Terms of Service

These Terms of Service ("Terms") govern your use of the services provided by Obsidian Peak Holdings LLC ("Company," "we," "us," or "our"), located in Lake Placid, Florida. By engaging our services or accessing our website at obsidianpeakholdings.com ("Site"), you agree to be bound by these Terms. If you do not agree, do not use our services.

1. Services

Obsidian Peak Holdings LLC provides digital marketing services to local businesses, including but not limited to: CRM setup and management, marketing automation, website and funnel development, reputation management, online scheduling systems, and communications infrastructure (collectively, the "Services"). Specific services are defined in your service agreement or order form.

2. Eligibility

You must be at least 18 years old and have the legal authority to enter into a binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.

3. Service Agreements & Payment

3.1 Monthly Plans. Services are billed on a monthly subscription basis. Your subscription renews automatically each month on the billing date unless cancelled.

3.2 Setup Fees. One-time setup fees are non-refundable once onboarding work has commenced. Setup fees cover the labor and configuration involved in building your custom marketing system.

3.3 Payment. All fees are due in advance. Failure to pay may result in suspension of services. We accept major credit cards and ACH payments.

3.4 Price Changes. We reserve the right to change our pricing with 30 days' written notice to existing clients.

4. Cancellation Policy

You may cancel your monthly subscription at any time by providing written notice to stuart@obsidianpeakholdingsllc.com. Cancellations take effect at the end of the current billing period. No partial-month refunds are issued. Setup fees are non-refundable.

5. Client Responsibilities

To receive the full benefit of our Services, you agree to:

• Provide accurate business information, login credentials, and materials we request in a timely manner.
• Respond to onboarding requests within a reasonable timeframe. Delays caused by the client do not entitle the client to refunds or service credits.
• Ensure you have the legal right to use any content, images, or materials you provide to us.
• Comply with all applicable laws in your marketing activities, including CAN-SPAM, TCPA, and applicable state laws.
• Not use our services for unlawful, deceptive, or spammy communications.

6. Intellectual Property

6.1 Our IP. The Peak Platform, our proprietary systems, workflows, templates, and methodologies remain the intellectual property of Obsidian Peak Holdings LLC. You receive a limited, non-transferable license to use these systems during your active subscription.

6.2 Your Content. You retain ownership of your business content — logos, copy, images, and customer data — that you provide to us. You grant us a limited license to use your content solely to provide the Services.

6.3 Upon Cancellation. Upon cancellation, your access to the Peak Platform ceases. Custom-built assets (websites, landing pages) delivered as standalone files will be provided to you upon request.

7. Data & Privacy

We collect and process data as described in our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for obtaining all necessary consents from your own customers for SMS, email, and other communications facilitated through our platform.

8. SMS & Communications Compliance

If your service plan includes SMS or automated communications, you agree to comply with all applicable laws including the Telephone Consumer Protection Act (TCPA) and A2P 10DLC regulations. You are responsible for ensuring your opt-in consent language and practices meet legal requirements. We provide standard consent language as a recommendation; final compliance responsibility rests with you as the business owner.

9. Disclaimer of Warranties

Our Services are provided "as is" and "as available." We make no warranty, express or implied, that the Services will meet your specific business goals, generate any particular number of leads or revenue, or be uninterrupted or error-free. Marketing results depend on many factors outside our control, including market conditions, your product or service quality, and competition.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Obsidian Peak Holdings LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities, arising out of or related to your use of our Services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim shall not exceed the total fees paid by you to us in the three (3) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Obsidian Peak Holdings LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any communications sent through your account.

12. Confidentiality

We agree to keep confidential any non-public business information you share with us in connection with the Services. You agree to keep confidential any proprietary information about our systems, workflows, pricing, and methods.

13. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved through binding arbitration in Highlands County, Florida, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

14. Modifications

We reserve the right to modify these Terms at any time. We will notify active clients of material changes via email at least 14 days before they take effect. Your continued use of our Services after the effective date constitutes acceptance of the revised Terms.

15. Entire Agreement

These Terms, together with any signed service agreement and our Privacy Policy, constitute the entire agreement between you and Obsidian Peak Holdings LLC with respect to the Services and supersede all prior agreements and understandings.

16. Contact

Questions about these Terms? Contact us at:
Obsidian Peak Holdings LLC
Lake Placid, Florida
stuart@obsidianpeakholdingsllc.com