Terms & Conditions

Agreement

These Terms and Conditions ("Terms") govern access to and use of the CAP Apps platform and related services (the "Platform").

The Platform is owned and operated by Peakana, LLC ("Peakana"). CAP Apps, LLC may provide onboarding, implementation, consulting, and support services related to the Platform.

By accessing or using the Platform, you agree to be bound by these Terms.

Privacy

Your use of the Platform is also governed by our Privacy Policy.

Platform Description

The CAP Apps Platform provides analytics, dashboards, and reporting tools designed to assist construction companies and related organizations in analyzing project performance, financial metrics, operational data, and business information.

User Accounts

Access to the Platform may require the creation of a user account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to notify Peakana or CAP Apps immediately if you suspect unauthorized access to your account.

License to Use the Platform

Peakana grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for legitimate internal business purposes.

Users may not:

• Reverse engineer or attempt to extract the source code
• Copy or distribute the Platform or its software
• Attempt to bypass security controls
• Use the Platform for unlawful purposes

Customer Data

Customers may upload business data to the Platform including, but not limited to:

• Job cost data
• Financial information
• Operational metrics
• Scheduling or project data

All such data remains the property of the customer organization.

Peakana processes and stores customer data solely for the purpose of providing the Platform and related analytics services.

CAP Apps may access customer data only as necessary to provide onboarding, support, consulting, or implementation services.

Data Accuracy

The accuracy of reports and analytics generated by the Platform depends on the accuracy and completeness of the data provided by users.

Peakana and CAP Apps do not guarantee the accuracy, completeness, or reliability of analytics results.

No Professional Advice

The Platform provides analytical tools only and does not constitute accounting, financial, legal, or construction consulting advice.

Users are responsible for evaluating and verifying all information before making business decisions.

Third-Party Services

The Platform may rely on third-party infrastructure and service providers including hosting, analytics, and communications providers.

Peakana is not responsible for the policies or practices of third-party services.

Security

Peakana implements reasonable administrative and technical safeguards designed to protect the security of the Platform.

However, no internet-based system can be guaranteed to be completely secure.

Intellectual Property

All software, technology, content, and intellectual property associated with the Platform are the exclusive property of Peakana, LLC or its licensors.

Nothing in these Terms transfers ownership of the Platform or its underlying technology to users.

Acceptable Use

Users agree not to use the Platform to:

• Transmit malicious software
• Access unauthorized data or systems
• Interfere with platform operations
• Violate applicable laws

Limitation of Liability

To the maximum extent permitted by law, Peakana and CAP Apps shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the Platform, including loss of profits, loss of data, or business interruption.

Indemnification

You agree to indemnify and hold harmless Peakana, CAP Apps, and their officers, employees, and affiliates from any claims, damages, or expenses arising from your use of the Platform or violation of these Terms.

Termination

Peakana reserves the right to suspend or terminate access to the Platform at its discretion if these Terms are violated.

Governing Law

These Terms are governed by the laws of the State of North Carolina.

Any disputes arising from these Terms shall be resolved in the courts located within the State of North Carolina.

Changes to Terms

Peakana may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes acceptance of the revised Terms.

Contact Information

For questions regarding these Terms, please contact:

Peakana, LLC
Apex, North Carolina 27502

Email: info@cap-apps.com

Effective as of March 1, 2026