The rules of the road

Last updated: May 26, 2026

These Terms of Service ("Terms") govern your use of desertpeakco.com, the admin platform at app.desertpeakco.com, the proposal and agreement viewers we publish for clients, and any service Desert Peak Co. provides (together, the "Services"). By using the Services you agree to these Terms. If you don't agree, don't use the Services.

1. Who we are

Desert Peak Co. ("Desert Peak," "we," "us") is an Arizona limited liability company at 4539 N 22nd St Ste. N, Phoenix, AZ 85016. We design, build, host, and maintain custom websites, software, and admin tools for businesses.

2. What the Services include

The public site (desertpeakco.com) is informational. The admin platform (app.desertpeakco.com) is provided to clients and prospects so they can view proposals, sign agreements, fill out intake forms, and receive executed copies. Engaging us for custom work is governed by a separate written Service Agreement between Desert Peak and the client; if there's any conflict between that Service Agreement and these Terms, the Service Agreement controls for that engagement.

3. Eligibility

You must be at least 18 years old and able to enter a binding contract to use the Services. If you're using the Services on behalf of an organization, you represent that you're authorized to bind that organization.

4. Your account and credentials

Some features require an account (managed for us by Clerk). You're responsible for keeping your login credentials secure and for all activity on your account. Tell us promptly if you suspect unauthorized use. We may suspend or terminate an account if we believe it's being used in violation of these Terms or applicable law.

5. Acceptable use

You agree not to:

Use the Services for anything unlawful, deceptive, abusive, or harmful.
Reverse engineer, scrape, or interfere with the operation or security of the Services.
Probe, vulnerability-scan, or attempt to gain unauthorized access to any system or account.
Upload viruses, malware, or content that infringes someone else's rights.
Misrepresent your identity, your authority, or the source of any submission.
Use the Services to spam, harass, or harvest information about other users.

6. Payments, invoices & subscriptions

Where the Services involve payment, we use Stripe to issue invoices and run subscriptions. Specific amounts, schedules, and refund terms are set out in the client's Service Agreement and the corresponding Stripe invoices. Unless the Service Agreement says otherwise:

Stated prices are exclusive of taxes; applicable sales / use / VAT taxes are added on top, calculated by Stripe Tax based on your billing jurisdiction.
Each invoice may include a payment-processing surcharge equal to the Stripe processing fee for that transaction, shown as a separate line item.
Invoices are due on receipt; subscriptions are billed in advance.
Unpaid amounts past due may result in suspension of the related Service or pause of the subscription, after written notice.
All payments are non-refundable except as expressly stated in the client's Service Agreement.

7. Intellectual property

The Services and all content we publish on the public site (desertpeakco.com), including our brand, copy, and design system, belong to Desert Peak Co. and are protected by intellectual-property laws. Nothing in these Terms grants you any license to that content beyond viewing the public site.

For custom client engagements, ownership of the deliverables is governed by the client's Service Agreement, which generally transfers ownership of the final code, designs, and content created specifically for the client upon full payment, while Desert Peak retains rights to its pre-existing tools, libraries, and know-how.

Open-source dependencies remain under their original licenses. AI-generated assets (if any) carry the terms of the underlying model providers.

8. Content you submit

When you submit content to us through a form, an intake, an agreement-signing flow, or any other channel (a "Submission"), you represent that you own or have the right to share that content and grant Desert Peak a limited license to use it for the purpose for which you submitted it (e.g., to perform the requested work or execute an agreement). We treat your Submissions as confidential to the extent described in our Privacy Policy and in any mutual NDA between the parties.

9. Third-party services

The Services rely on third-party platforms (Vercel, Turso, Neon, Stripe, Resend, Clerk, and others). Their availability, terms, and pricing are outside our control. We're not responsible for outages, breaches, or changes in those services, except to the extent caused by our own negligence or breach of these Terms.

10. No warranty

The Services are provided "as is" and "as available." Except for any warranty expressly stated in a client's Service Agreement, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising out of course of dealing or usage of trade. We do not guarantee any specific business outcome (traffic, inquiries, conversions, revenue, press, or otherwise).

11. Limitation of liability

To the maximum extent permitted by law, Desert Peak is not liable to you for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if we were advised of the possibility of those damages.

Our total aggregate liability arising out of or relating to your use of the Services is limited to the greater of (a) the amount you've actually paid Desert Peak in the twelve (12) months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100). If you're a client under a Service Agreement, the liability cap in that Agreement controls for that engagement.

12. Indemnification

You'll indemnify and hold Desert Peak harmless from third-party claims, damages, and expenses (including reasonable attorney fees) arising out of (a) your use of the Services, (b) Submissions you provide that infringe third-party rights or violate law, or (c) your breach of these Terms.

13. Termination

You can stop using the Services at any time. We may suspend or terminate your access to the Services at any time for material breach of these Terms, for legal reasons, or to protect the security or integrity of the Services, with notice where practical. Sections of these Terms that by their nature should survive termination (intellectual property, payments owed, no warranty, limitation of liability, indemnification, governing law) will survive.

14. Governing law & venue

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Any dispute arising out of these Terms or your use of the Services will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts. The prevailing party is entitled to recover its reasonable attorney fees and costs.

15. Changes to these Terms

We may update these Terms from time to time. When we do, we update the "Last updated" date at the top. Material changes take effect 30 days after we post them, or sooner if required by law. Continued use of the Services after the effective date means you accept the change. If you don't agree to a change, stop using the Services.

16. General

These Terms, the Privacy Policy, and any client Service Agreement or Mutual NDA between us are the entire agreement between you and Desert Peak on their subject matter and supersede any prior discussions or agreements on the same subject. Our failure to enforce a provision isn't a waiver. If any provision is unenforceable, the rest stays in effect. You may not assign these Terms without our written consent; we may assign them to a successor in connection with a merger, acquisition, or sale of substantially all of our assets.

17. Contact

Questions or concerns about these Terms: hello@desertpeakco.com · 312-680-0626 · Desert Peak Co., 4539 N 22nd St Ste. N, Phoenix, AZ 85016.