not vet coaches' qualifications, experience, training, or suitability. Peaksters does not endorse any coach or recommend any particular coach.
The decision to grant a coach access to your Child Profile is entirely yours. You are responsible for selecting coaches you believe to be qualified and trustworthy.
8.3 Coach Access Requires Explicit Parental Consent
Coaches can only access a Child Profile if the parent explicitly grants permission. To grant coach access, the parent must:
• Provide the coach's contact information or identify the coach through the Peaksters system • Explicitly authorize coach access to the specific Child Profile • Confirm understanding of what data the coach can access
Peaksters will send the coach an invitation to connect. The coach must accept the invitation, and the parent's explicit authorization is required for the connection to become active.
8.4 Scope of Coach Access
If coach access is granted, the coach can view:
• Training activity history • Performance metrics and progress data • Form assessment feedback • Achievement badges • General fitness progress trends
The coach cannot access:
• The child's personal information beyond the name in the Child Profile • Video footage (which is not stored) • Parent contact information or personal details • Any data from other Child Profiles • Parent account credentials or settings
8.5 Parental Revocation of Coach Access
You may revoke coach access to your Child Profile at any time by disabling the coach access through your Parent Account settings. Once access is revoked, the coach can no longer view the Child Profile data. Peaksters will notify the coach that access has been revoked.
8.6 No Liability for Coach Recommendations
Peaksters is not liable for any recommendations, advice, comments, or statements made by coaches. Coaches are independent professionals and their recommendations do not represent Peaksters' advice or endorsement. Any advice or guidance provided by a coach should be evaluated independently.
If you have concerns about a coach's recommendations, you should consult with your child's healthcare provider or seek a second opinion from another qualified professional.
8.7 Coach Conduct and Restrictions
Coaches agree to use the platform responsibly and to comply with all applicable laws and regulations. Coaches are prohibited from:
• Soliciting or engaging in any contact with a child outside the Peaksters platform • Requesting personal information beyond what is available in the training data • Making recommendations for medical treatment or diagnosis • Engaging in any form of harassment or inappropriate conduct • Sharing Child Profile data with third parties • Using the data for any purpose other than coaching and fitness guidance
Peaksters reserves the right to terminate a coach's account for violations of these restrictions. However, Peaksters does not actively monitor coach conduct, and parents are responsible for reviewing coach recommendations and revoking access if they have concerns.
9. SUBSCRIPTIONS AND PAYMENTS
9.1 Payment Processing Through App Stores Peaksters offers auto-renewable subscription plans (Monthly, Quarterly, Annual) available via in-app purchase through Apple App Store or Google Play. All payments are processed exclusively through the Apple App Store (for iOS devices) or Google Play Store (for Android devices). Payment is charged to your App Store or Google Play account upon confirmation of purchase. Peaksters does not directly collect or process payment information.
9.2 No Direct Collection of Payment Data Peaksters does not collect, store, or have access to any of your payment information, including credit card numbers, debit card numbers, or any other financial account details. All payment information is collected, stored, and processed securely by Apple or Google according to their respective security policies and terms.
9.3 Subscription Models Peaksters offers the following subscription options:
Prices may vary by region and are displayed in local currency at the time of purchase. The specific subscription options, pricing, and features available may change over time.
9.4 Free Trial A free trial period, if offered, begins at the time of purchase. Any unused portion of a free trial is forfeited upon purchasing a subscription.
9.5 Auto-Renewal Terms If you choose a subscription plan with automatic renewal, your subscription will automatically renew at the end of each billing period unless cancelled at least 24 hours before the end of the current period. You will be charged the applicable subscription fee for the next billing period unless you cancel in time.
9.6 Cancellation To cancel your subscription and prevent automatic renewal, access your account settings through the Apple App Store or Google Play Store and cancel through their respective systems. You can manage and cancel your subscription at any time in your device settings. Peaksters does not process cancellations directly.
9.7 Refunds Refunds are subject to Apple App Store or Google Play refund policies. If you believe you have been charged in error, contact the App Store through which the charge was made. You may also contact Peaksters at the email address provided in Section 21 for assistance.
9.8 Price Changes Peaksters reserves the right to change subscription pricing at any time. If the price increases, the App Store will notify you before the next billing period. You may cancel before the next renewal date if you do not wish to accept the new price.
9.9 Future Website Payments Currently all payments are processed through the Apple App Store and Google Play Store. If a website-based payment system is implemented in the future, you will receive notification and will have the option to choose your preferred payment method.
10. REFUND POLICY10.1 Refunds Governed by App Store Policies
Refunds for Peaksters subscriptions are governed by the refund policies of the Apple App Store or Google Play Store, as applicable. Peaksters does not process refunds directly. Refunds must be requested through the respective app store's refund system.
10.2 No Guaranteed Results Policy
The Peaksters Service provides access to a platform with training content, motion analysis tools, and fitness features. Peaksters does not guarantee any results, including improved fitness, weight loss, increased strength, improved form, or any other outcome. Refunds are not available based on failure to achieve any desired fitness result or improvement, as this depends on many factors outside Peaksters' control, including the child's genetics, effort, frequency of use, and individual circumstances.
10.3 Service Access Refunds
If you purchased a subscription but are unable to access the Service due to a technical issue caused by Peaksters (such as inability to download the app, complete account creation, or access basic features), you may be eligible for a refund for that specific billing period. To request a refund for a technical access issue, contact Peaksters at the email address provided in Section 21.
10.4 EU and UK Consumer Protections
Consumers in the European Union and United Kingdom have certain statutory rights regarding digital content purchases. These include:
• A 14-day cooling-off period for digital content purchases (with certain exceptions) • The right to cancel a purchase within this period in specific circumstances • The right to request a refund if digital content does not conform to the contract or description
However, per the Consumer Rights Directive (2019/770), the right to cancel or refund is forfeited once the consumer has begun to access the digital content and has confirmed this explicitly. By initiating a training session after purchase, you confirm your explicit consent and forfeit the right to cancel or request a refund for that subscription period.
For questions about your refund rights under EU or UK law, contact Peaksters or the relevant consumer protection authority in your jurisdiction.
10.5 US Consumer Protection
Consumers in the United States should refer to the Apple App Store or Google Play Store refund policies, which are the payment processors for all Peaksters subscriptions. Refund policies may vary by state.
11. INTELLECTUAL PROPERTY RIGHTS11.1 Peaksters Content Ownership
All Content, including training videos, exercise demonstrations, audiovisual content, text, graphics, logos, images, animations, music, and code contained in the Peaksters Service (collectively, "Peaksters Content") is owned by Peaksters or licensed by Peaksters from third-party content providers. Peaksters Content is protected by copyright, trademark, and other intellectual property laws.
11.2 License Grant
Subject to your compliance with these Terms, Peaksters grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Peaksters Content solely for the purpose of allowing your child to engage in educational fitness training through the Peaksters platform.
This license is personal to you and is not transferable to any other person.
11.3 Restrictions on Use
You agree that you shall not:
• Copy, distribute, publish, display, or perform any Peaksters Content (except for personal use through the Service) • Modify, translate, adapt, or create derivative works based on Peaksters Content • Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying mechanisms of the Peaksters application or AI systems • Use any data mining, scraping, or automated tools to extract content or data from the Service • Frame or embed Peaksters Content or the Service on any third-party website • Sell, license, or use Peaksters Content for any commercial purpose • Use the Service to compete with Peaksters or develop a competing service • Remove or alter any copyright notices, trademark notices, or other proprietary legends on Peaksters Content
11.4 User-Generated Content (If Applicable)
If the Service permits you to upload, submit, or create any content ("User Content"), you retain ownership of your User Content but grant Peaksters a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, distribute, and display User Content for the purposes of operating and improving the Service. You represent and warrant that you have all necessary rights to grant this license and that User Content does not infringe any third-party intellectual property rights.
11.5 Third-Party Content
The Service may contain content, links, or references to third-party materials, websites, or services. These third-party materials are not owned or controlled by Peaksters. Links to third-party websites do not constitute endorsement by Peaksters. Your use of third-party content is subject to the terms and conditions of the third-party provider.
12. PRIVACY AND DATA PROCESSING12.1 Privacy Policy Reference
The collection, use, storage, and processing of your personal data and your child's data are governed by Peaksters' Privacy Policy, which is incorporated by reference into these Terms. Please review the Privacy Policy carefully. In the event of any conflict between these Terms and the Privacy Policy, the Privacy Policy shall govern matters of data privacy and processing.
12.2 Key Data Processing Highlights
The following are key points regarding data processing under Peaksters:
• Video data captured during training is processed on-device only and is never stored or transmitted • Training Activity Metrics (skeleton coordinates, form scores, repetition counts) are transmitted to Peaksters servers for storage and are used to track progress and improve the Service • Parent account information (name, email) is used to manage the parent account and communicate with the parent • Child profile information (name, age) is used to customize training recommendations and track progress • Peaksters does not collect persistent identifiers such as biometric data or facial recognition • Data is retained for the duration of your account and is deleted upon account termination (with certain limited exceptions for legal compliance)
12.3 Data Retention Upon Termination
Upon termination of your account, Peaksters will delete personal data within a reasonable timeframe, except where retention is required by law, for legitimate business purposes, or to resolve disputes. Please see the Privacy Policy for additional details on data retention and deletion.
12.4 International Data Transfers
If you are located in the European Union or United Kingdom, please be aware that your data may be transferred to and processed in jurisdictions outside the EEA. Such transfers are conducted in accordance with applicable data protection laws, including GDPR and UK GDPR. See the Privacy Policy for details on international data transfers and safeguards.
13. LIMITATION OF LIABILITY13.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAKSTERS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF SUBSCRIPTION FEES YOU PAID TO PEAKSTERS IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).
This limitation applies to all claims, damages, losses, and expenses, including attorney's fees.
13.2 Exclusion of Consequential and Indirect Damages
IN NO EVENT SHALL PEAKSTERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF PEAKSTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This includes damages for lost profits, lost revenue, lost data, lost goodwill, business interruption, or cost of substitute goods or services, arising out of or related to these Terms or the Service.
13.3 Carve-Outs for UK and EU Consumer Protection
Notwithstanding the limitations in Sections 13.1 and 13.2, nothing in these Terms limits liability for:
• Death or personal injury caused by Peaksters' negligence • Fraud or fraudulent misrepresentation • Breach of statutory consumer rights (in the UK and EU) • Any liability that cannot be limited or excluded by applicable law
For consumers in the European Union and United Kingdom, the limitation of liability applies only to the extent permitted by the Consumer Rights Act 2015 and similar consumer protection legislation. Consumer rights under EU Directive 1999/44/EC and UK Consumer Rights Act cannot be waived or limited.
13.4 Services Provided "As Is"
The Service is provided on an "as is" and "as available" basis. Peaksters disclaims all warranties, express and implied, regarding the Service.
14. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Peaksters (and its officers, directors, employees, and agents) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:
• Your violation of these Terms • Your misuse of the Service • Your child's use of the Service in violation of these Terms or in a manner you have not authorized or supervised • Any harm or injury arising from your failure to fulfill your parental responsibilities under Section 6 • Any harm or injury arising from your failure to supervise your child • Your violation of any applicable law or regulation • Any third-party claim that your use of the Service infringes any intellectual property right
This indemnification obligation does not apply to claims arising solely from Peaksters' gross negligence, willful misconduct, or fraud.
Please note that the indemnification clause has limited applicability in the European Union and United Kingdom, where consumer protections may restrict or prohibit such provisions. To the extent indemnification is limited by applicable law, this clause shall apply only to the extent permitted by law.
15. WARRANTY DISCLAIMER15.1 No Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, PEAKSTERS MAKES NO WARRANTY, REPRESENTATION, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
15.2 Service "As Is"
The Peaksters Service and all Peaksters Content are provided on an "as is" and "as available" basis without warranties of any kind. Peaksters does not warrant that:
• The Service will be uninterrupted, error-free, or free of viruses or malicious code • Any defects in the Service will be corrected • The results achieved through the Service will meet your expectations • The Service is suitable for any particular purpose • The AI Motion Analysis will be accurate, free from errors, or appropriate for all users • Training programs will be effective or safe for all children
15.3 EU and UK Consumer Rights
To the extent permitted by applicable law (including the Consumer Rights Act 2015 in the UK and EU consumer protection directives), and except as prohibited by law, Peaksters disclaims all warranties regarding the Service. However, this warranty disclaimer does not limit any mandatory statutory consumer rights or warranties that cannot be disclaimed under applicable law. Consumers in the EU and UK retain all rights granted to them under applicable consumer protection laws.
16. ASSUMPTION OF RISK16.1 Acknowledgment of Inherent Risks
YOU ACKNOWLEDGE THAT PHYSICAL EXERCISE AND PHYSICAL ACTIVITY INVOLVE INHERENT RISKS OF INJURY, INCLUDING SERIOUS INJURY OR DEATH. You acknowledge that your child's participation in training through Peaksters involves these inherent risks.
16.2 Assumption of Risks
YOU ASSUME FULL RESPONSIBILITY FOR ALL RISKS ARISING FROM YOUR CHILD'S PARTICIPATION IN PEAKSTERS AND THE TRAINING ACTIVITIES OFFERED THROUGH THE SERVICE. You assume the risk that:
• Your child may be injured during training, including serious injury • The AI Motion Analysis may be inaccurate and may provide incorrect feedback regarding form or technique • Training in inappropriate environments or conditions may cause injury • Lack of parental supervision may result in harm • Pre-existing medical conditions may be exacerbated by physical activity • Environmental factors (lighting, surface conditions, obstacles) may contribute to injury
16.3 Detailed Risk Acknowledgment
By allowing your child to use Peaksters and engage in the training activities, you represent that you:
• Understand the inherent risks of physical activity and exercise • Have consulted with a healthcare provider regarding your child's ability to safely participate in physical training (particularly if your child has any medical conditions) • Will supervise your child directly during all training • Will ensure the training environment is safe • Will stop any activity immediately if your child signals pain or discomfort • Accept full responsibility for any injury or harm that may result from your child's participation • Release Peaksters from any liability for injury arising from the inherent risks of physical activity or from your failure to ensure safety
16.4 Parental Indemnification
To the maximum extent permitted by law, you agree that you assume all risks and agree not to hold Peaksters liable for any injury, loss, or damage arising from your child's use of the Service or participation in training activities, except for injuries caused directly by Peaksters' gross negligence or willful misconduct.
17. DISPUTE RESOLUTION17.1 Governing Law and Jurisdiction - United States
For users in the United States: These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.
17.2 Binding Arbitration - United States
FOR USERS IN THE UNITED STATES: ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, THE PEAKSTERS SERVICE, OR YOUR USE OF THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH THE AAA'S CONSUMER ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND SHALL TAKE PLACE IN THE FEDERAL JUDICIAL DISTRICT WHERE YOU RESIDE.
Each party shall bear its own costs and attorneys' fees, except as provided in the AAA rules. The arbitrator's decision shall be final and binding. By accepting these Terms, you waive your right to a jury trial and your right to participate in a class action lawsuit or class arbitration.
17.3 Opt-Out of Arbitration - United States
NOTWITHSTANDING THE ARBITRATION PROVISION ABOVE, YOU MAY OPT OUT OF THE BINDING ARBITRATION CLAUSE BY SENDING WRITTEN NOTICE TO PEAKSTERS AT THE ADDRESS IN SECTION 21 WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS. Your notice must include your name, email address, the address associated with your Parent Account, and a statement that you opt out of the arbitration agreement. If you opt out, all other terms will continue to apply, but you and Peaksters agree to resolve disputes in the state and federal courts located in California.
17.4 Governing Law - United Kingdom
For users in the United Kingdom: These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflicts of law principles.
17.5 Jurisdiction and Courts - United Kingdom
For users in the United Kingdom: Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. You agree to submit to the jurisdiction of these courts.
17.6 Governing Law - European Union
For users in the European Union: These Terms shall be governed by and construed in accordance with the laws of the member state where you are a resident, without regard to conflicts of law principles.
17.7 Jurisdiction - European Union
For users in the European Union: Any dispute arising out of or relating to these Terms or the Service shall be subject to the jurisdiction of the courts in your member state of residence. You may also bring a claim in the courts of your country of residence or the courts where Peaksters has its principal place of business.
17.8 Online Dispute Resolution - EU
For users in the European Union: Peaksters is committed to alternative dispute resolution. The European Commission provides an Online Dispute Resolution (ODR) platform where consumers can file complaints about online purchases. The ODR platform is available at: https://ec.europa.eu/consumers/odr
17.9 Informal Resolution
Before initiating formal dispute resolution, you agree to first attempt to resolve any dispute informally by contacting Peaksters at the email address in Section 21. We will attempt to resolve your concern within 30 days of receiving notice of the dispute.
18. ACCOUNT TERMINATION18.1 Termination by Peaksters
Peaksters reserves the right to terminate or suspend your Parent Account at any time, with or without cause, and with or without notice, if:
• You violate these Terms of Service • You violate any applicable law or regulation • You engage in illegal or fraudulent activity • You abuse the Service or attempt to disrupt the Service • Peaksters reasonably believes you pose a risk to other users or to the Service • You fail to comply with parental supervision and responsibility requirements
18.2 Termination by You
You may terminate your Parent Account at any time by accessing your account settings and selecting the option to delete your account. Upon termination, you will no longer be able to access the Service or any child profiles associated with your account.
18.3 Effects of Termination
Upon termination of your Parent Account (whether by you or by Peaksters):
• All Child Profiles associated with your account will be deleted • All training data and progress information will be deleted • Coach access will be revoked • Your ability to access the Service will cease immediately
18.4 Data Deletion Upon Termination
Peaksters will delete personal data associated with your account within a reasonable timeframe following termination. However, Peaksters may retain certain data where required by law (such as for tax or legal purposes) or to comply with legitimate business obligations. See the Privacy Policy for additional information regarding data retention following account termination.
18.5 Survival
The following sections shall survive termination of these Terms: Sections 5 (Important Disclaimers), 11 (Intellectual Property), 13 (Limitation of Liability), 14 (Indemnification), 15 (Warranty Disclaimer), 16 (Assumption of Risk), 17 (Dispute Resolution), and 20 (Severability and Entire Agreement).
19. CHANGES TO THESE TERMS OF SERVICE19.1 Right to Modify Terms
Peaksters reserves the right to modify these Terms of Service at any time. Modifications may be made for any reason, including to reflect changes in law, changes to the Service, or improvements to the Terms.
19.2 Notification of Material Changes
If Peaksters makes material changes to these Terms, Peaksters will notify you via email at the email address associated with your Parent Account. Material changes include changes that alter your rights, obligations, or the fundamental nature of the Service.
19.3 Acceptance of Modified Terms
If you do not agree to modified Terms, you may terminate your Parent Account. Continued use of the Service following notification of changes constitutes your acceptance of the modified Terms.
19.4 Non-Material Changes
Peaksters may make minor, non-material changes to the Terms without individual notification. Such changes may include corrections, clarifications, or updates that do not materially affect your rights or obligations. The "Last Updated" date at the top of these Terms will be updated whenever any changes are made.
20. SEVERABILITY AND ENTIRE AGREEMENT20.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed or modified to the minimum extent necessary to make it valid and enforceable, while preserving the intent of the provision. The remaining provisions shall continue in full force and effect.
20.2 Entire Agreement
These Terms of Service, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between you and Peaksters regarding the Service and supersede all prior and contemporaneous agreements, representations, warranties, and understandings.
20.3 No Waiver
Peaksters' failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision. Any waiver of any provision must be in writing and signed by an authorized representative of Peaksters.
20.4 No Third-Party Beneficiaries
These Terms are intended solely for your benefit and the benefit of Peaksters. No third party has any rights or claims under these Terms.
21. CONTACT INFORMATION
If you have questions about these Terms of Service, your Parent Account, or the Peaksters Service, you may contact Peaksters at:
Email: hello@peaksters.pro
Mailing Address: Peaksters Support [Company Address TBD] [City, State/Country]
21.1 EU Representative
For users in the European Union, Peaksters has appointed an EU Representative to handle data protection and privacy inquiries:
EU Data Protection Representative Lira Galieva Peaksters V Dobje 4, 4260 Bled, Slovenia dpo@peaksters.pro
21.2 UK Representative
For users in the United Kingdom, Peaksters has appointed a UK Representative to handle data protection and privacy inquiries:
UK Data Protection Representative Lira Galieva Peaksters V Dobje 4, 4260 Bled, Slovenia dpo@peaksters.pro
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END OF TERMS OF SERVICE
These Terms of Service are effective as of the Effective Date listed above and apply to all users of the Peaksters Service in the United States, United Kingdom, and European Union.
Document version: 1.2
Effective Date: [April 1, 2026]
Last Updated: [April 1, 2026]