Terms of Service

Last updated: January 10, 2026. These Terms govern your use of cloudpeaksystems.com and the CloudPeak platform. Paid customers operate under an MSA (Master Service Agreement) — see /msa.

1. Acceptance

By creating an account or executing an Order Form, you agree to be bound by these Terms. If you are agreeing on behalf of an organisation, you represent that you have authority to do so.

2. The service

CloudPeak is an inventory and warehouse management SaaS platform. We provide access via web and supported mobile/scanner devices. Service levels are defined in the Order Form (uptime target: 99.9% monthly for Operate and Scale).

3. Fees and payment

Pricing as published on /pricing. Monthly plans are billed monthly in advance; annual plans are billed annually in advance at 10x the monthly rate. Late payments accrue interest at 1.5% per month or the maximum legal rate, whichever is lower. All amounts are in USD.

4. Customer data

You own your data. We process it only to provide the service (see /privacy for full detail). On termination we return or delete your data within 30 days at your written election.

5. Acceptable use

Don't break the law, reverse-engineer the platform, run unauthorised security tests (use security@cloudpeaksystems.com for responsible disclosure), or use the platform to store content that infringes third-party rights. We'll suspend access for material violations; we'll give notice first except in emergencies.

6. Availability and support

Pilot: email support, 1 business-day response. Operate: email + phone, 4-business-hour response. Scale: dedicated CSM + private Slack, 1-hour response P1s. See the Order Form for binding SLA.

7. Warranties and disclaimers

We warrant the service will perform substantially as described in the documentation. EXCEPT AS EXPRESSLY SET FORTH, THE SERVICE IS PROVIDED "AS IS." Implied warranties disclaimed to the fullest extent permitted by law.

8. Limitation of liability

Except for breaches of confidentiality or IP-infringement indemnity, neither party's total liability exceeds the fees paid by you in the 12 months preceding the claim. No party is liable for indirect, incidental, consequential, or lost-profits damages.

9. Indemnity

We'll defend you against third-party claims that CloudPeak infringes their IP rights. You'll defend us against third-party claims arising from your data or your use of the service in violation of these Terms.

10. Termination

Either party may terminate for material uncured breach on 30 days' notice. On termination we stop billing and you stop using the service. Mutually non-refundable fees: implementation fees once work has begun.

11. Governing law

Texas law, exclusive jurisdiction of Travis County state and federal courts. Waiver of jury trial.

12. Changes to these Terms

We notify of material changes via email 30 days before effect. Continued use after the effective date constitutes acceptance. If you don't accept, stop using the service and contact us for pro-rata refund of prepaid annual fees.