These Terms of Service ("Terms") are a binding agreement between you and Broadway Perfection LLC ("Peak XI," "we," "us," or "our") governing your use of the Peak XI mobile application and the website at peakxiacademy.com (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
1. Eligibility and age requirements
Peak XI involves physical training and is built for serious athletes, including teenagers. To protect younger users, access depends on your age:
- Under 13: You may not use Peak XI. The Service is not offered to children under 13.
- Ages 13 to 15: You may use Peak XI only with the verified consent of your parent or legal guardian. By using the Service in this age range, you confirm that a parent or guardian has reviewed and agreed to these Terms on your behalf and consents to your use.
- Ages 16 and older: You may use Peak XI on your own behalf.
By using the Service, you represent that you meet these requirements and that the age information you provide is accurate. If you are a parent or guardian consenting to a minor's use, you agree to these Terms on their behalf and are responsible for their use of the Service.
2. Your account
You are responsible for the information you provide and for keeping your login credentials secure. You are responsible for activity that occurs under your account. Notify us promptly at privacy@peakxiacademy.com if you believe your account has been accessed without authorization. You may delete your account at any time from the Profile screen in the app; deletion is permanent and erases your associated data as described in our Privacy Policy.
3. Health, fitness, and nutrition disclaimer — please read carefully
Peak XI provides general training and nutrition information for educational and informational purposes. It is not medical advice, and we are not your doctor, physician, dietitian, or healthcare provider.
- Consult a professional first. Before starting any training program, drill, or nutrition plan offered through the Service, you should consult a qualified physician or healthcare professional, especially if you are under 18, have any medical condition or injury, are pregnant, or have any concern about your ability to exercise safely.
- Train within your limits. Physical training carries inherent risks, including the risk of injury. You participate voluntarily and assume those risks to the fullest extent permitted by law. Stop immediately and seek medical attention if you experience pain, dizziness, shortness of breath, or any other warning sign.
- For minors: training should be undertaken with appropriate adult supervision and within the guidance of the user's parent, guardian, coach, or healthcare provider.
- Nutrition and allergies. Nutrition guidance and meal suggestions are general and may not suit your individual needs. You are responsible for reviewing ingredients and allergen information for any food you prepare or eat. The Service's allergen flags are a convenience, not a guarantee; never rely on the app alone to avoid a food you are allergic to. Consult a medical professional for any dietary condition.
To the fullest extent permitted by law, you agree that Peak XI is not liable for any injury, health consequence, or loss resulting from your use of the training or nutrition information in the Service.
4. License to use the Service
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own, non-commercial training. You may not copy, modify, distribute, sell, reverse-engineer, scrape, or create derivative works from the Service or its content, except as permitted by law.
5. Acceptable use
You agree not to:
- use the Service in violation of any law or these Terms;
- access another user's account or data, or attempt to defeat the Service's security or access controls;
- interfere with, disrupt, or overload the Service or its infrastructure;
- use automated means to access the Service except as we expressly permit;
- misrepresent your age or your authority to consent on a minor's behalf; or
- use the Service to harm others.
We may suspend or terminate accounts that violate these Terms.
6. Subscriptions and payments
The current version of Peak XI is offered free of charge. If we introduce paid features or subscriptions ("Pro") in the future:
- pricing, billing intervals, and what each plan includes will be presented to you before you purchase;
- purchases made through the Apple App Store are billed and managed by Apple under Apple's terms, including its rules for auto-renewing subscriptions and refunds, which you can manage or cancel through your App Store account settings;
- any purchases we process directly will be handled by our third-party payment provider, and additional payment terms will apply at the point of purchase.
7. Intellectual property
The Service, including its training content, drills, programs, text, graphics, design, and software, is owned by Broadway Perfection LLC or its licensors and is protected by intellectual-property laws. These Terms do not transfer any ownership to you. "Peak XI" and related marks are ours; you may not use them without our prior written permission.
8. Third-party services
The Service relies on third-party providers (for example, hosting, authentication, email, AI, and the App Store) and may link to or interoperate with third-party services. We are not responsible for third-party services or their content, and your use of them is governed by their own terms and privacy policies.
9. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Sections that by their nature should survive termination — including the health disclaimer, intellectual property, disclaimers, limitation of liability, and governing law — will survive.
10. Disclaimers
Except where prohibited by law, the Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any training or nutrition outcome will be achieved.
11. Limitation of liability
To the fullest extent permitted by applicable law:
- Broadway Perfection LLC and its owners, employees, and providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of data, profits, goodwill, or other intangible losses, arising from or related to your use of (or inability to use) the Service.
- Our total cumulative liability for any and all claims relating to the Service will not exceed the greater of the total amount you paid us for the Service in the twelve months before the event giving rise to the claim, or USD 100.
These limitations apply regardless of the legal theory on which a claim is based and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in those cases, our liability is limited to the smallest amount permitted by law. Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law.
12. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Broadway Perfection LLC from claims, damages, and expenses (including reasonable legal fees) arising from your misuse of the Service or your violation of these Terms or applicable law.
13. Governing law and disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. You agree that any dispute arising from or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in New York, New York, and you consent to the personal jurisdiction of those courts, except where applicable law gives you the right to bring a claim elsewhere.
14. Apple App Store additional terms
If you download Peak XI from the Apple App Store, the following also apply:
- These Terms are between you and Broadway Perfection LLC only, not with Apple. Apple is not responsible for the Service or its content.
- Apple has no obligation to provide maintenance or support for the Service.
- If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
- Apple is not responsible for addressing any claims relating to the Service, including product-liability, legal/regulatory, or consumer-protection claims.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
15. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, notify you in the app or by email. Your continued use of the Service after an update means you accept the revised Terms.
16. Contact us
Broadway Perfection LLC privacy@peakxiacademy.com 2150 Broadway, New York, New York 10023