Legal

Terms of Service

Please read these terms carefully before using Peakmuv. By accessing or using the platform you agree to be bound by them.

Last updated: May 12, 2026  •  Effective: May 12, 2026

TL;DR — Peakmuv is a marketing automation platform. Use it for lawful communications only. You own your content, we protect your data, and either party may end the relationship at any time. Full details below.

1. Acceptance of Terms

By creating an account, accessing, or using any part of the Peakmuv platform (the "Service"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and any additional guidelines we publish.

If you are acting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Peakmuv provides a cloud-based marketing automation platform that enables businesses to send email campaigns, SMS broadcasts, and WhatsApp messages; manage contacts; automate workflows; deploy AI-powered auto-replies; analyse campaign performance; schedule appointments; and integrate with third-party providers (collectively, the "Service").

The Service is provided on a subscription basis. Feature availability depends on the plan you select. We reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

3. Eligibility

To use the Service you must:

  • Be at least 18 years of age (or the age of majority in your jurisdiction).
  • Provide accurate and complete registration information.
  • Not be barred from receiving services under applicable law.
  • Not have had a previous account terminated for violating these Terms.

4. Accounts & Security

4.1 Registration

You must register for an account to access the Service. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your password and all activities under your account.

4.2 Account Security

Notify us immediately at support@mailerpeak.com if you suspect any unauthorised use. Peakmuv is not liable for loss arising from unauthorised use of your credentials.

4.3 One Account per Business

Each account is scoped to a single business entity. You may not share access or allow third parties to use your account without our written consent.

5. Billing & Payments

5.1 Plans & Fees

Subscription fees are shown on our Pricing page and billed monthly or annually depending on your selected plan. Prices are listed in Nigerian Naira (NGN) with USD equivalents where applicable.

5.2 Payment Processing

Payments are processed via Paystack (NGN) and PayPal (USD). By providing payment details you authorise us to charge the applicable fees on a recurring basis.

5.3 Refunds

Monthly subscriptions are non-refundable once the billing cycle begins. Annual subscriptions may be eligible for a pro-rated refund within 14 days of purchase — contact support to request one. Refunds are issued to the original payment method within 5–10 business days.

5.4 Taxes

You are responsible for all applicable taxes, levies, or duties imposed by your jurisdiction. Displayed prices exclude VAT/GST unless stated otherwise.

5.5 Upgrades & Downgrades

Upgrades take effect immediately and are charged pro-rata. Downgrades take effect at the end of the current billing cycle.

5.6 Free Plan

The Starter (free) plan has no time limit. We may adjust its features or limits with 30 days' notice.

6. Acceptable Use Policy

You agree not to use the Service to:

  • Send unsolicited messages (spam) to anyone who has not given explicit consent.
  • Violate any anti-spam law (including Nigeria's NITDA guidelines, CAN-SPAM, GDPR, and CASL).
  • Transmit illegal, harmful, threatening, abusive, harassing, defamatory, or obscene content.
  • Promote illegal activities, pyramid schemes, or unapproved multi-level marketing.
  • Impersonate any person, organisation, or brand.
  • Upload or distribute viruses, malware, or other harmful code.
  • Attempt to gain unauthorised access to accounts or our infrastructure.
  • Reverse-engineer, decompile, or disassemble any part of the Service.
  • Resell or sublicense the Service without written permission.
  • Use the Service in any way that could damage, disable, or overburden it.

Violations may result in immediate suspension or termination without refund. We reserve the right to report illegal activity to relevant authorities.

7. Your Content

7.1 Ownership

You retain full ownership of all content you upload, import, or generate through the Service ("Your Content"), including contact lists, campaign templates, images, and copy.

7.2 Licence to Us

You grant Peakmuv a limited, non-exclusive, royalty-free licence to store, process, and transmit Your Content solely as necessary to provide the Service. We will never sell Your Content to third parties.

7.3 Your Responsibility

You are solely responsible for ensuring Your Content and use of the Service comply with all applicable laws, regulations, and third-party rights (including IP and data-protection obligations).

7.4 Data Retention

Upon account termination, Your Content is retained for 30 days during which you may export it. After 30 days, all data is permanently deleted from our systems.

8. Intellectual Property

The Service — including all software, designs, trademarks, logos, text, and materials — is owned by or licensed to Peakmuv and protected by applicable IP laws. You may not copy, modify, distribute, or create derivative works without our express written consent.

9. Privacy & Data Protection

Our Privacy Policy describes how we collect, use, and protect your personal data. By using the Service you agree to our data practices. For questions, contact our team.

As data controller for your contact lists, you are responsible for obtaining all required consents from subscribers and complying with applicable data-protection laws (including the Nigeria Data Protection Act 2023 and GDPR where applicable).

10. API Usage

Peakmuv offers a REST API (view docs) for programmatic access. API usage is subject to these Terms plus the following:

  • API keys are tied to your account and must not be shared publicly.
  • Rate limits apply per plan; exceeding them may result in temporary throttling.
  • Automated scripts must include a descriptive User-Agent header.
  • You must not use the API to scrape, mirror, or replicate the Service.
  • We may revoke API access if abuse or policy violations are detected.

11. Third-Party Services

The Service integrates with third-party providers including (but not limited to) Meta WhatsApp Business API, Paystack, PayPal, OpenAI, Anthropic, and Google Gemini. Your use of these integrations is additionally governed by the respective provider's terms. Peakmuv is not responsible for the availability, accuracy, or conduct of any third-party service.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted or error-free, nor do we guarantee specific delivery rates, open rates, or campaign outcomes.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PEAKMUV AND ITS OFFICERS, EMPLOYEES, PARTNERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM:

  • Your access to or use of (or inability to access or use) the Service;
  • Any conduct or content of any third party on the Service;
  • Any content obtained from the Service; or
  • Unauthorised access, use, or alteration of your transmissions or content.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ₦50,000 (FIFTY THOUSAND NAIRA).

14. Indemnification

You agree to indemnify and hold harmless Peakmuv, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or fees (including reasonable attorneys' fees) arising out of your violation of these Terms or your use of the Service, including your content, messaging activities, or violation of any law.

15. Termination

15.1 By You

You may cancel your account at any time from the Billing section of your dashboard. Cancellation takes effect at the end of the current billing cycle for paid plans, or immediately for the free plan.

15.2 By Us

We may suspend or terminate your account immediately for violations of these Terms, fraudulent activity, or as required by law. We will provide notice where reasonably practicable.

15.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections 7, 8, 12, 13, 14, and 17 survive termination.

16. Changes to These Terms

We may update these Terms from time to time. For material changes we will notify you by email and/or a prominent in-app notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

17. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to conflict-of-law principles.

Any dispute shall first be submitted to good-faith negotiation. If unresolved within 30 days, it shall be referred to binding arbitration under the Arbitration and Conciliation Act (Cap A18, LFN 2004) in Lagos, Nigeria. Either party may seek emergency injunctive relief in a court of competent jurisdiction.

18. Contact Us

For questions about these Terms, please reach out:

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