Peak Warden

Terms and Conditions of Service

Welcome to Peak Warden. Your access and use of this website are subject to the following Terms and Conditions. By using the website, you confirm you have read, understood, and agree to be bound by them.

1. Provider Information

Peak Warden is operated by the following provider:

  • Legal name: Wojciech Rzepka Software
  • Trading name: Peak Warden
  • Tax ID (NIP): 9721364903
  • Country of establishment: Poland
  • Contact email: [email protected] (full registered address and REGON available on request)

In this document, “Peak Warden”, “we”, “us”, “our”, and “the Company” refer to Wojciech Rzepka Software, and “the website” refers to the Peak Warden website and related content. The email address [email protected] serves as our single electronic point of contact for users and for communication with authorities.

2. Age Limitation

You represent and warrant that you are at least 18 years of age. The Company does not permit those under 18 to use the website. By accessing or using the website, you confirm that you have the legal capacity to enter into a binding contract.

3. Acceptable Use

You agree not to use our website for any illegal purposes or in violation of any applicable laws.

Prohibited activities include but are not limited to:

  • Distributing malware.
  • Conducting phishing operations.
  • Sending spam.
  • Engaging in any activity that imposes an unreasonable load on our infrastructure.
  • Accessing, copying, or extracting any part of the website by any means other than our publicly supported interfaces (e.g., “scraping” or automated harvesting of content).
  • Redistributing, republishing, reselling, or otherwise commercially exploiting content obtained through the website without our prior written consent.
  • Using any content from the website to train, fine-tune, evaluate, ground, or otherwise develop machine-learning or artificial-intelligence models, whether directly or through a third party.

Text and Data Mining Reservation. Peak Warden expressly reserves all rights in the content of the website for the purposes of text and data mining within the meaning of Article 4(3) of Directive (EU) 2019/790 (DSM Directive). Text and data mining of the website or its content is not permitted without our prior written consent.

Fair Usage and Throttling. To ensure the quality of service for all users, we reserve the right to limit or throttle your access to the website if your usage significantly exceeds the average usage of other users (including but not limited to excessive bandwidth consumption or high request rates). We may also block specific automated patterns that place a disproportionate burden on our infrastructure.

Peak Warden presents and links to independent software products operated by us, including Metal Pilot and Linkwy, as well as to third-party websites and services.

  • Each product is a separate service governed by its own terms, privacy policy, and disclaimer, which apply to your use of that product in addition to these Terms.
  • Peak Warden is not responsible for the content, accuracy, or opinions expressed on third-party websites linked from the website. The inclusion of any link does not imply our endorsement of that site.
  • You acknowledge and agree that Peak Warden shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any content, goods, or services available on or through any such third-party websites or services.

5. Intellectual Property

  • All content, features, and functionality of this website — including its design, text, graphics, and source code — are owned by Peak Warden or its licensors. You may not copy, modify, distribute, or create derivative works from any portion of the website without explicit written permission.
  • All third-party trademarks, logos, company names, ticker symbols, and project names displayed on the website are the property of their respective owners. Peak Warden is not affiliated with, endorsed by, or sponsored by these trademark owners unless explicitly stated. The display of such names and marks is solely for the purpose of identification, factual reference, and editorial commentary.

If you believe that content available on the website infringes your copyright, please send a notice to [email protected] containing: (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the material claimed to be infringing and its location on the website; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (v) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and (vi) your physical or electronic signature. We will review and respond to compliant notices and remove or disable access to material that we determine in good faith to be infringing.

7. Privacy Policy

Your use of the website is also governed by our Privacy Policy, which is incorporated by reference into these Terms and Conditions.

8. Disclaimer

Your use of the website is also subject to our Disclaimer, which contains important information about the non-advisory nature of the content, information accuracy, AI-powered features, third-party data, and limitations of liability. The Disclaimer is incorporated by reference into these Terms and Conditions.

9. Service Modifications

  • We reserve the right to modify or discontinue, temporarily or permanently, the website or any features with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website.
  • We do not offer a Service Level Agreement (SLA) and do not guarantee any specific uptime. The website may be subject to scheduled or unscheduled maintenance windows, during which it may be unavailable.

10. Warranty Disclaimer

The website is provided on an “as is” and “as available” basis. Peak Warden makes no representations or warranties of any kind, express or implied, regarding the operation of the website, or the information, content, or materials included on it. To the full extent permissible by applicable law, Peak Warden disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, and non-infringement.

Non-Excludable Rights. Some jurisdictions do not allow the exclusion of certain warranties or statutory guarantees. Nothing in these Terms excludes, restricts, or modifies any consumer right or statutory guarantee that cannot be excluded under applicable law, including the consumer-protection laws of your state, province, or country of residence and the Australian Consumer Law. If you are a consumer in the EU/EEA, you benefit from statutory remedies for lack of conformity of digital services, and nothing in these Terms limits those rights.

11. Limitation of Liability

To the maximum extent permitted by law, Peak Warden shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or data, use, goodwill, investment losses, trading losses, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the website;
  • Any investment, trading, or financial decision made in reliance on information provided through the website;
  • Any errors, inaccuracies, omissions, or delays in content, including content originally sourced from third parties or generated or summarised by automated or AI-based systems;
  • Any conduct or content of any third party on the website;
  • Unauthorized access, use or alteration of your transmissions or content.

In no event shall Peak Warden’s aggregate liability exceed 100 USD.

Exceptions. Nothing in these Terms excludes or limits Peak Warden’s liability for willful misconduct, gross negligence, fraud, or any liability or statutory right that cannot be excluded or limited under applicable law. If you are a consumer, the liability cap above applies only to the extent permitted by the mandatory consumer-protection laws of your place of residence.

12. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Peak Warden from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your unlawful use of the website; (ii) your violation of these Terms; or (iii) your infringement of any third-party right, including intellectual-property rights. You may not settle any claim unless the settlement unconditionally releases Peak Warden of all liability.

13. Changes to Terms

  • We reserve the right to modify these Terms at any time.
  • For material changes, we will post the updated Terms on our site with a revised “Last Updated” date. For non-material changes (such as clarifications and corrections), posting the updated Terms with a revised date is sufficient notice.
  • Your continued use of the website after the effective date of a change constitutes acceptance of the modified Terms.

14. Force Majeure

Peak Warden shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labour disputes, government actions, power or internet failures, failures of hosting or other upstream service providers, or unavailability of third-party data sources. Performance is suspended for the duration of such an event to the extent it is affected by it.

15. Assignment and Entire Agreement

  • You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. Peak Warden may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, with notice to you.
  • These Terms, together with the Privacy Policy and the Disclaimer incorporated by reference, constitute the entire agreement between you and Peak Warden regarding the website and supersede all prior agreements and understandings on the subject.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

18. Feedback

You assign all rights, title and interest in any Feedback you provide to the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

19. Informal Dispute Resolution

If you have any concern or dispute about the website, you agree to first try to resolve the dispute informally by contacting Peak Warden at [email protected].

Out-of-Court Dispute Resolution (EU/Polish Consumers). If you are a consumer in the EU, you may also use out-of-court means of resolving consumer disputes. In Poland, these include proceedings before the competent Voivodeship Inspector of Trade Inspection (Inspekcja Handlowa) and assistance from municipal or district consumer ombudsmen. If we reject a complaint you have submitted, we will inform you whether we agree to participate in out-of-court dispute resolution proceedings and identify the competent ADR entity.

20. Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions. For business users, any dispute or claim arising from these Terms or the website shall be subject to the personal and exclusive jurisdiction of the courts located in Poznań, Poland.

Consumers. If you are a consumer, the choice of Polish law and the jurisdiction provision above do not deprive you of the protection of mandatory consumer-protection provisions of the law of your state, province, or country of habitual residence, and do not limit your right to bring or defend proceedings before the courts competent for your place of residence where applicable law gives you that right.

21. Export Control and Compliance

You represent and warrant that (i) you are not located in a country that is subject to a United States or European Union government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States or EU government list of prohibited or restricted parties.

22. Support

Technical support is provided via email and is available in English only. We strive to respond to support inquiries within a reasonable timeframe but make no guarantees regarding response times.

23. Contact Information

If you have any questions about these Terms, please contact us at [email protected].

Last Updated: 25 June 2026