Terms of Service

1. Introduction

Welcome to HighPeak Digital. These Terms of Service (“Terms”) apply to all visitors, clients, and users of our website and services. By accessing or using our website, engaging our services, or interacting with our content, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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

2. Services Provided

HighPeak Digital provides digital, AI, and software-related services, which may include AI strategy and consulting, custom AI solutions, automation, digital product development, integrations, AI voice agents, chatbots, dashboards, and related professional services (collectively, the “Services”).

The specific scope of any Services we provide to you will be set out in separate proposals, quotes, or agreements between you and HighPeak Digital. Those documents will apply in addition to these Terms.

3. Changes to These Terms

We may update or amend these Terms from time to time at our discretion. When we do so, we will post the updated Terms on this page and update the revision date if applicable.

Your continued use of our website or Services after any changes to the Terms have been posted will constitute your acceptance of the updated Terms. If you do not agree to the changes, you must stop using our website and Services.

4. Account Registration and Use

To access certain features or portals related to our Services, you may be required to create an account or be provided with login details. Where this applies, you agree to:

• provide accurate, current, and complete information during registration; and
• keep your login credentials confidential and not share them with any third party.

You are responsible for all activity that occurs under your account or via your login credentials. You must notify us promptly if you suspect any unauthorised access or use of your account.

5. Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your personal information and forms part of these Terms. By using our website or Services, you also agree to our Privacy Policy.

You can view our Privacy Policy on our website.

6. User Responsibilities and Acceptable Use

You agree to use our website and Services only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the website or Services by, any other person.

You agree that you will not:

• use the website or Services for any illegal, fraudulent, or harmful activity;
• attempt to gain unauthorised access to any systems, networks, or data;
• introduce viruses, malware, or other harmful code;
• copy, modify, or reverse engineer any part of the Services, except where expressly permitted by law;
• use the website or Services in a way that may damage, disable, overburden, or impair our infrastructure.

7. Intellectual Property

All intellectual property rights in our website, content, branding, and Services (including but not limited to text, graphics, logos, software, and documentation) are owned by or licensed to HighPeak Digital.

Unless expressly agreed in writing or granted in a separate contract, you are granted a limited, non-exclusive, non-transferable licence to access and use the website and any deliverables solely for your internal business purposes. You may not reproduce, distribute, or create derivative works from our content or deliverables except as explicitly permitted under an agreement with us or by law.

8. Third-Party Services & Links

Our website and Services may include integrations with, or links to, third-party websites, software, platforms, or services that are not owned or controlled by HighPeak Digital.

We are not responsible for the content, availability, security, or privacy practices of any third-party websites or services. Your use of third-party services is subject to their own terms and conditions and privacy policies.

9. Termination & Suspension

We may suspend or terminate your access to our website or Services at any time, with or without notice, if:

• you breach these Terms or any other agreement with us; or
• we reasonably consider it necessary to protect our business, systems, or other users; or
• we cease providing all or part of the website or Services.

Upon termination, any rights granted to you under these Terms will immediately cease. Termination does not limit any rights or remedies available to HighPeak Digital at law or in equity.

10. Governing Law

These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of New Zealand.

You agree to submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute arising from or connected with these Terms or your use of our website or Services.

11. Changes to the Service

We may modify, update, suspend, or discontinue any part of our website or Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the website or Services.

12. Disclaimers & Limitation of Liability

The website and Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, HighPeak Digital makes no warranties, express or implied, regarding the website or Services, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

To the fullest extent permitted by New Zealand law, HighPeak Digital, its directors, employees, partners, agents, suppliers, or affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with:

• your access to or use of, or inability to access or use, the website or Services;
• any conduct or content of any third party on or related to the website or Services; or
• any unauthorised access, use, or alteration of your transmissions or data.

Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under New Zealand law.

13. Contact Us

If you have any questions about these Terms or our Services, please contact us:

Email: [email protected]