Terms and Conditions for One Peak Creative

Effective date: January 3, 2026

Welcome to One Peak Creative! These Terms and Conditions ("Terms") govern your use of our products, services, and platforms, including our software applications. By purchasing, accessing, or using our offerings, you agree to be bound by these Terms. Please read them carefully.

1. General Information

Business Location: One Peak Creative is based in Kelowna, British Columbia, Canada.

Service Regions: We provide services to clients worldwide.

Offerings: We offer:

  • Online courses and digital resources
  • Coaching services
  • Software applications including Format Finder ("the App")

These are designed for content creators, small business owners, entrepreneurs, marketing professionals, and others looking to grow their online presence.

2. Software Application Terms (Format Finder)

2.1 Description of Service

Format Finder is a software application that helps content creators analyze and improve their social media content performance. The App may include features such as:

  • Content format recommendations
  • Video performance analysis
  • Hook and script suggestions
  • Integration with third-party social media platforms

2.2 Account Registration

To use the App, you must:

  • Create an account with accurate, complete information
  • Be at least 18 years old or the age of majority in your jurisdiction
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized account access

You are responsible for all activity under your account.

2.3 Third-Party Platform Connections

The App allows you to connect third-party social media accounts (such as Instagram). By connecting these accounts, you:

  • Authorize us to access data from these platforms as described in our Privacy Policy
  • Confirm you have the authority to grant this access
  • Understand we will access your content and analytics data to provide our services
  • May disconnect your accounts at any time through the App settings

We access third-party platforms through their official APIs and comply with their terms of service. Your use of connected platforms remains subject to those platforms' own terms.

2.4 Subscription and Billing

Subscription Fees: The App is offered on a subscription basis. Current pricing is available on our website.

Billing Cycle: Subscriptions are billed monthly or annually, as selected at purchase.

Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date.

Cancellation: You may cancel your subscription at any time. Access continues until the end of your current billing period. No refunds are provided for partial billing periods.

Price Changes: We may change subscription prices with 30 days' notice. Continued use after a price change constitutes acceptance.

2.5 Acceptable Use

You agree NOT to:

  • Use the App for any unlawful purpose
  • Attempt to reverse engineer, decompile, or disassemble the App
  • Share your account credentials with others
  • Use automated systems to access the App (except as we expressly permit)
  • Interfere with or disrupt the App's functionality
  • Upload malicious code or content
  • Violate any third-party platform's terms of service through your use of the App

2.6 Service Availability

We strive to maintain reliable service but do not guarantee uninterrupted access. The App may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

3. Course and Coaching Terms

3.1 Client Engagement

Clients engage with our educational services through our platform, Kajabi, where online course content is accessed. Digital downloads are delivered immediately via email upon purchase.

3.2 Payment Options

  • Payment in full
  • Three monthly installment payments (20% higher total cost than the pay-in-full option)

We do not require deposits.

3.3 Scope of Work

Included: Group coaching, digital downloads, and access to online courses.

Exclusions: Any services or products not explicitly mentioned are not included.

4. Payment Terms

Payment Processing: Payments are processed through Stripe and/or Kajabi. By making a purchase, you agree to their respective terms of service.

Late Payments: No penalties are currently applied for late payments on installment plans.

Failed Payments: If a payment fails, we may suspend access until payment is received.

5. Cancellations and Refunds

5.1 Software Subscriptions (Format Finder)

You may cancel your subscription at any time. No refunds are provided for:

  • Partial billing periods
  • Unused time on monthly subscriptions

For annual subscriptions, contact [email protected] within 14 days of purchase for a prorated refund consideration.

5.2 Courses and Coaching

Find Your Peak Insiders Coaching Program and Content Creator Academy: 30-day satisfaction guarantee. Refunds are issued if you participate fully for 30 days and are not satisfied.

TikTok and Reels Creator Course, The Art of Hooks, Comfy on Cam, Peak Bot: 100% money-back guarantee if the promised outcomes (e.g., 1,000,000 views and $1,000 in brand deals) are not achieved after completing the course.

Video Ads Academy: 30-day satisfaction guarantee, contingent on 100% course completion within this timeframe.

5.3 Refund Requests

Refunds must be requested within the specified timeframes. Contact [email protected].

6. Intellectual Property

Ownership: All materials, software, content, and brandingā€”paid or freeā€”are the sole property of One Peak Creative and are protected under the Copyright Act of Canada and international copyright laws.

Software License: For our software applications, you receive a limited, non-transferable, non-exclusive, revocable license to use the App for your personal or internal business purposes only during your active subscription.

Content License: For courses and digital products, you receive a limited, non-transferable, non-exclusive, revocable license for personal use only.

Restrictions: You may not:

  • Reproduce, distribute, or resell any of our content or software
  • Modify, adapt, or create derivative works
  • Remove any copyright or proprietary notices
  • Use our intellectual property for commercial purposes without written permission

Permission Requests: Email [email protected] for any usage beyond personal purposes.

Enforcement: Violations may result in legal action under Canadian and international copyright law. By accessing our content, you consent to jurisdiction in the courts of Kelowna, BC, Canada.

7. User Content and Data

7.1 Your Content

You retain ownership of content you create or upload. By using our services, you grant us a limited license to process your content as necessary to provide our services.

7.2 Analytics and Insights

When you connect third-party accounts, we access analytics and content data to provide insights and recommendations. See our Privacy Policy for details on data handling.

7.3 Feedback

Any feedback, suggestions, or ideas you provide may be used by us without obligation to you.

8. Confidentiality

You have no right to confidentiality unless explicitly agreed upon in a client agreement or as required by Canadian law.

9. Disclaimers and Limitation of Liability

9.1 Service Provided "As Is"

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

9.2 No Guarantee of Results

We do not guarantee any specific results from using our software or educational services. Results depend on many factors outside our control.

9.3 Third-Party Platforms

We are not responsible for:

  • Changes to third-party platform APIs or terms
  • Data accuracy from third-party platforms
  • Service interruptions caused by third-party platforms
  • Actions taken by third-party platforms regarding your accounts

9.4 Limitation of Liability

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE, APP, OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR APP OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) $100.00 CAD.

9.5 Essential Basis

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS FOR OUR ABILITY TO MAKE OFFERINGS AVAILABLE TO YOU.

YOU AGREE THAT ANY CAUSE OF ACTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

These limitations are subject to applicable Canadian laws, including the Business Practices and Consumer Protection Act (BPCPA) in British Columbia.

10. Client Responsibilities

You are responsible for:

  • Providing accurate account information
  • Maintaining the security of your account credentials
  • Complying with third-party platform terms when connecting accounts
  • Completing courses or assignments to benefit fully from educational services
  • Using our services in compliance with applicable laws

11. Termination

11.1 By You

You may terminate your account at any time by cancelling your subscription and contacting support.

11.2 By Us

We may suspend or terminate your access if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activity
  • Abuse our services or other users
  • Fail to pay applicable fees

11.3 Effect of Termination

Upon termination:

  • Your license to use our software and content ends immediately
  • We may delete your account data after a reasonable retention period
  • You remain responsible for any fees incurred before termination

12. Dispute Resolution

Governing Law: These Terms are governed by the laws of British Columbia, Canada.

Informal Resolution: Before filing any formal dispute, you agree to contact us and attempt to resolve the issue informally for at least 30 days.

Mediation: Unresolved disputes will first be addressed through mediation.

Jurisdiction: If mediation fails, disputes will be handled by the courts of Kelowna, BC, Canada.

13. Other Provisions

Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and One Peak Creative.

Severability: If any provision is found unenforceable, the remaining provisions continue in effect.

No Waiver: Our failure to enforce any provision does not waive our right to enforce it later.

Assignment: You may not assign your rights under these Terms. We may assign our rights without restriction.

Affiliate Links: This site uses affiliate links to recommend products and services. By purchasing through these links, you accept liability for your decision.

Force Majeure: We are not liable for delays or failures caused by events beyond our control, including natural disasters, governmental actions, third-party platform changes, or system outages.

Modifications: We may update these Terms at any time. Material changes will be communicated via email or through our platforms. Continued use after changes constitutes acceptance.

14. Contact Information

For questions or concerns about these Terms:

Email: [email protected]

Mailing Address: One Peak Creative Kelowna, British Columbia Canada

Last Updated: January 3, 2026