Peaking

Last updated: April 23, 2025

‍Welcome to Peaking a sales automation and communication platform based on artificial intelligence. The following terms and conditions (the “Terms”) govern the access and use of our services offered through our website and associated platforms (the “Website”). By accessing or using the Website, you agree to comply with these Terms. If you do not agree with them, you should not use our services.

‍1. Peaking definitions:
It refers to the company that provides sales automation and customer service services using artificial intelligence.User: Natural or legal person who accesses the Website and uses Peaking services.Services: All services provided by Peaking, including, but not limited to, sales automation, lead generation, chatbots, platform integration, and more.Web site: The Peaking website, accessible from www.peaking.ai.

‍2. Acceptance of the Terms
‍By accessing or using the Website, you accept these Terms, which are considered to be a binding agreement between you and Peaking. If you do not accept these Terms, you must refrain from using the Website and services related to Peaking

‍3. Amendments to the Terms
‍Peaking reserves the right to modify these Terms at any time, without prior notice, by posting the modified version on the Website. The changes will take effect as soon as they are posted. It is your responsibility to review these Terms regularly to be informed of any changes.

‍4. Use of the Website and ServicesAccess:
You may access the Website only for legitimate purposes and in accordance with these Terms.
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‍Authorized Use: Peaking grants the User a limited, non-exclusive, non-transferable and revocable license to access and use the Website and Services in accordance with these Terms.
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‍Restrictions: The User may not: Use the Website for illegal or fraudulent activities. Modify, adapt, translate, create derivative works or reverse engineer the Services.Upload content that infringes intellectual property rights or is defamatory, obscene or illegal. Distribute viruses or other malicious programs.

‍5. Registration and User Accounts
‍To access certain Services, you may be required to create a user account. By doing so, you agree to provide true, accurate and complete information, and to maintain the confidentiality of your access credentials. It is your responsibility to maintain the security of your account and to notify Peaking of any unauthorized use of your account.

‍6. Intellectual Property
Peaking Property Rights: All intellectual property rights related to the Website and Services, including but not limited to, copyrights, trademarks, patents and trade secrets, are the exclusive property of Peaking or from their business partners.

‍Limited License: You are granted a limited license to use the Services, but you are not granted rights to the underlying Peaking content or technology, except as expressly stated in these Terms.

‍7. Payments and Billing
Prices: The prices of the services are available in your business proposal and may change at any time. You will be notified of any changes before additional charges are made.
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‍Payment methods: Payment for the Services can be made using available payment methods, such as credit cards, debit cards, or other electronic methods.
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‍Billing: Peaking will issue an invoice for the Services used, and the User undertakes to pay according to the terms agreed upon at the time of contracting the service.

‍8. Privacy and Data Protection Policy
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Data Collection: Peaking collects and processes personal data in accordance with our Privacy Policy, which is available on the Website.
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‍Use of data: User data will be used to provide the Services, personalize the experience and comply with Peaking's legal obligations.
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‍Data Protection: Peaking is committed to protecting the User's personal data using appropriate technical and organizational security measures. However, the User recognizes that no data transmission system is completely secure.


‍9. Liability and Limitation of Liability
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Peaking Responsibility:
Peaking will not be responsible for any direct, indirect, incidental, special or consequential damages, including but not limited to, loss of data, revenue or profits, resulting from the use or inability to use the Services.

‍Exclusion of guarantees:
The Services are provided “as is” and Peaking makes no warranty, express or implied, as to their operation, accuracy or availability.
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‍10. Termination of the Agreement
‍Peaking reserves the right to suspend or terminate access to the Website and Services to any User who violates these Terms. In the event of termination, the User will remain responsible for any outstanding obligations.

‍11. Applicable Law and Jurisdiction
‍These Terms and their interpretation will be governed by the laws of the United Mexican States. Any dispute arising from these Terms will be resolved exclusively in the competent courts of Mexico City.

‍12. Consent to the Use of Information
‍The User consents to the use of their personal information in accordance with the terms established in the Privacy Policy. By using the Peaking Services, the User accepts that their information is collected, stored and processed in accordance with Mexican regulations and the company's Privacy Policy.

‍13. Acceptance of Cookies
‍Peaking uses cookies to improve the user experience, personalize content, and analyze website traffic. By continuing to browse the Website, you accept the use of cookies. For more details, see our Cookie Policy.

‍14. Data Security
‍Peaking implements reasonable security measures to protect users' personal information. However, we cannot guarantee the complete security of information transmitted over the Internet. The User accepts that any transmission of data, including personal information, is at their own risk.
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‍15. User Responsibility
‍The User undertakes to use the Website and the Services lawfully, responsibly and in accordance with these Terms. You will not use the Peaking Services for illegal or fraudulent activities.
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‍16. International Use of the Website
‍Peaking offers its Services worldwide, and the User is responsible for complying with the local laws of their country of residence. Peaking is not responsible for non-compliance with laws outside of Mexico.

‍17. Force Majeure
‍Peaking will not be responsible for interruption of the Services or non-compliance with these Terms due to causes beyond its reasonable control, including natural disasters, technical failures or Internet access problems.

‍18. General ProvisionsIf any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be eliminated or limited to the minimum extent necessary, and the rest of the Terms will remain in effect.

‍19. Dispute Resolution and Arbitration
‍In case of disputes arising from these Terms and Conditions, the parties agree to submit the dispute to arbitration, which will take place in Mexico City, under the rules of the Mexican Arbitration Center (CAM).

‍20. Links to Third Parties
‍Peaking is not responsible for the content, availability, or privacy practices of third-party websites accessed through links provided on the Website.

‍21. confidentiality
‍The parties agree to keep all confidential information received during the execution of this agreement confidential and not to disclose it without prior written consent.
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‍22. Returns and Refunds Policy
‍Payments made for Peaking Services are non-refundable, except in cases where Peaking has not complied with the agreed terms. Refund requests will be evaluated on a case-by-case basis and will be managed in accordance with Peaking.ai's internal policies.

‍23. Use of Services by Minors
‍The Peaking service is not intended for children under 18 years of age. By using the Services, you represent and warrant that you are at least 18 years of age or that you have the consent of your parents or guardians to use the Website.
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‍24. Exemption from Liability for Technical Errors
‍Peaking is not responsible for temporary or permanent interruption of the Services due to technical problems, such as server errors, interruptions in internet service, hardware failures, or any other event beyond Peaking's reasonable control

‍25. Notifications
‍All notifications related to these Terms and Conditions must be sent in writing to the User's registered email address or through publications on the Website. The User undertakes to keep their email updated at all times.

‍26. Consent to the Use of Anonymous and Aggregated Data
‍The User consents that Peaking uses anonymous and aggregated data collected through their use of the Website and Services for analysis purposes, service improvement, and for commercial purposes, without involving the disclosure of personally identifiable information.

‍27. Limitation on the Use of APIs and External Tools
‍The User agrees that the use of APIs and other external tools provided by Peaking is subject to the usage limitations defined in these Terms. The User undertakes not to use these tools in a way that could damage, interrupt or negatively affect the Peaking.ai services or its infrastructure.

‍28. Indemnity Agreement
‍The User agrees to compensate, defend and hold Peaking, its directors, employees and agents harmless from any claim, damage, loss, liability, or expense (including legal fees) that arise due to your use of the Services or your breach of these Terms.

At Magnesia Healthtech SAPI de CV (hereinafter Peaking) we are committed to protecting the privacy and security of your personal data. This policy describes how we collect, use, store and protect your information in compliance with the Federal Act on the Protection of Personal Data Held by Individuals and other applicable regulations.
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‍1. Glossary
‍For the purposes of this privacy notice, it shall be understood as:
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‍Privacy Notice: A physical, electronic document or in any other format generated by the Data Controller, which is made available to the Data Controller, prior to the processing of their personal data, in accordance with the Law.
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‍Databases: The ordered set of personal data relating to a natural or legal person.
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‍Consent: Expression of the will of the Data Subject through which the data is processed.
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‍Personal data: Any information relating to a natural or legal person.
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‍Sensitive personal data: Those personal data that affect the owner's most intimate sphere, or whose misuse may give rise to discrimination or pose a serious risk to the owner.
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‍ARCO Rights: Rights of access, rectification, cancellation and opposition.Law: Federal Law on the Protection of Personal Data Held by Individuals.
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‍Responsible: Magnesia Healthtech SAPI de CV, a private legal person who decides on the processing of personal data.
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‍Owner: The natural person to whom the personal data correspond.
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‍Treatment: The collection, use, disclosure or storage of personal data, by any means.

‍2. Identity and Address of the Responsible
‍The person responsible for the processing of your personal data is Magnesia Healthtech SAPI de CV, with address at Avenida Fuente del Parque 218, San Luis Potosí, San Luis Potosí 78280, Mexico.
Contact details:
Email: admin@peaking.ai
‍Phone: +52 (33) 51 23 08 80

‍3. Personal Data Collected
‍Magnesia Healthtech SAPI de CVMagnesia Healthtech SAPI de CV may collect the following personal data:
- Datos de identificación: - Identification data: First name, last name, email, telephone number.
- Datos de facturación: - Billing details: Credit card information, billing address.
- Datos técnicos: - Technical data: IP address, type of device, type of browser, information on the use of the Website (pages visited, browsing time, clicks).
- Datos de contacto: - Contact details: Information provided when contacting Magnesia Healthtech SAPI CV support or customer service.
- Datos de preferencias: - Preference Data: Preferences regarding the use of the Website and the Services
If sensitive personal data is collected, such as financial data, customer information or data related to company operating processes, Magnesia Healthtech SAPI de CV will require the express written consent of the Owner.
- Datos provenientes de plataformas de Meta (Facebook, Instagram y WhatsApp): Cuando el Usuario conecta sus activos de Meta (como páginas de Facebook, cuentas de Instagram o números de WhatsApp Business) a través de Facebook Login o Facebook Login for Business, Peaking puede recibir de Meta los siguientes datos del administrador que realiza la conexión: nombre, apellidos, foto de perfil, correo electrónico, identificadores de cuenta o negocio y permisos asociados a dichos activos, de conformidad con las políticas y términos de Meta Platforms, Inc.

‍4. Purposes of Data Processing
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‍Personal data will be used exclusively for the purposes described here. If they wish to be used for other unspecified purposes, the User's express consent will be requested.
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‍Primary Purposes:
‍Perform analyses and evaluations for the implementation of Peaking brand services.Provide consulting services and technical support.Manage confidential information from client companies.Communicate with customers to report on services.Comply with legal and regulatory obligations.For the purchase and sale of products and contracting services.For the fulfillment of the delivery of the product or the provision of services.For the conclusion of a service provision contract.To request the invoice or tax receipt Corresponding. To make the payment or transfer of the product, good or services contracted.

Los datos de identificación y contacto que recibimos desde Meta, como nombre, foto de perfil, correo electrónico e identificadores de cuenta, se utilizan para las siguientes finalidades:

Autenticar e identificar al administrador que conecta sus activos de Meta con Peaking. Asociar correctamente dichos activos (páginas, cuentas de Instagram y números de WhatsApp Business) con la organización del Usuario dentro de Peaking.ai. Mostrar el nombre e imagen del administrador dentro del panel de Peaking para fines de trazabilidad y auditoría interna. Enviar comunicaciones relacionadas con la cuenta, el estado de las integraciones, notificaciones técnicas y avisos de facturación vinculados al uso de los Servicios de Peaking. Estos datos no se utilizan para fines publicitarios, no se venden ni se comparten con terceros ajenos a la prestación de los Servicios, salvo proveedores tecnológicos necesarios (por ejemplo, servicios de infraestructura en la nube), quienes están obligados contractualmente a proteger los datos conforme a este Aviso de Privacidad y a la normativa aplicable.
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Secondary Purposes:
‍Sending commercial and promotional information.Conducting satisfaction surveys.Generating statistics.Sending material and invitations to events.

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5. Transfers of Personal Data
‍Your personal data may be transferred to: Third party service providers necessary for the implementation of Magnesia Healthtech SAPI de CV services, which have the corporate purpose of information technology services. Competent authorities, in compliance with legal obligations. In case of international data transfers, Magnesia Healthtech SAPI de CV will take the necessary measures to ensure that the data is treated in accordance with applicable data protection regulations.

‍6. ARCO Rights and Procedure for their Exercise
‍You have the right to access, rectify, cancel or object to the processing of your personal data. To exercise these rights, you must send a request to: Email: admin@peaking.ai.

The request must contain: Your name and address. Copy of your official identification. The clear and precise description of the personal data you wish to access, rectify, cancel or object to. Any other element that facilitates the location of your data. The person responsible has a period of 20 days to respond to the request, and if appropriate, 15 more days to apply the request. Person responsible for dealing with ARCO rights: Fabio Soto Felegrino

At Peaking, we protect the privacy of people who interact with our clients' intelligent agents through platforms such as Facebook, Instagram and WhatsApp. To provide this service, Peaking AI can temporarily access certain basic data, solely for the purpose of allowing the AI agent to function properly. This data may include:
- Identificadores públicos como el ID de usuario de la plataforma o número de teléfono.
- El contenido de los mensajes intercambiados con el agente.
- El canal utilizado para la conversación (Messenger, WhatsApp o Instagram).
-La fecha y hora de la interacción.

Estos datos se utilizan exclusivamente para permitir que el agente inteligente procese la conversación y responda al Usuario final en nombre de nuestro cliente. No los utilizamos para fines publicitarios, no creamos perfiles independientes con información de distintos clientes, y tampoco vendemos ni compartimos esta información con terceros ajenos a la prestación del servicio.

Los datos se eliminan automáticamente después de cierto tiempo y cualquier persona puede solicitar la eliminación manual de su información enviando un correo a admin@peaking.ai, conforme al procedimiento descrito en este Aviso de Privacidad.

- Public identifiers such as user ID or phone number
‍7. Limitation of Data Use and Disclosure
‍To limit the use and disclosure of your personal data for direct marketing purposes, you can sign up for our Exclusion List by sending an email to admin@peaking.ai. We will process your request and ensure that you do not receive unwanted commercial communications

‍8. Security Measures
‍Magnesia Healthtech SAPI de CV has implemented physical, technical and administrative security measures to protect your personal data against damage, loss, alteration, destruction or unauthorized access. These measures include:
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‍Physical Measures:
‍Restricted access to offices and data centers, through card or biometric access control systems. Constant monitoring of facilities through security cameras. Clean desk policies, to avoid the exposure of sensitive information in work areas.
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‍Technical Measures:
‍Implementation of firewalls and intrusion detection systems to protect the network and servers.Data encryption in transit and at rest, using secure protocols such as TLS/SSL.Regular backup of information and storage in secure locations.Constant updating of software and operating systems to correct security vulnerabilities.Implementation of role-based access controls, to limit access to information to authorized personnel.Use of antivirus and antimalware software updated on all devices.

‍Administrative Measures:
‍Ongoing staff training on personal data protection and information security. Implementation of internal policies and procedures for the management and protection of personal data.

Conducting internal and external audits to evaluate the effectiveness of the security measures implemented.

Establishment of confidentiality agreements with third-party service providers that have access to personal data.

Security incident response protocols, to act in a timely manner in the face of potential security breaches.

In the event of a security breach, Magnesia Healthtech SAPI de CV will take the necessary measures to mitigate risks and will notify affected users in accordance with the provisions of current legislation

Use of Google Calendar data:
Our application allows users to connect their Google Calendar to schedule meetings directly from conversations on WhatsApp, Instagram, Messenger or our web chat. When a user explicitly asks the AI agent to create a meeting, we use the calendar.events scope to insert a new event into the calendar selected by the user.

Events can include title, description, start and end times, attendee emails, and a Google Meet link. We also use the calendar.freebusy scope to check availability before scheduling.

We don't read, edit, or delete existing events, or access historical calendar data. We only store the ID of the calendar chosen by the user and the minimum metadata necessary to create the event.

Calendar data is used strictly to fulfill the user's scheduling request and is never sold, shared, or used for advertising purposes. Our use of Google data complies with Google Limited Use Requirements (https://developers.google.com/terms/api-services-user-data-policy#additional_requirements_for_specific_api_scopes).

1. Acceptance of the terms
‍By accessing and using this website or platform, the user agrees to comply with these terms and conditions of use, as well as with the laws applicable in the United Mexican States. If you do not agree with them, you must refrain from using the site.

2. Permitted use of the site
‍The use of the site is intended exclusively for legal, informational and commercial purposes within the framework of the services offered by Peaking.ai. The user undertakes not to:Use the site for illegal or unauthorized purposes.Unauthorized access to restricted systems, data or services.Damage, interfere or interrupt the operation of the website or its services.Use automated software or scripts for exploitation purposes.Magnesia Healthtech S.A.P.I. de C.V. reserves the right to restrict or cancel access to any user who violates these terms.
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3. User Responsibilities
‍The user is responsible for: Maintaining the confidentiality of their access credentials. Ensure that the data provided is true, updated and complete.Do not share credentials with third parties without express written authorization.
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4. Intellectual Property
‍All content, design, software, logos, texts, images and brands present on this site are the exclusive property of Magnesia Healthtech S.A.P.I. de C.V. or its licensors. Reproduction, distribution or commercial use without prior written authorization is strictly prohibited.
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5. Protection of personal data
‍The processing of personal data is governed by what is established in our Privacy Notice, in compliance with the Federal Act on the Protection of Personal Data Held by Individuals (LFPDPPP), its Regulations and the Guidelines of the Privacy Notice issued by the INAI. The user can exercise their ARCO rights (Access, Rectification, Cancellation or Opposition) at any time, as described in the notice.
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6. Use of cookies and similar technologies
‍We use cookies to improve the user experience, analyze site usage and provide personalized content. By continuing to browse, the user accepts the use of cookies in accordance with our Cookie Policy. You can change your preferences from your browser settings.

7. Third-party services
‍Peaking.ai can be integrated with third-party tools or services such as WhatsApp, Instagram, Google Calendar, CRMs, and others. The company is not responsible for the policies, conditions or actions of these third parties.
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8. Availability of the service
‍While efforts are made to maintain continuous availability of the site, Peaking.ai does not guarantee uninterrupted or error-free access. There may be breaks due to maintenance, updates or external causes beyond our control.
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9. Limitation of liability
‍Peaking.ai will not be responsible for:Damages resulting from misuse of the site.Failures in third-party platforms integrated into the system.Content provided by users or external sources.
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10. Amendments
‍This policy can be changed at any time. The updates will be published in this same section and, where appropriate, notified by email. Continued use of the site implies acceptance of such changes.
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11. Jurisdiction and Applicable Legislation
‍This document is governed by the laws of United Mexican States. Any dispute will be resolved by competent courts based in San Luis Potosí, S.L.P., Mexico.

‍12. Contact
‍For questions, suggestions or the exercise of rights related to this policy, please contact:

‍Magnesia Healthtech S.A.P.I. de C.V.
Address: Avenida Fuente del Parque 218, San Luis Potosí, San Luis Potosí, ZIP Code 78280, Mexico
Email: admin@peaking.ai
Telephone: +55 33 51 23 08 80