PeakNIL

Terms of Service

Version 1.01 · Last updated May 12, 2026

1. Agreement to Terms

These Terms of Service ("Terms") form a binding contract between you and [Peak NIL, Inc.] ("PeakNIL," "we," "us"). They govern your access to and use of the PeakNIL website, mobile experiences, APIs, and related services (collectively, the "Service").

By creating an account, clicking "I agree," or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization (a brand, agency, school, or team), you represent that you have authority to bind that organization, and "you" includes that organization.

2. What PeakNIL Is — and Is Not

PeakNIL operates an online marketplace and tools that help athletes, influencers, brands, agencies, agents, parents/guardians, and schools discover one another, negotiate Name, Image, and Likeness ("NIL") opportunities, manage deals, and process payments.

PeakNIL is not a party to any deal between users. We are a neutral technology platform. We do not:

  • Provide legal, tax, accounting, eligibility, compliance, agency, or financial advice;
  • Guarantee the performance, conduct, or solvency of any user; or
  • Verify the accuracy of statements, statistics, profiles, or content posted by users (except as expressly stated).

You are solely responsible for evaluating, negotiating, and performing your own deals.

3. Eligibility

To use the Service, you must:

  1. Be at least 13 years old. Users under 18 (a "Minor") may only use the Service through an account managed or supervised by a parent or legal guardian who has accepted these Terms on the Minor's behalf and remains responsible for the Minor's activity, deals, and payments.
  2. Be legally able to enter into a binding contract in your jurisdiction.
  3. Not be barred from receiving services under U.S. or other applicable laws (including sanctions or export-control laws).
  4. Not have been previously suspended or removed from the Service.

NIL-specific eligibility is your responsibility. Athletes are solely responsible for confirming that participation on PeakNIL and any specific deal complies with applicable rules, including (without limitation) NCAA, conference, state, high-school athletic association, school, team, and international federation rules, as well as any contracts with schools, teams, agents, or sponsors. PeakNIL does not determine athlete eligibility.

4. Accounts

You must provide accurate, current, and complete information when creating an account and keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us immediately at [security@peaknil.com] of any unauthorized use.

We may refuse, suspend, or terminate accounts at our discretion, including for suspected fraud, abuse, eligibility violations, or breach of these Terms.

5. User Roles

Different account types (e.g., Athlete, Influencer, Brand/Business, Agent/Agency, Parent/Guardian, School Representative, Fan) have access to different features and assume different responsibilities. Misrepresenting your role, identity, affiliation, sport, school, statistics, follower counts, or authority to act on behalf of another person or entity is a material breach of these Terms.

6. Deals, Campaigns, and Content Workflows

The Service may include tools to create proposals, negotiate counter-offers, sign contracts (including via third-party e-signature providers), submit and approve deliverables, track performance, and resolve disputes. Such tools are provided as a convenience. The underlying agreement between users is solely between those users.

You agree to:

  • Negotiate and perform deals in good faith and in compliance with applicable law and any contract you sign;
  • Deliver the content, appearances, or services you have agreed to deliver;
  • Not artificially inflate metrics, fake engagement, misrepresent reach, or use bots; and
  • Disclose material connections (e.g., #ad, #sponsored) as required by the FTC and other regulators.

7. Payments, Escrow, and Fees

7.1 Payment Processing

Payments are processed by third-party providers, including Stripe (including Stripe Connect). By using payment features, you agree to the applicable Stripe terms and authorize PeakNIL and Stripe to collect, hold, transfer, and disburse funds on your behalf.

7.2 Escrow

For certain deals, funds may be held in escrow pending completion or approval of deliverables. Release conditions are described in the Service at the time of the deal.

7.3 Fees

PeakNIL may charge platform fees, transaction fees, withdrawal fees, subscription fees, or other charges, as disclosed at the time of purchase or in our pricing pages. Fees are non-refundable except as required by law or as expressly stated.

7.4 Taxes

You are solely responsible for determining, collecting, reporting, and remitting any taxes (income, sales, VAT, withholding, etc.) arising from your use of the Service or from deals you enter. PeakNIL may, where required, issue tax forms (e.g., 1099) and collect tax information.

7.5 Chargebacks and Reversals

If a payment is reversed, charged back, or refunded, you authorize PeakNIL to debit your wallet, future earnings, or linked payment methods to recover the amount, plus any associated fees.

7.6 Inactive Accounts and Unclaimed Funds

Funds held in your wallet may be subject to inactivity policies and applicable unclaimed-property laws.

8. Subscriptions and Auto-Renewal

Certain features (e.g., Athlete Premium, PeakNIL Unlimited, Agent tiers) are sold as subscriptions. Subscriptions automatically renew at the then-current price for successive billing periods until canceled. You may cancel at any time through your account settings; cancellation takes effect at the end of the current billing period. Except where required by law, fees already paid are non-refundable.

9. Content and Licenses

9.1 Your Content

"Your Content" means anything you submit, upload, post, or transmit through the Service — including profile information, photos, video, audio, statistics, deliverables, messages, and brand kits.

You retain ownership of Your Content.

9.2 License to PeakNIL

You grant PeakNIL a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, copy, reproduce, modify, create derivative works of, publish, publicly display, publicly perform, distribute, and otherwise use Your Content to operate, provide, improve, market, and promote the Service. This license survives termination only to the extent necessary for backups, legal compliance, and content already shared with other users.

9.3 License to Other Users

When you submit content to a deal or campaign, you also grant the counterparty the rights described in the deal terms, contract, or campaign brief.

9.4 Feedback

If you send us suggestions or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use them without obligation to you.

9.5 PeakNIL IP

The Service, including all software, designs, trademarks, logos, and content provided by PeakNIL, is owned by PeakNIL or its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

10. Prohibited Conduct

You agree not to:

  • Violate any law, regulation, NCAA/athletic-association rule, or third-party right;
  • Misrepresent your identity, affiliation, statistics, or eligibility;
  • Engage in fraud, money laundering, sanctions evasion, or payment abuse;
  • Circumvent PeakNIL's fees or facilitate off-platform payments for deals initiated on the Service;
  • Harass, threaten, defame, or harm any user, including minors;
  • Upload content that is illegal, infringing, sexually explicit, deceptive, hateful, or that depicts minors in any sexualized manner;
  • Scrape, crawl, reverse engineer, or interfere with the Service;
  • Use the Service to train AI/ML models without our written consent;
  • Introduce malware, exploit vulnerabilities, or attempt unauthorized access;
  • Use bots, fake followers, paid engagement, or other artificial inflation;
  • Resell, sublicense, or commercially exploit the Service except as permitted; or
  • Encourage or assist anyone else in doing any of the above.

We may investigate suspected violations, cooperate with law enforcement, and take enforcement action, including content removal, deal cancellation, fund holds, and account termination.

11. Minor Athletes

Accounts for athletes under 18 must be supervised by a Parent/Guardian who has accepted these Terms. The Parent/Guardian:

  • Approves all deals, content submissions, and payouts;
  • Is responsible for compliance with applicable child-labor, entertainment, education, and athletic association rules;
  • Is jointly and severally liable for the Minor's obligations under these Terms; and
  • Consents to PeakNIL's collection and processing of the Minor's information as described in our Privacy Policy.

12. Third-Party Services

The Service integrates with third parties (e.g., Stripe, DocuSeal, Ably, Shopify, Instagram, AWS, ngrok, identity verification providers). Your use of those services is subject to their terms. We are not responsible for third-party services, and their availability or behavior may change.

13. DMCA and Copyright

If you believe content on the Service infringes your copyright, send a notice under 17 U.S.C. § 512 to our designated agent at [dmca@peaknil.com], including: (a) identification of the work; (b) identification of the infringing material and its URL; (c) your contact information; (d) a good-faith statement; (e) a statement under penalty of perjury that you are authorized to act; and (f) your physical or electronic signature. We may remove allegedly infringing content and terminate repeat infringers.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.

PEAKNIL DOES NOT WARRANT THAT (i) ANY DEAL, CAMPAIGN, OR USER WILL MEET YOUR EXPECTATIONS; (ii) THE SERVICE WILL BE ERROR-FREE OR SECURE; OR (iii) ANY CONTENT IS ACCURATE OR RELIABLE. ANY DECISIONS YOU MAKE BASED ON THE SERVICE ARE AT YOUR OWN RISK.

Some jurisdictions do not allow certain disclaimers; in those jurisdictions, the foregoing applies to the maximum extent permitted by law.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  1. No Indirect Damages. PeakNIL, its affiliates, and its and their officers, directors, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, reputation, NIL opportunities, eligibility, or business — even if advised of the possibility.

  2. Liability Cap. Our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of (a) the total fees you paid to PeakNIL in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (USD $100).

  3. User-to-User Disputes. PeakNIL is not responsible for the acts or omissions of any user, the performance of any deal, the quality of deliverables, payment by a brand, or compliance by any party with NIL or other rules. Your sole recourse for such disputes is against the other user.

These limitations are essential elements of the bargain between you and PeakNIL.

16. Indemnification

You will defend, indemnify, and hold harmless PeakNIL and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) Your Content; (c) any deal, contract, campaign, or transaction you participate in; (d) your violation of these Terms or applicable law; (e) your violation of any third-party right, including NIL, publicity, privacy, intellectual property, or contract rights; or (f) tax obligations associated with your earnings.

17. Suspension and Termination

We may suspend or terminate your access to all or part of the Service at any time, with or without notice, including for suspected breach of these Terms, fraud, eligibility issues, legal risk, or extended inactivity. You may terminate your account at any time through your settings.

Upon termination: (i) your right to use the Service ends; (ii) outstanding obligations (including fees, taxes, and indemnities) survive; (iii) we may retain certain information as required by law or for legitimate business purposes; and (iv) Sections 2, 7, 9, 10, 14–22, and any others that by their nature should survive, will survive.

18. Modifications to the Service and Terms

We may change the Service at any time. We may also update these Terms; if we make material changes, we will provide notice (e.g., via email or in-product). Changes take effect on the date stated in the updated Terms. Continued use after the effective date constitutes acceptance.

19. Governing Law

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

20. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

20.1 Informal Resolution

Before filing a claim, you and PeakNIL agree to try to resolve the dispute informally for at least 60 days by sending written notice to [legal@peaknil.com] (for claims against PeakNIL) or to the address associated with your account (for claims by PeakNIL).

20.2 Binding Arbitration

Any dispute not resolved informally will be resolved by final and binding individual arbitration administered by [JAMS / AAA] under its then-current rules, before a single arbitrator, in [CITY, STATE] or by video, at your option. Judgment on the award may be entered in any court of competent jurisdiction.

20.3 Class-Action Waiver

You and PeakNIL agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

20.4 Exceptions

Either party may (a) bring an individual action in small-claims court for qualifying disputes, or (b) seek injunctive or equitable relief in court to protect intellectual-property rights.

20.5 30-Day Opt-Out

You may opt out of arbitration by sending written notice to [legal@peaknil.com] within 30 days of first accepting these Terms, including your name, account email, and a clear statement that you opt out.

21. International Users; Export

The Service is operated from the United States. If you access it from outside the U.S., you are responsible for compliance with local laws. You may not use the Service in violation of U.S. export-control or sanctions laws.

22. Miscellaneous

  • Entire Agreement. These Terms, the Privacy Policy, and any policies referenced in the Service constitute the entire agreement between you and PeakNIL regarding the Service.
  • No Waiver. Failure to enforce any provision is not a waiver.
  • Severability. If any provision is held unenforceable, the remainder will remain in effect.
  • Assignment. You may not assign these Terms without our consent; we may assign them freely (including in connection with a merger, acquisition, or sale of assets).
  • No Agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and PeakNIL.
  • Notices. We may send notices via email or in-product. You may send notices to [legal@peaknil.com].
  • Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
  • Headings. Section headings are for convenience only.

23. Contact

[PeakNIL, Technologies, Inc.] [ADDRESS] Email: [support@peaknil.com] · Legal: [legal@peaknil.com]