These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and PeakShift Inc. ("PeakShift", "we", "us", "our"), a corporation incorporated in Ontario, Canada. By accessing or using our website at peakshift.ca, our homeowner energy dashboard, our Installer Pro Dashboard, our public API, or any associated service (collectively, the "Platform"), you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Platform. If you are using the Platform on behalf of an organization (such as a solar installation company), you represent that you have the authority to bind that organization to these Terms.
2. Platform Description
PeakShift is an Ontario-based energy data intelligence platform. It offers the following distinct products, each subject to these Terms:
- Homeowner Energy Dashboard (Free): A self-service dashboard for Ontario homeowners to connect their utility account, visualize 12 months of hourly energy usage, and receive personalized TOU optimization, appliance impact, and solar feasibility recommendations. Currently provided free of charge during the platform's Beta period.
- Installer Pro Dashboard (Paid Subscription): A B2B SaaS product for certified solar and battery storage installers. Includes CRM-style lead management, homeowner data request (Magic Link) tools, PDF proposal generation, analytics, and billing management. Requires an active paid subscription (or active Pilot tier).
- Platform API: A REST API enabling third-party platforms and utilities to integrate PeakShift's Green Button data infrastructure and energy analytics capabilities into their own products.
Beta Status: PeakShift is currently in public beta. Some features may evolve, be modified, or be temporarily unavailable. We will provide advance notice of significant changes that affect active paid subscribers.
3. Eligibility
To use the Platform, you must:
- Be at least 18 years of age.
- Have a valid email address.
- For homeowner features: hold or be authorized by the holder of an active electricity account with one of the six supported Ontario utilities (Toronto Hydro, Alectra Utilities, Hydro Ottawa, Hydro One, London Hydro, or Elexicon Energy).
- For installer features: operate a legitimate solar or clean energy installation business within Ontario, Canada.
- Not be previously suspended or banned from PeakShift for a violation of these Terms.
4. Homeowner Accounts & Responsibilities
4.1 Account Registration
Homeowners may create an account using an email and password or via Google OAuth. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at contact@peakshift.ca if you suspect unauthorized access.
4.2 Utility Connection Authorization
When you connect a utility account via Green Button OAuth, you are granting PeakShift read-only access to your energy usage and billing data. You represent and warrant that:
- You are the account holder or are authorized by the account holder to grant this access.
- You understand that revoking this access at any time will stop future data retrieval.
- You will not attempt to access utility data for accounts that are not yours or for which you lack authorization.
4.3 Accuracy of Profile Information
You agree to provide accurate home profile information (address, size, heating type, etc.) as this information directly affects the accuracy of savings estimates and solar sizing calculations. PeakShift is not responsible for inaccurate results arising from incorrect profile data.
4.4 Homeowner Service — Free During Beta
The homeowner dashboard is currently provided free of charge during the beta period. PeakShift reserves the right to introduce pricing for homeowner features in the future with at least 60 days' advance notice to existing users.
4.5 Sharing Data with Installers
You may receive Magic Link invitations from licensed installers. You are under no obligation to grant access. When you do grant access, you acknowledge that the installer becomes an independent data controller of the summary data they receive (see Section 10). PeakShift does not control how installers use data shared with their permission.
5. Installer Pro Dashboard — Account Terms
5.1 Account Eligibility
Installer accounts are restricted to solar and battery storage installation businesses operating in Ontario. By creating an installer account, you represent that your organization holds all required licenses and certifications to legally perform electrical work in Ontario.
5.2 Organization & Team Structure
Each installer subscribes at the organization level. The primary account holder is the organization admin. Under the Pro plan, up to 5 user seats may be added to a single organization. Additional seats beyond the plan limit may require an Enterprise tier.
5.3 Data Pull Quotas
Each plan tier includes a monthly limit on "data pulls" — the number of homeowner energy dataset retrievals you may initiate per calendar month:
- Pilot (Free): 10 data pulls over the 30-day pilot period. No renewal.
- Starter ($199 CAD/mo or $149 CAD/mo billed annually): 30 data pulls per billing month.
- Pro ($299 CAD/mo or $249 CAD/mo billed annually): 75 data pulls per billing month.
- Pay-per-Pull ($25 CAD per pull): No monthly cap. Billed per data pull consumed, invoiced at the end of each monthly period.
- Enterprise: Custom quota, negotiated by agreement.
Unused data pulls do not roll over to the following month. Quotas reset at the start of each new billing cycle. PeakShift enforces quotas atomically at the database level via a increment_pulls_if_allowed function to prevent over-consumption due to race conditions.
5.4 Confidentiality of Homeowner Data
All homeowner data accessed via the Platform is strictly confidential. You agree to:
- Use homeowner data solely for the purpose of generating and presenting a legitimate solar or battery storage proposal to that specific homeowner.
- Not resell, share, export in bulk, or use homeowner data for any marketing, profiling, list-building, or commercial purpose beyond direct proposal delivery.
- Implement appropriate internal controls to prevent unauthorized access to the data by employees not involved in the specific proposal.
- Promptly delete homeowner data from your own systems if the homeowner requests removal.
5.5 Proposal Quality & Installer Conduct
PeakShift provides data infrastructure; installers are responsible for the accuracy, legality, and professionalism of the proposals they generate. You agree that all proposals will include accurate system specifications, warranty information, and pricing, and that you will not use PeakShift's platform to generate misleading or deceptive proposals. PeakShift reserves the right to suspend installer accounts that receive sustained homeowner complaints or that appear to misuse homeowner data.
6. Billing & Subscriptions
6.1 Payment Processing
All installer subscription payments are processed by Stripe, Inc., a PCI DSS Level 1 compliant payment processor. Your credit card information is entered directly into Stripe's secure hosted checkout page. PeakShift does not store, see, or have access to your raw card number, CVV, or bank account details.
6.2 Subscription Activation
Your subscription becomes active immediately upon successful completion of the Stripe checkout process. If a free trial is applicable, your subscription enters the "trialing" status and your card will not be charged until the trial period ends (see Section 7).
6.3 Recurring Billing
Subscriptions are billed on a recurring basis (monthly or annually, depending on your selected interval) via the automated renewal system managed by Stripe. Your billing date is set to the same day of the month/year as your original subscription start date. You authorize PeakShift and Stripe to charge your payment method on each renewal date.
6.4 Taxes
All published prices are exclusive of applicable taxes. PeakShift uses Stripe Tax to automatically calculate and apply Canadian sales taxes at checkout. For Ontario-registered businesses, 13% Harmonized Sales Tax (HST) is applied to subscription charges. Your HST number (if applicable) may be entered in the Stripe billing portal. All invoices are issued in CAD and include itemized tax amounts.
6.5 Annual Billing Discount
Subscribing on an annual billing interval provides a discount versus monthly billing: Starter annual is $149 CAD/mo (billed as $1,788 CAD/year), saving $600 CAD versus monthly. Pro annual is $249 CAD/mo (billed as $2,988 CAD/year), saving $600 CAD versus monthly. Annual subscriptions are billed in full at the start of each annual period and are subject to the refund terms in Section 8.
6.6 Failed Payments
If a payment fails (e.g., expired card, insufficient funds), Stripe will retry the charge up to 3 times over 7 days following its smart retry schedule. During this period, your subscription status will be set to Past Due and your ability to initiate new data pulls will be suspended. You will receive email notifications at each retry attempt. If all retries fail, your subscription will be cancelled and your account reverted to the Pilot tier (10 pull limit). You can resubscribe at any time by providing a valid payment method.
6.7 Plan Changes
You may upgrade your plan at any time via the Billing dashboard. Upgrades take effect immediately and you are charged a prorated amount for the remainder of your current billing period. Downgrades take effect at the end of the current billing period; you continue to have access to your current plan's features until then.
6.8 Cancellation
You may cancel your subscription at any time via the Stripe Billing Portal, accessible from your Pro Dashboard at Pro → Billing → Manage Billing. Upon cancellation, your subscription will not renew at the next billing date. You retain full access to your current plan's features until the end of the current paid period. After that date, your account is downgraded to the Pilot tier.
7. Free Trials
7.1 Pilot Tier (Installer)
All new installer organizations are automatically granted a 30-day Pilot period with a limit of 10 data pulls. The Pilot tier is completely free of charge — no credit card is required to activate or use it. The Pilot tier includes:
- 10 verified Green Button data pulls from any of the 6 supported Ontario utilities.
- 12-month historical energy data access per pull.
- PDF proposal export capability.
- Full access to the lead management CRM, analytics, and notification features.
At the end of the 30-day Pilot period, or when the 10-pull limit is reached (whichever comes first), you must subscribe to a paid plan to continue creating new data pull requests. Existing leads and proposals remain accessible.
7.2 Starter & Pro 14-Day Free Trial
When subscribing to the Starter or Pro plan for the first time, a 14-day free trial is automatically applied to your subscription. During the trial:
- Your subscription enters the "trialing" status.
- A valid credit card is required at checkout to save a payment method. Your card will not be charged during the trial period. This requirement ensures that the trial-end invoice can be processed automatically and is required by Stripe to maintain trial integrity.
- You have immediate access to all features included in your selected plan.
- Your data pull quota (30 for Starter, 75 for Pro) is fully available during the trial.
- You will receive an email notification approximately 3 days before your trial ends.
If you cancel before the trial ends, your subscription is cancelled immediately and you will not be charged. If you do not cancel, your payment method is automatically charged at the standard monthly or annual rate on the day the trial expires.
7.3 Trial Limitations
- Free trials are available once per organization, for one plan tier at a time.
- If you downgrade or cancel and later re-subscribe, a second free trial will not be granted.
- PeakShift reserves the right to modify or discontinue free trial offers at any time for new sign-ups, with no effect on active trials already in progress.
8. Refund Policy
Summary: We offer a 7-day money-back guarantee on your first monthly payment for Starter and Pro plans. Annual subscriptions are refundable pro-rata within 30 days of the annual billing date. Pay-per-pull charges are non-refundable once data has been retrieved.
8.1 Monthly Subscriptions — 7-Day Guarantee
If you are dissatisfied with the Starter or Pro monthly plan after your trial ends and your first payment is charged, you may request a full refund of that payment within 7 calendar days of the charge date. To request a refund, email contact@peakshift.ca with:
- Your organization name and the email address on the account.
- The reason for your refund request.
Refunds are processed within 5–10 business days and returned to the original payment method. After the 7-day window, monthly subscription payments are non-refundable, as you retain access to the service for the full paid period. You may cancel at any time to prevent future charges.
8.2 Annual Subscriptions — Pro-Rata Refund (30-Day Window)
For annual subscriptions, you may request a partial refund within 30 calendar days of your annual billing date. The refund amount will be calculated as the number of unused whole months remaining in the annual period, multiplied by the equivalent monthly rate, minus a 10% administrative processing fee.
Example: If you paid $1,788 CAD for a Starter annual plan and request a refund after 45 days (approximately 10.5 months remaining), the refund would be: 10 months × $149 CAD = $1,490 CAD, minus 10% fee = $1,341 CAD.
After the 30-day window, annual subscriptions are non-refundable. You retain access until the end of the annual period.
8.3 Pay-per-Pull — Non-Refundable
Pay-per-pull charges ($25 CAD per pull) are non-refundable once a data pull request has been initiated and confirmed, regardless of whether the homeowner's utility data was available at the time of the pull. This is because the API call to the utility is made and the pull quota is consumed upon request initiation.
However, if a data pull fails due to a documented bug or error on PeakShift's infrastructure (not due to a utility outage or homeowner consent expiry), we will issue a credit equal to the failed pull's cost toward your next billing cycle. Please contact support within 7 days of the failed pull.
8.4 Service Credit for Utility Outages
Utility portal outages and scheduled maintenance are outside PeakShift's control. We do not issue refunds for inability to complete data pulls during documented utility outages. However, if a utility outage prevents data pulls for more than 72 consecutive hours and you have an active monthly subscription, you may request a pro-rata service credit for the affected days by contacting support. Credits are applied to future invoices and are not redeemable as cash.
8.5 Pilot Tier — Non-Applicable
The Pilot tier is free of charge; no refunds are applicable to a $0 tier.
8.6 Exceptions
PeakShift reserves the right to deny refund requests where there is evidence of Terms of Service violations, misuse of the platform, or abuse of the refund policy (e.g., subscribe → refund → resubscribe cycles). In cases of suspected fraud, we may suspend the account pending investigation.
9. Utility Data, Green Button, and Certification
9.1 Certified Utility Partners
PeakShift is a certified Green Button data intermediary, authorized to receive data from the following Ontario utilities:
- Toronto Hydro — torontohydro.com
- Alectra Utilities — alectra.com
- Hydro Ottawa — hydroottawa.com
- Hydro One — hydroone.com
- London Hydro — londonhydro.com
- Elexicon Energy — elexiconenergy.com
9.2 Utility Data Availability
The availability and completeness of utility data retrieved via Green Button OAuth depends on the infrastructure of each utility's data portal. PeakShift does not guarantee that:
- A utility's data portal will be available at all times.
- Historical data will extend to the full 12-month period for all accounts.
- Interval data granularity will be uniform across all utilities or all accounts.
PeakShift publishes the current status of each utility integration at peakshift.ca/status. Utility maintenance windows and outages are outside PeakShift's control and do not entitle users to refunds except as described in Section 8.4.
9.3 Data Compliance
PeakShift processes utility data in compliance with:
- Ontario Energy Board (OEB) data privacy standards for licensed data custodians.
- Green Button Alliance data handling and certification requirements.
- Canada's PIPEDA for all personal information handling.
- Ontario's Electricity Act, 1998 and Energy Consumer Protection Act, 2010.
10. Magic Link Data Requests & Consent
10.1 Installer Obligations
When using the Magic Link data request feature, installers agree to:
- Send Magic Link requests only to homeowners who have expressed genuine interest in solar or battery storage proposals and with whom you have a pre-existing or prospective commercial relationship.
- Not use Magic Links for cold outreach, unsolicited mass email campaigns, or any purpose other than legitimate proposal generation.
- Not share, resell, or distribute Magic Link URLs to third parties.
- Ensure that the homeowner receiving the Magic Link clearly understands what data will be shared and with whom, before clicking the link.
10.2 Homeowner Consent Rights
Homeowners who receive a Magic Link retain the right to:
- Decline to click the link. There is no obligation to share data, and declining has no adverse consequences.
- Review the scope of data to be shared before granting consent.
- Revoke previously granted access from their PeakShift Settings page at any time.
10.3 One Pull Per Request
Each Magic Link request and homeowner consent event consumes exactly one data pull from the installer's monthly quota. If a homeowner completes the consent flow but their utility data is unavailable due to a utility outage at that moment, the pull is still consumed (the consent and request were processed). PeakShift will retry the data retrieval automatically and notify the installer when data becomes available.
11. Proposals, Estimates, and Disclaimers
11.1 Nature of Estimates
All energy savings estimates, solar system sizing recommendations, financial return projections, and payback period calculations provided by PeakShift are estimates only based on historical data and modeled assumptions. Actual results will vary based on:
- Weather conditions, seasonal variations, and climate change effects on solar generation.
- Changes to Ontario Time-of-Use rates, net metering policies, or Global Adjustment charges.
- Actual performance of installed equipment versus manufacturer specifications.
- Household behavioral changes and occupancy patterns.
- Shading, roof orientation, and physical installation quality factors.
- Changes in electricity demand or tariff structures.
PeakShift does not guarantee any specific level of energy savings, financial return, or payback period. Users and installers should treat all estimates as informational starting points and commission independent engineering assessments for major investment decisions.
11.2 Installer Responsibility for Proposals
Proposals generated using PeakShift's data and template system are delivered as tools for the installer's use. The installer is solely responsible for:
- Reviewing and verifying all data points included in a generated proposal before presenting it to a homeowner.
- Ensuring that the proposal complies with all applicable laws, regulations, and professional standards.
- Accurately representing pricing, equipment specifications, warranty terms, and projected performance.
Any installation contract entered into between a homeowner and an installer is strictly between those two parties. PeakShift is not a party to installation agreements and assumes no liability for the quality, cost, safety, or performance of any installed system.
11.3 No Professional Engineering Advice
Nothing on the PeakShift Platform constitutes professional engineering, legal, tax, or financial advice. Solar AI Chat responses are AI-generated and should not be relied upon as professional recommendations. Always consult a licensed professional engineer (P.Eng.), registered electrician, or qualified energy advisor before making major home energy upgrades.
12. API & Developer Terms
Access to the PeakShift REST API (available under Platform tier agreements) is subject to the following:
- API Key Security: API keys are issued per organization and are confidential credentials. You are responsible for storing API keys securely (e.g., in environment variables, not hard-coded in client-side code). Report compromised keys to contact@peakshift.ca immediately for rotation.
- Rate Limits: API endpoints are rate-limited. Exceeding limits will result in 429 (Too Many Requests) responses. Deliberate circumvention of rate limits (including distributing load across multiple API keys) is a material breach of these Terms and will result in immediate API access termination.
- No Scraping: You may not use automated tools, bots, or scripts to systematically extract, scrape, or harvest data outside of authorized API endpoints. Scraping constitutes unauthorized access.
- Permitted Use Only: API data must be used solely for the purpose disclosed in your API access agreement. It may not be resold, sublicensed, or used to build a competing Green Button data aggregation service.
- Attribution: Applications displaying PeakShift data must include appropriate attribution such as "Data powered by PeakShift" in user-facing interfaces unless a white-label enterprise agreement is in effect.
- Webhooks: If you receive webhook events from PeakShift, you must verify the HMAC-SHA256 signature on each event before processing. PeakShift is not liable for actions taken on unverified webhook payloads.
- Uptime SLA: API uptime targets (99.5% for Growth tier) are calculated monthly excluding scheduled maintenance windows announced via the Status Page. SLA remedies are limited to service credits as defined in your platform agreement.
13. Acceptable Use Policy
You agree not to use the Platform to:
- Violate any applicable law, regulation, or Ontario Energy Board directive.
- Access utility accounts or energy data for which you lack authorization from the account holder.
- Send unsolicited Magic Link requests (spam) to homeowners with whom you have no prior relationship or expressed interest.
- Attempt to bypass or defeat security controls, authentication requirements, row-level security policies, or data pull quotas.
- Reverse-engineer, decompile, or attempt to derive the source code of the Platform.
- Use the Platform to infringe upon the intellectual property, privacy, or rights of any third party.
- Introduce malware, viruses, or any code that interferes with the Platform's operation.
- Impersonate PeakShift, another user, or any entity.
- Use the homeowner dashboard to collect data on behalf of a commercial third party without proper disclosure to the homeowner.
Violation of this Acceptable Use Policy may result in immediate account suspension, termination, and, where applicable, civil or criminal legal action.
14. Intellectual Property
All software, algorithms, UI designs, data models, API schemas, documentation, trademarks, and branding elements (the "PeakShift IP") are the exclusive intellectual property of PeakShift Inc. These Terms do not grant you any ownership rights in PeakShift IP.
You retain ownership of: (a) your own account information and property profile data, and (b) any energy data you authorize us to retrieve on your behalf from your utility. You grant PeakShift a limited, non-exclusive license to process, store, and analyze your energy data solely to provide the Platform services described herein.
Proposals generated using PeakShift's template system are the property of the installer organization that generated them, subject to the data licensing described above.
15. Service Availability, Maintenance & SLAs
15.1 Uptime Targets
- Homeowner Dashboard & Installer Pro: Best-effort availability during the Beta period. No formal SLA applies.
- Installer Pro Plan: 99.5% monthly uptime target for core platform features, excluding scheduled maintenance.
- Platform API — Growth Tier: 99.5% monthly uptime SLA, with service credits for failures below target.
- Platform API — Enterprise Tier: Custom SLA as defined in your Enterprise Agreement.
15.2 Scheduled Maintenance
PeakShift may perform scheduled maintenance requiring brief service interruptions. We will provide at least 24 hours' advance notice for scheduled downtime via the Status Page and, for paid subscribers, via email notification. Scheduled maintenance windows are excluded from SLA uptime calculations.
15.3 Utility-Side Disruptions
PeakShift's data retrieval capabilities depend on each utility's Green Button data portal. Utility outages, maintenance windows, API changes, or certification lapses may temporarily affect our ability to retrieve data. Such disruptions are outside PeakShift's control and are not considered PeakShift service outages for SLA purposes. We will post known utility disruptions at peakshift.ca/status.
16. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION.
PeakShift does not warrant that: (a) the Platform will always be available, uninterrupted, timely, secure, or error-free; (b) data retrieved from utilities will be complete, accurate, or current; (c) any energy savings estimates or recommendations will be accurate or achievable in practice; or (d) defects in the Platform will be corrected.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY ONTARIO LAW, IN NO EVENT SHALL PEAKSHIFT INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
- LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS;
- DAMAGES ARISING FROM RELIANCE ON ENERGY SAVINGS ESTIMATES OR SOLAR SIZING RECOMMENDATIONS;
- DAMAGES ARISING FROM UTILITY DATA OUTAGES, INCOMPLETE DATA, OR MISSED DATA PULL WINDOWS;
- DAMAGES ARISING FROM ACTIONS OR OMISSIONS OF THIRD-PARTY INSTALLERS WHO RECEIVE HOMEOWNER DATA.
IN ALL CASES, PEAKSHIFT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF:
- $500 CAD, or
- The total amount paid by you to PeakShift in the 12 months preceding the claim.
If the Platform was provided to you free of charge and you are a homeowner, PeakShift's total liability is limited to $100 CAD.
Nothing in this Section limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded under applicable Canadian law.
18. Termination & Suspension
18.1 By PeakShift
PeakShift reserves the right to immediately suspend or terminate your access to the Platform, without prior notice and without liability, if:
- You materially breach these Terms or our Privacy Policy.
- Your use of the Platform violates applicable law or harms other users.
- Your account is associated with fraudulent activity or identity theft.
- You use installer features to engage in spamming, harassment, or deceptive trade practices toward homeowners.
- Your API usage materially degrades the performance of the Platform for other users.
Where feasible and appropriate, we will provide advance notice and an opportunity to cure before terminating. In cases of severe misconduct, immediate termination without notice may be warranted.
18.2 By You
You may terminate your account at any time by cancelling your subscription (if applicable) and deleting your account via the Settings page, or by emailing contact@peakshift.ca. Termination by you does not entitle you to a refund outside the windows specified in Section 8.
18.3 Effect of Termination
Upon termination, your right to access and use the Platform ceases immediately (or at end of the paid billing period for subscriber-initiated cancellations). Sections 11.1, 14, 16, 17, and 19 of these Terms shall survive termination.
19. Governing Law & Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts of law provisions.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved as follows:
- Good Faith Negotiation: Both parties agree to first attempt to resolve any dispute through good-faith negotiations. Please contact us at contact@peakshift.ca describing your concern. We will respond within 10 business days.
- Litigation: If negotiation fails, either party may bring legal proceedings in the courts located in Toronto, Ontario. Both parties consent to the exclusive jurisdiction of these courts.
- No Class Actions: To the extent permitted by Ontario law, all claims must be brought in the party's individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Consumer protection laws in Ontario may grant you additional rights that cannot be waived by agreement, including rights under the Consumer Protection Act, 2002. Nothing in these Terms limits rights you have under applicable mandatory consumer protection legislation.
20. Changes to These Terms
PeakShift may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will:
- Update the "Last Updated" date at the top of this page.
- Display a prominent in-app notification for at least 30 days.
- For active paid subscribers, send email notification at least 14 days before the changes take effect.
Your continued use of the Platform after the effective date of updated Terms constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Platform and cancel your subscription before the effective date.
21. Contact Information
For any questions about these Terms of Service, billing inquiries, refund requests, or account support, please contact us:
- Email: contact@peakshift.ca
- Website: peakshift.ca/contact
- Response Time: Within 2 business days for billing issues; within 5 business days for general inquiries.
- Jurisdiction: PeakShift Inc., Ontario, Canada