Terms & Conditions

Effective Date: January 1, 2025
Last Updated: October 28, 2025

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Agreement to Terms

 

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Peeq Consulting ("Peeq," "we," "us," or "our") governing your access to and use of our website, services, and consulting offerings.

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By accessing our website, engaging our services, or entering into a service agreement with Peeq Consulting, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy.

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If you do not agree to these Terms, you must not access our website or use our services.

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1. Services Overview

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1.1 Consulting Services

 

Peeq Consulting provides strategic consulting, marketing, technology implementation, and workflow optimization services specifically designed for independent physical therapy practices. Our services include, but are not limited to:

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Strategy & Planning

• Marketing strategy development

• Brand strategy and positioning

• Market research and analysis

• Practice assessment and readiness evaluations

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Digital Marketing

• Search Engine Optimization (SEO)

• Pay-Per-Click (PPC) advertising management

• Social media marketing

• Email marketing campaigns

• Content marketing

• Website development and UX optimization

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Branding & Creative

• Graphic design and visual identity

• Video production and photography

• Copywriting and messaging

• Print advertising materials

• Event marketing support

 

Workflow Automation & Optimization

• Marketing automation setup and management

• AI agent implementation and configuration

• Business process optimization

• Technology integration and system configuration

• The CARE Flywheel™ methodology implementation

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1.2 Nature of Services

 

Our services are advisory and implementation-focused. We provide:

✓ Strategic recommendations and guidance
✓ Technology implementation and configuration
✓ Marketing and automation services
✓ Training and support
✓ Best practice consulting

 

We do NOT provide:

✗ Clinical physical therapy services
✗ Medical or healthcare advice
✗ Legal advice or compliance certification
✗ Guaranteed business results or revenue increases
✗ Direct access to or management of Protected Health Information (PHI)

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1.3 Service Agreements

 

Specific services are governed by individual Service Agreements, Statements of Work (SOW), or Engagement Letters that detail:

• Scope of services

• Deliverables and timeline

• Fees and payment terms

• Success metrics and reporting

• Specific responsibilities of both parties

 

In case of conflict between these Terms and a specific Service Agreement, the Service Agreement takes precedence for that particular engagement.

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2. Eligibility and Account Registration

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2.1 Eligibility

 

To use our services, you must:

• Be at least 18 years of age

• Have legal authority to enter into binding contracts

• Represent a legitimate business entity (for business services)

• Provide accurate and complete information

• Not be barred from using our services under applicable law

 

2.2 Account Creation

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If you create an account on our website or client portal:

• You are responsible for maintaining the confidentiality of your account credentials

• You are responsible for all activities that occur under your account

• You must notify us immediately of any unauthorized access or security breach

• You may not transfer or share your account with others

• We reserve the right to terminate accounts that violate these Terms

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2.3 Accurate Information

 

You agree to provide true, accurate, current, and complete information about yourself and your practice. You agree to promptly update this information to maintain its accuracy.

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3. Client Responsibilities

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3.1 Cooperation and Participation

 

Successful service delivery requires your active participation. You agree to:

• Provide timely access to necessary information, systems, and personnel

• Respond to requests for information within reasonable timeframes

• Attend scheduled meetings and training sessions

• Implement recommendations in good faith

• Provide constructive feedback on deliverables

• Designate appropriate staff to work with our team

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3.2 Accuracy of Information

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You represent and warrant that all information provided to Peeq is:

• Accurate and truthful

• Not misleading or incomplete

• Compliant with all applicable laws and regulations

• Free from infringement of third-party rights

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3.3 Compliance with Laws

 

You are solely responsible for:

• HIPAA compliance in your practice operations

• State licensing requirements for physical therapy

• Insurance and billing regulations

• Employment laws and labor regulations

• Tax obligations

• Advertising and marketing regulations in your jurisdiction

• Professional liability insurance

 

Peeq provides guidance and recommendations but does not certify compliance or assume liability for your compliance obligations.

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3.4 System Access and Security

 

When we require access to your systems (EMR/EHR, website, social media, etc.):

• You will provide appropriate access credentials

• You remain responsible for maintaining system security

• You will promptly revoke access upon engagement termination

• You will notify us of any security concerns

• You acknowledge that we will not access patient health records (PHI)

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4. Fees and Payment

 

4.1 Service Fees

 

Fees for services are specified in your individual Service Agreement or SOW. Unless otherwise stated:

• Fees are quoted in U.S. Dollars (USD)

• Fees are exclusive of taxes, which you are responsible for

• Payment terms are Net 30 days from invoice date

• Late payments may incur interest at 1.5% per month (or maximum allowed by law)

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4.2 Payment Methods

 

We accept payment via:

• Credit card (Visa, Mastercard, American Express)

• ACH/Bank transfer

• Check (for established clients)

• Wire transfer (for large projects)

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4.3 Retainers and Deposits

 

For certain services, we may require:

• Initial retainer: Typically 25-50% of project value before work begins

• Monthly retainers: For ongoing services, due on the 1st of each month

• Project deposits: Non-refundable deposits for custom implementations

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4.4 Project-Based Pricing

 

For fixed-price projects:

• Fees are based on defined scope in the SOW

• Scope changes require written approval and may result in additional fees

• Milestone payments may be required for large projects

• Final payment is due upon project completion or delivery

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4.5 Recurring Service Fees

 

For ongoing (optimization) services:

• Fees are billed monthly in advance

• Services continue until either party provides written notice per Section 10

• Price adjustments may occur annually with 30 days' notice

• Unused hours in monthly retainers typically do not roll over (unless specified in SOW)

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4.6 Expenses

 

Unless included in your Service Agreement:

• Reasonable out-of-pocket expenses (travel, materials, software licenses) are billed separately

• Expenses over $500 require prior approval

• Expense receipts are provided upon request

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4.7 Late Payment

 

If payment is not received within 30 days of invoice date:

• We may suspend services until payment is received

• We may charge late fees of 1.5% per month on overdue balances

• We may engage collection services (you are responsible for collection costs)

• We may report delinquent accounts to credit bureaus

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4.8 Disputed Charges

 

If you dispute a charge:

• Notify us in writing within 15 days of invoice date

• Provide specific details of the dispute

• Continue to pay undisputed portions

• We will investigate and respond within 10 business days

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4.9 Refund Policy

 

General Rule: Fees for services rendered are non-refundable.

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Exceptions:

• If we fail to deliver contracted services due to our fault

• If you cancel within any "cooling-off period" specified in your Service Agreement

• As mutually agreed in writing

 

No Refunds For:

• Change of mind or business priorities

• Failure to implement recommendations

• Results not meeting expectations (we do not guarantee specific outcomes)

• Services already rendered or in progress

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5. Intellectual Property Rights

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5.1 Peeq's Intellectual Property

 

All intellectual property created, owned, or licensed by Peeq remains our exclusive property, including:

• The CARE Flywheel™ methodology and framework

• Proprietary processes and best practices

• Templates and tools developed by Peeq

• Training materials and documentation

• Software code and custom applications

• Trademarks and branding including the Peeq name and logo

• Website content and marketing materials

• Analytical frameworks and assessment tools

 

You receive a limited, non-exclusive, non-transferable license to use our intellectual property solely for the purpose of receiving services during the term of your engagement.

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5.2 Client-Provided Materials

 

You retain ownership of materials you provide to us, including:

• Your practice's branding and logos

• Pre-existing marketing content

• Practice photos and videos

• Business data and records

 

By providing these materials, you grant Peeq a license to use them solely for the purpose of delivering services to you.

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5.3 Deliverables and Work Product

 

For Custom Deliverables (e.g., custom website, branded materials, unique strategy documents):

• You receive full ownership upon final payment

• We retain a license to use de-identified versions for our portfolio and marketing

• We retain underlying methodologies and frameworks

 

For Configured Services (e.g., AI agents, automation workflows, marketing campaigns):

• You receive a perpetual license to use configured systems

• We retain ownership of underlying templates and code

• You may continue using configurations after engagement ends

 

For Strategic Advice and Recommendations:

• You may implement our recommendations freely

• We retain ownership of our methodology and approach

• You may not package or resell our advice to third parties

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5.4 Third-Party Tools and Platforms

 

When we implement third-party tools (e.g., EMR systems, marketing platforms, AI services):

• Those tools are subject to their own terms and licenses

• You are responsible for obtaining necessary licenses

• We are not liable for third-party tool failures or issues

• You must maintain compliance with third-party terms

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5.5 Portfolio and Case Studies

 

With your prior written consent:

• We may use your practice name and results in case studies

• We may display your logo on our website

• We may reference our work together in marketing materials

• We will submit drafts for your approval before publication

 

You may withdraw consent at any time with 30 days' written notice.

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5.6 Confidential Information

 

Both parties agree not to disclose confidential information received during the engagement. See Section 6 for details.

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6. Confidentiality

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6.1 Definition of Confidential Information

 

"Confidential Information" includes any non-public information disclosed by one party to the other, including:

• Business strategies and plans

• Financial information

• Client lists and relationships

• Proprietary methodologies

• System configurations and passwords

• Marketing plans and strategies

• Trade secrets

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6.2 Obligations

 

Both parties agree to:

• Keep Confidential Information strictly confidential

• Use Confidential Information only for the purpose of the engagement

• Protect Confidential Information with the same care used for their own confidential information

• Not disclose Confidential Information to third parties without prior written consent

• Return or destroy Confidential Information upon request or engagement termination

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6.3 Exceptions

 

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party

• Was rightfully possessed before disclosure

• Is independently developed without use of Confidential Information

• Is required to be disclosed by law or court order (with notice to the disclosing party)

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6.4 Duration

 

Confidentiality obligations survive for 3 years after engagement termination, except for trade secrets, which remain confidential indefinitely.

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6.5 HIPAA and PHI

 

Important: Peeq does NOT access, collect, store, or process Protected Health Information (PHI) as defined by HIPAA. We are NOT a Business Associate under HIPAA.

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If, despite our protocols, we inadvertently receive PHI:

• You must notify us immediately

• We will securely delete or return the information

• You remain solely responsible for any breach consequences

• This does not create a Business Associate relationship

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7. Warranties and Disclaimers

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7.1 Peeq's Warranties

 

We warrant that:

• Services will be performed in a professional and workmanlike manner

• Services will be provided by qualified personnel

• We will comply with applicable laws in providing services

• We have the right to provide the services and grant licenses described herein

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7.2 Client Warranties

 

You warrant that:

• You have authority to enter into this agreement

• You own or have rights to all materials you provide

• Your use of our services will not violate any laws

• Information you provide is accurate and complete

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7.3 Disclaimer of Warranties 

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Except as expressly stated in Section 7.1, Peeq provides services "as is" and "as available without warranties of any kind, either expressed or implied. 

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We specifically disclaim: 

• Implied warranties of merchantability 

• Implied warranties of fitness for a particular purpose 

• Warranties of non-infringement 

• Warranties arising from course of dealing or usage of trade 

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7.4 No Guarantee of Results

 

We do not guarantee specific business results, including but not limited to:

• Revenue increases or growth targets

• Patient volume or acquisition numbers

• Ranking in search engines

• Social media engagement or followers

• Review generation or ratings

• Return on investment (ROI)

 

While we provide ROI projections and success metrics based on industry data and past client results, actual outcomes depend on many factors outside our control, including:

• Market conditions in your area

• Your implementation of recommendations

• Your staff's adoption and execution

• Competitive landscape changes

• Regulatory or reimbursement changes

• Quality of your clinical services

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7.5 Third-Party Services

 

We are not responsible for:

• Performance, availability, or failure of third-party tools and platforms

• Changes to third-party pricing, terms, or features

• Third-party data breaches or security issues

• Compatibility issues between third-party services

 

7.6 Technology Limitations

 

We do not warrant that:

• Services will be uninterrupted or error-free

• All bugs or errors will be corrected

• Services will meet your specific requirements

• AI-powered tools will be 100% accurate

• Automated systems will never fail

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8. Limitation of Liability

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8.1 Types of Damages Excluded

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEEQ SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES

• LOST PROFITS OR REVENUE

• LOSS OF DATA

• LOSS OF GOODWILL OR REPUTATION

• BUSINESS INTERRUPTION

• COST OF SUBSTITUTE SERVICES

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This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and whether or not we were advised of the possibility of such damages.

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8.2 Maximum Liability Cap

 

PEEQ'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF:

• The total fees paid by you to Peeq in the 12 months preceding the claim, OR

• $25,000 USD

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8.3 Exceptions to Limitations

 

These limitations do NOT apply to:

• Breaches of confidentiality obligations (Section 6)

• Intellectual property infringement claims

• Gross negligence or willful misconduct

• Violations of applicable law

• Liabilities that cannot be limited by law

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8.4 Basis of the Bargain

 

You acknowledge that these limitations are a fundamental element of the agreement between you and Peeq, and that Peeq would not provide services without these limitations.

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8.5 Third-Party Claims

 

We are not liable for any claims, damages, or losses arising from:

• Third-party services or tools we recommend or implement

• Your relationships with your patients or clients

• Employment disputes with your staff

• Professional liability or malpractice claims

• HIPAA violations or PHI breaches

• Regulatory enforcement actions

• Patent, copyright, or trademark infringement by third-party tools

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9. Indemnification

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9.1 Client Indemnification

 

You agree to indemnify, defend, and hold harmless Peeq, its officers, directors, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services

• Your violation of these Terms or any applicable law

• Your violation of any rights of third parties

• Your violation of HIPAA or other healthcare regulations

• Content or materials you provide to us

• Your practice's operations, clinical services, or patient care

• Your employment relationships or labor practices

• Claims by your patients, staff, or vendors

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9.2 Peeq Indemnification

 

Peeq agrees to indemnify, defend, and hold harmless you from claims that our services or deliverables infringe third-party intellectual property rights, provided:

• You notify us promptly of the claim

• You give us sole control of the defense and settlement

• You provide reasonable assistance in the defense

 

Our obligations do not apply if infringement results from:

• Your modification of our deliverables

• Your combination of our services with third-party materials

• Your continued use after we notify you of potential infringement

 

Our remedy may include:

• Obtaining rights for your continued use

• Modifying services to be non-infringing

• Replacing services with non-infringing alternatives

• Refunding fees and terminating services (as a last resort)

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9.3 Indemnification Process

 

The party seeking indemnification must:

• Promptly notify the other party of the claim

• Provide reasonable cooperation in the defense

• Not settle the claim without the indemnifying party's consent

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10. Term and Termination

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10.1 Term

 

Project-Based Engagements:

• Begin on the effective date of the Service Agreement

• Continue until project completion or deliverable acceptance

 

Ongoing (Optimization) Services:

• Begin on the effective date of the Service Agreement

• Continue month-to-month unless terminated per this Section

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10.2 Termination for Convenience

 

By Client:

• You may terminate ongoing services with 30 days' written notice

• You are responsible for fees through the end of the notice period

• For project-based work, you must pay for work completed to date

 

By Peeq:

• We may terminate ongoing services with 60 days' written notice

• We will complete any work in progress or assist with transition

• We will refund any prepaid fees for services not yet provided

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10.3 Termination for Cause

 

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within 15 days of written notice

• Becomes insolvent, files for bankruptcy, or ceases operations

• Engages in fraud, criminal activity, or gross negligence

• Violates confidentiality obligations

 

If we terminate for your breach:

• All fees become immediately due

• You must immediately cease using our intellectual property

• We are released from further performance obligations

 

If you terminate for our breach:

• We will refund any prepaid fees for unperformed services

• You retain rights to deliverables already paid for

• We will reasonably cooperate with transition

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10.4 Effect of Termination

 

Upon termination:

 

You must:

• Pay all outstanding fees

• Return or destroy our confidential information

• Cease use of our trademarks and branding

• Cease representing an ongoing relationship with Peeq

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We must:

• Deliver any completed work you've paid for

• Return or destroy your confidential information

• Revoke access to any systems we control

• Provide reasonable assistance with transition (at our standard rates)

 

You retain:

• Deliverables and work product you've paid for in full

• Configured systems and implementations (subject to third-party licenses)

• Knowledge and training received

 

We retain:

• Our intellectual property and methodologies

• Portfolio rights to de-identified case studies (if previously agreed)

• Payment for services rendered

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10.5 Survival

 

The following sections survive termination:

• Section 4 (Fees and Payment) - for outstanding amounts

• Section 5 (Intellectual Property Rights)

• Section 6 (Confidentiality)

• Section 7 (Warranties and Disclaimers)

• Section 8 (Limitation of Liability)

• Section 9 (Indemnification)

• Section 14 (Dispute Resolution)

• Section 16 (General Provisions)

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11. Compliance and Regulatory Matters

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11.1 Your Compliance Responsibilities

 

You are solely responsible for:

 

Healthcare Regulations:

• HIPAA compliance and Business Associate Agreements with your vendors

• State physical therapy licensing and practice requirements

• Professional liability insurance

• Medicare/Medicaid compliance

• Insurance billing regulations

 

Business Regulations:

• Employment and labor laws

• Tax obligations and reporting

• Business licensing and permits

• Occupational safety requirements

 

Marketing Regulations:

• FTC truth in advertising requirements

• State medical advertising restrictions

• CAN-SPAM email compliance

• Telemarketing and TCPA compliance

• Testimonial and endorsement guidelines

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11.2 Peeq's Role

 

We provide:

• Guidance and education on compliance best practices

• Recommendations for compliance tools and procedures

• Implementation support for compliant systems

• Vendor evaluation to identify compliant solutions

 

We do NOT provide:

• Legal advice or legal opinions

• Compliance certification or attestation

• Guarantees of regulatory compliance

• Representation before regulatory agencies

• Defense in enforcement actions

 

You should consult with qualified legal counsel for compliance advice.

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11.3 Regulatory Changes

 

Healthcare and marketing regulations change frequently. We will:

• Make reasonable efforts to stay informed of regulatory changes

• Update our recommendations when we become aware of changes

• Notify clients of significant changes that affect our services

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However:

• You remain responsible for monitoring regulatory changes affecting your practice

• We are not liable for non-compliance resulting from regulatory changes

• Additional fees may apply for services to address new regulatory requirements

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11.4 Required Disclosures

 

When we create marketing content or advertising for you:

• You are responsible for ensuring all required disclosures are included

• You must review and approve all content before publication

• You must ensure testimonials comply with FTC guidelines

• You must ensure claims are truthful and substantiated

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12. Privacy and Data Protection

 

12.1 Privacy Policy

 

Our collection, use, and protection of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

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12.2 Data Processing

 

When we process data on your behalf:

• We act as a service provider, not a data controller

• We process data only as instructed by you

• We implement appropriate security measures

• We do not use your data for our own purposes

• We do not sell or share your data with third parties (except as necessary to provide services)

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12.3 Client Data Security

 

You acknowledge that:

• No data transmission or storage is 100% secure

• You should maintain backups of critical data

• You are responsible for the security of credentials you control

• You should implement appropriate security measures in your practice

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12.4 Data Breaches

 

If we experience a data breach affecting your information:

• We will notify you within 72 hours of discovery

• We will provide details about the nature and scope of the breach

• We will take reasonable steps to mitigate harm

• You remain responsible for required breach notifications to patients (if applicable)

 

If you experience a data breach:

• Notify us immediately if our systems or services may be involved

• Provide us with information needed to assess our systems

• Do not publicly attribute the breach to our services without investigation

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12.5 PHI Protection

 

Reiteration: We do NOT access, process, or store Protected Health Information (PHI).

 

If PHI is inadvertently disclosed to us:

• Notify us immediately via privacy@peeqconsulting.com

• We will securely delete or return the information

• This does NOT create a Business Associate relationship

• You remain responsible for breach notification obligations

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13. AI and Automation Services

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13.1 AI Service Limitations

 

When we implement AI-powered tools (chatbots, documentation assistants, content generators):

 

You acknowledge that AI:

• May occasionally produce incorrect, inappropriate, or unexpected outputs

• Requires human review, especially for clinical or patient-facing use

• Improves over time but is not perfect

• May reflect biases present in training data

• Should not make final decisions without human oversight

 

You agree to:

• Implement appropriate human review processes

• Not use AI for high-risk clinical decisions without clinician approval

• Train staff on AI tool limitations and proper use

• Monitor AI outputs for quality and accuracy

• Have fallback procedures if AI systems fail

 

13.2 AI Compliance

 

For HIPAA compliance:

• We will recommend only AI tools with Business Associate Agreements available

• You are responsible for obtaining BAAs from AI vendors

• You must not input PHI into non-compliant AI tools

• You should implement access controls and audit logs

 

For professional standards:

• AI-generated clinical documentation must be reviewed by licensed clinicians

• AI should support, not replace, professional judgment

• You remain professionally responsible for all clinical decisions

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13.3 Automation Reliability

 

Automated workflows (email sequences, appointment reminders, billing processes):

 

You acknowledge that:

• Automation requires proper configuration and testing

• Automated systems may occasionally fail or produce errors

• You should monitor automated processes regularly

• You need backup procedures for critical functions

• You should test changes before deploying to production

 

We will:

• Configure automation according to industry best practices

• Test automation before launch

• Provide training on monitoring and troubleshooting

• Offer support for automation issues

 

We are NOT liable for:

• Damages from automation failures or errors

• Patient complaints about automated communications

• Lost revenue from system downtime

• Costs of manual workarounds

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13.4 AI Training and Learning

 

When we implement AI systems:

 

You understand that:

• AI systems may learn from usage patterns

• We may use aggregated, de-identified data to improve AI performance

• Individual patient data is never used to train AI models

• You retain ownership of your practice data

 

We will:

• Use only HIPAA-compliant AI services for healthcare applications

• Ensure AI vendors do not use PHI for training

• Configure AI systems to maximize privacy

• Document data flows and processing activities

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13.5 Third-Party AI Services

 

When implementing third-party AI tools (OpenAI, Anthropic, specialized healthcare AI):

 

You acknowledge:

• These services have their own terms and conditions

• We are not responsible for third-party AI failures or errors

• Pricing and features may change

• API access may be modified or discontinued

 

We will:

• Recommend reputable AI providers

• Help you evaluate terms and compliance

• Configure services according to best practices

• Provide alternatives if a service becomes unsuitable

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14. Dispute Resolution

 

14.1 Informal Resolution

 

Before initiating formal proceedings, the parties agree to:

1. Provide written notice of the dispute to the other party

2. Schedule a good-faith meeting within 15 days to discuss resolution

3. Involve senior management from both organizations

4. Attempt to resolve the matter informally for at least 30 days

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14.2 Mediation

 

If informal resolution fails, the parties agree to:

• Engage in mediation before pursuing litigation or arbitration

• Use a mutually agreed mediator (or one appointed by the American Arbitration Association)

• Share mediation costs equally

• Participate in good faith for at least one full-day mediation session

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14.3 Binding Arbitration

 

If mediation fails, disputes shall be resolved by binding arbitration, except for:

• Claims seeking injunctive relief

• Intellectual property disputes

• Collection of unpaid fees under $10,000

 

Arbitration Terms:

• Conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA)

• One arbitrator mutually agreed upon (or appointed by AAA)

• Location: [Insert city/state where Peeq is located] or mutually agreed location

• Arbitrator's decision is final and binding

• Judgment on the award may be entered in any court of competent jurisdiction

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14.4 Class Action Waiver

 

YOU AGREE THAT DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY, AND MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

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14.5 Exceptions to Dispute Resolution

 

The following may be brought directly in court without mediation or arbitration:

• Claims for injunctive or equitable relief

• Intellectual property infringement claims

• Collection actions for unpaid fees under $10,000

• Enforcement of arbitration awards

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14.6 Attorney's Fees

 

In any dispute:

• Each party initially bears its own legal costs

• The prevailing party in arbitration or litigation may be awarded reasonable attorneys' fees and costs

• The arbitrator or court determines whether to award fees and in what amount

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14.7 Limitation Period

 

Any claim must be brought within one (1) year after the cause of action arises, or it is permanently barred.

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15. Governing Law and Jurisdiction

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15.1 Governing Law

 

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.

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15.2 Jurisdiction and Venue

 

For disputes not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in [Insert County and State], and waive any objection to venue in those courts.

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15.3 Waiver of Jury Trial

 

BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL in any action or proceeding arising out of or related to these Terms.

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16. General Provisions

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16.1 Entire Agreement

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These Terms, together with:

• Your Service Agreement or Statement of Work

• Our Privacy Policy

• Any addendums or amendments signed by both parties

 

Constitute the entire agreement between you and Peeq regarding the subject matter and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

 

16.2 Amendments

 

We may modify these Terms at any time by:

• Posting updated Terms on our website

• Updating the "Last Updated" date

• Providing notice to active clients

 

For ongoing services:

• Continued use after notice constitutes acceptance

• Material changes require 30 days' notice

• You may terminate if you don't agree to changes

 

For existing projects:

• Changes apply only to new Services Agreements

• Existing projects continue under original terms

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16.3 Waiver

 

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by the waiving party.

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16.4 Severability

 

If any provision of these Terms is found to be unenforceable or invalid:

• That provision shall be limited or eliminated to the minimum extent necessary

• The remaining provisions shall remain in full force and effect

• The parties shall negotiate in good faith to replace the invalid provision

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16.5 Assignment

 

You may not assign or transfer these Terms or any rights hereunder without our prior written consent.

We may assign these Terms:

• To any affiliate or subsidiary

• In connection with a merger, acquisition, or sale of assets

• To any successor entity

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16.6 Force Majeure

 

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including:

• Natural disasters (earthquakes, floods, fires)

• War, terrorism, or civil unrest

• Government actions or regulations

• Pandemics or public health emergencies

• Labor strikes or disputes

• Internet or telecommunications failures

• Cyberattacks or security breaches

 

The affected party must:

• Notify the other party promptly

• Use reasonable efforts to mitigate the impact

• Resume performance as soon as reasonably possible

 

If force majeure continues for more than 60 days, either party may terminate the affected services.

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16.7 Independent Contractors

 

Peeq and Client are independent contractors. These Terms do not create:

• An employment relationship

• A partnership or joint venture

• An agency relationship

• A franchise relationship

 

Neither party has authority to bind the other or make commitments on the other's behalf.

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16.8 No Third-Party Beneficiaries

 

These Terms are for the sole benefit of the parties and their permitted successors and assigns. No third party has any right to enforce or benefit from these Terms.

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16.9 Notices

 

All notices must be in writing and sent to:

Peeq Consulting
841 Royal Oak Dr, Marysville OHO 43040
Email: mark.kaple@peeqconsulting.com

To Client: To the address and email provided in your Service Agreement

 

Notices are deemed received:

• If by email: 24 hours after sending (if no bounce-back)

• If by mail: 3 business days after sending via certified mail

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16.10 Headings

 

Section headings are for convenience only and do not affect interpretation of these Terms.

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16.11 Interpretation

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• "Including" means "including but not limited to"

• Singular includes plural and vice versa

• "Days" means calendar days unless specified as "business days"

• Business days exclude weekends and U.S. federal holidays

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16.12 Survival

 

Provisions that by their nature should survive termination shall survive, including:

• Intellectual property rights

• Confidentiality obligations

• Payment obligations

• Limitation of liability

• Indemnification

• Dispute resolution

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16.13 Counterparts and Electronic Signatures

 

Service Agreements may be executed in counterparts, each of which is deemed an original. Electronic signatures (including DocuSign, Adobe Sign) are valid and binding.

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17. Special Terms for Specific Services

 

17.1 Website Development and Hosting

 

If we develop or host your website:

 

Ownership:

• You own custom content we create for you

• We retain rights to underlying code, templates, and frameworks

• Third-party plugins/themes are subject to their own licenses

 

Hosting (if applicable):

• We provide hosting on a month-to-month basis

• We maintain reasonable uptime but do not guarantee 100%

• You must maintain current backups

• We may suspend hosting for non-payment or terms violations

 

Maintenance:

• Regular updates are your responsibility unless you purchase a maintenance plan

• We recommend monthly security updates and backups

• Outdated websites may become vulnerable to security issues

 

Transfer:

• Upon termination, we will provide website files and database exports

• You are responsible for finding new hosting

• We will assist with migration (fees may apply)

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17.2 Social Media Management

 

If we manage your social media accounts:

 

Access:

• You grant us appropriate access to your accounts

• You retain ownership of accounts

• You may revoke access at any time

 

Content:

• We create content based on approved strategies

• You approve content before posting (if specified in SOW)

• We follow platform guidelines and best practices

• You are responsible for ensuring content is accurate and compliant

 

Liability:

• We are not responsible for platform changes, suspensions, or bans

• We are not responsible for negative comments or reviews

• You remain responsible for responding to patient complaints

• We will notify you of significant issues or crises

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17.3 SEO and Digital Advertising

 

For SEO and PPC advertising services:

 

Results:

• SEO results typically take 3-6 months to materialize

• We do not guarantee specific rankings or traffic levels

• Algorithm changes may affect results

• Competition and market conditions impact outcomes

 

Ad Spending:

• You are responsible for ad platform costs (Google Ads, Facebook Ads, etc.)

• Ad spend is separate from our management fees

• We recommend budgets but you approve spending

• Unused ad budget does not roll over or get refunded

 

Compliance:

• You are responsible for ensuring ads comply with healthcare advertising regulations

• You must approve ad content before launch

• We follow platform policies but are not liable for ad disapprovals

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17.4 AI Implementation Projects

 

For custom AI agent implementations:

 

Timeline:

• Implementation typically takes 30-90 days depending on complexity

• Timeline depends on your responsiveness and system access

• Testing and refinement periods are included

 

Training Data:

• AI performance improves with quality training data

• You are responsible for providing necessary documentation and examples

• We will configure AI based on your practice's specific needs

 

Ongoing Maintenance:

• AI systems require monitoring and occasional updates

• Ongoing support can be purchased separately

• You are responsible for monitoring AI performance

 

Integration:

• We integrate with systems you specify

• Integration depends on API availability and permissions

• Changes to third-party systems may require reconfiguration

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17.5 Training and Workshops

 

For training sessions and workshops:

 

Attendance:

• You are responsible for ensuring staff attendance

• No refunds for unused training sessions

• Rescheduling requires 5 business days' notice

 

Materials:

• Training materials are provided for your internal use only

• Materials may not be shared externally or resold

• We retain intellectual property in training content

 

Follow-up:

• Limited follow-up support is typically included

• Extended support can be purchased separately

• We are not responsible for staff implementation of training

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18. Specific Disclaimers

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18.1 No Medical Advice

 

Peeq Consulting does not provide medical, clinical, or healthcare advice. Our services focus on business operations, marketing, and technology. Nothing in our services should be construed as:

• Diagnosis or treatment recommendations

• Clinical practice guidelines

• Substitute for professional medical judgment

• Patient care advice

 

You remain solely responsible for all clinical decisions and patient care.

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18.2 No Legal Advice

 

We are not a law firm and do not provide legal advice. Our guidance on compliance matters is educational only. You should:

• Consult qualified legal counsel for legal advice

• Verify compliance requirements with appropriate authorities

• Obtain professional legal review of contracts and policies

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18.3 No Accounting or Tax Advice

 

We may provide business analytics and financial metrics, but we do not provide:

• Tax advice or tax preparation

• Accounting services

• Financial statement audits

• Investment advice

 

Consult qualified accounting and tax professionals for these matters.

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18.4 No Guarantees About Third-Party Services

 

When we recommend third-party services or tools:

• We do not guarantee their performance or suitability

• We are not responsible for their failures or errors

• We have no control over their pricing or terms

• You are responsible for evaluating and selecting vendors

 

Our recommendations are based on our professional judgment and experience but are not endorsements or guarantees.

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18.5 COVID-19 and Pandemic Disclaimer

 

Our projections and benchmarks may be based on pre-pandemic data. Healthcare regulations, reimbursement rates, patient behavior, and market conditions may differ significantly during and after public health emergencies.

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19. Contact Information

 

For questions about these Terms and Conditions:

Peeq Consulting

General Inquiries: mark.kaple@peeqconsulting.com
Legal Matters: mark.kaple@peeqconsulting.com
Privacy Matters: mark.kaple@peeqconsulting.com
Billing Questions: mark.kaple@peeqconsulting.com

Phone: +1 614-546-9867
Mailing Address:
841 Royal Oak Dr, Marysville, OH 43040

Office Hours: Monday-Friday, 9:00 AM - 5:00 PM [Eastern Time Zone]

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Acknowledgment and Acceptance

 

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:

✓ You have read and understood these Terms and Conditions
✓ You agree to be bound by these Terms
✓ You have authority to enter into this agreement
✓ You understand the limitations, disclaimers, and liability provisions
✓ You will comply with all applicable laws and regulations

 

If you do not agree to these Terms, you must not use our services.

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For specific service engagements, you will be asked to sign a Service Agreement that incorporates these Terms by reference.

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Last Updated: October 28, 2025
Effective Date: January 1, 2025

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© 2025 Peeq Consulting. All rights reserved.