Terms of Service

Blue Peak Digital AI ("Blue Peak", "we", "us") is an AI-powered web studio that builds websites, e-commerce platforms, SaaS/web applications, business automation, dashboards, and related digital services. This website provides information about our services and lets you request a quote, start a project, or contact us.

You must be at least 18 years old and legally able to enter contracts to engage our services. By using the site or requesting services, you represent that you meet these requirements.

The website and its content are provided for general information. Pricing, examples, and case studies are illustrative; final scope and price are confirmed in a signed proposal/SOW. We may update offerings and content at any time.

Calculator estimates and published starting prices (e.g., Starter from $1,500, Growth from $7,500, Advanced from $15,000; Enterprise/custom by assessment) are estimates only. The accepted proposal or SOW controls the final project price.

Engagements are governed by a Master Service Agreement and a project-specific SOW that defines scope, deliverables, timeline, and price. A signed SOW, together with the Agreement and incorporated policies, forms the contract for that engagement.

Default project payment structure: 50% initial payment to begin the project, and 50% remaining balance due before final Production launch, transfer, or handoff.

A specific signed SOW may override the default payment structure when it explicitly states a different schedule (e.g., milestone payments).

Our Refund, Cancellation & Payment Terms are incorporated by reference and govern deposits/initial payments, earned-vs-refundable allocation, late payments (10-calendar-day cure), work suspension, cancellations, third-party costs, and ownership on cancellation.

You will provide accurate information, make timely decisions, supply required content/branding/credentials/access, obtain rights to provided materials, and cooperate in good faith.

You represent that information you submit (contact, business, project) is accurate and that you have the right to provide any materials supplied.

IP allocation follows the Service Agreement: Blue Peak retains pre-existing IP, reusable frameworks, and know-how; the Customer receives owned/licensed rights to paid final deliverables after full payment; third-party components stay under their own licenses; customer-provided content remains yours.

Blue Peak retains all rights in its pre-existing tools, frameworks, reusable components, methods, and know-how.

You retain ownership of content you provide and grant Blue Peak a license to use it for the engagement. You are responsible for ensuring you have rights to supplied materials.

Engagements may use third-party services (Stripe, Supabase, Vercel, n8n, Twilio, Resend, OpenRouter, etc.). Their terms and pass-through costs apply; Blue Peak is not liable for provider outages or term changes (see §22).

Blue Peak Digital AI may use AI-assisted tools for development, design, research, analysis, automation, copy/content assistance, testing, and support. AI output may require human review and is not guaranteed unique, complete, or error-free. The Customer must review and approve all customer-facing final content and should not rely on Blue Peak AI output as legal, medical, financial, or other regulated professional advice. Third-party AI services (e.g., OpenRouter) may process information under their own terms.

You may not use our services for unlawful purposes, to infringe rights, transmit malware, abuse staff, or submit false information. We may suspend or terminate access for prohibited use.

Blue Peak applies reasonable technical and organizational measures for systems it controls. You are responsible for securing your own accounts, credentials, and any end-user data you provide.

You are responsible for credentials you hold and for not embedding secrets in content you provide. Blue Peak will not store customer secrets in deliverables.

Delays from late content, feedback, approvals, or access extend delivery and do not entitle a refund of earned work. The 30-day stalled-project process is described in the Service Agreement/Refund Terms.

Default: 2 reasonable revision rounds per major review milestone (unless the SOW states otherwise). Additional revisions or scope changes require a written change request and may affect price/timeline.

We may suspend work after the payment cure period, or terminate for material breach, misuse, unlawful use, or bad-faith non-cooperation. You may cancel per the Refund/Cancellation Terms. On termination, earned work is billed and paid deliverables are released per the Agreement.

Blue Peak is not liable for failures, outages, or term changes of third-party providers, provided reasonable care in selection/configuration.

Ongoing maintenance/support is provided only under a separate maintenance SOW/plan. Blue Peak Digital AI offers standard maintenance plans — Monthly and Quarterly — with a 30-day written cancellation notice. There is no universal auto-renew. Hosting and third-party subscriptions are pass-through and governed by their providers.

We strive for reliable availability but do not guarantee uninterrupted access. The site may be modified or paused for maintenance.

Services and the website are provided "as is" without warranties beyond those expressly stated in a signed proposal. Implied warranties are disclaimed to the maximum extent permitted by law.

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, or consequential damages. Blue Peak's aggregate liability is limited to the fees paid or payable under the applicable SOW. This limitation does not apply to, and no exclusion is attempted for: fraud; willful misconduct; gross negligence; violations of law; or indemnification obligations.

Narrow mutual third-party-claims structure: Customer indemnifies Blue Peak for claims from Customer-provided content/instructions/unlawful use/breach; Blue Peak indemnifies for claims from Blue Peak-created deliverables infringing third-party rights or Blue Peak's own unlawful acts, subject to prompt notice, cooperation, and defense-control procedure.

No mandatory arbitration. Process: (1) written notice of dispute; (2) 30-day good-faith direct-resolution period; (3) optional mediation only by mutual agreement; (4) unresolved disputes go to California courts. Statutory and nonwaivable rights are preserved, including qualifying small-claims matters.

This Agreement and any engagement are governed by the laws of the State of California. The parties submit to the jurisdiction of state and federal courts located in Los Angeles County, California, except for qualifying small-claims matters and any exception required by law.

We separate transactional communications (inquiry responses, proposals, payment information, onboarding, requirements, project-status notices, review requests, revisions, deployment/handoff, security/account messages) from marketing communications (promotional email). Transactional messages may be sent as needed to deliver the engagement. Marketing email requires a compliant opt-out/unsubscribe mechanism, and customers are not automatically enrolled in marketing solely because they purchased a service. Marketing SMS via Twilio remains disabled until a separate consent and compliance review is completed.

We may update these Terms as services evolve; material changes are reflected by a new effective date. Continued engagement after an update constitutes acceptance, except where a signed SOW states otherwise.

Questions: digital@bluepeakaiagency.com

Contact: digital@bluepeakaiagency.com