Version date: September 18, 2026
Pinnacle Trax is a managed marketing service of Sweetpea Works LLC, a Louisiana limited liability company (“Sweetpea Works,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern the Pinnacle Trax services we provide to the business or professional practice that subscribes (“Client,” “you,” or “your”).
1. Agreement and Acceptance
1.1 Acceptance. You accept these Terms when you check the acceptance box at Stripe checkout, sign an Order Form that references these Terms, or begin using the Services, whichever happens first.
1.2 Authority. The person accepting these Terms represents that they have authority to bind the business or practice named in the Order Form or at checkout.
1.3 Business use. The Services are sold to businesses and professional practices for business purposes. They are not offered to consumers for personal, family, or household use.
1.4 The Agreement. These Terms, your Order Form, and any Add-On descriptions attached to your Order Form together make up the agreement between you and Sweetpea Works (the “Agreement”). If your Order Form conflicts with these Terms, the Order Form controls for the specific item it addresses. Language on any invoice applies only to payment of that invoice; these Terms control everything else.
2. Definitions
- “Services” means the managed marketing services provided under your Subscription and any Add-Ons.
- “Subscription” means your recurring monthly Managed Plus, Managed Premium, or Managed Platinum plan.
- “Order Form” means the short, client-specific agreement signed by you and Sweetpea Works that states your Subscription tier, start date, fees, Exclusive Territory (if any), Add-Ons, onboarding fee, and any agreed exceptions to these Terms.
- “Add-On” means an optional service purchased in addition to a Subscription and listed in your Order Form.
- “Production Cycle” means the recurring period in which we plan, produce, and present content to you for approval. Managed Premium and Managed Platinum run on calendar-quarter Production Cycles unless your Order Form says otherwise. Managed Plus does not include content production and has no Production Cycle.
- “Client Content” means the logos, trademarks, photographs, biographies, credentials, testimonials, and other material you provide to us.
- “Client Data” means the contacts, prospects, subscribers, form submissions, and related records collected for your business through the Services.
- “Pinnacle Trax Materials” means everything we create, license, or use to deliver the Services other than Client Content and Client Data, including website design, structure, and code; templates; our shared library of articles, email sequences, newsletters, lead magnets, and social media content; automations and workflows; video scripts and videos; and our methods and know-how.
- “Exclusive Territory” means the area or niche reserved for you under Section 9 and described in your Order Form.
- “Regulated Content” means content that addresses health conditions, treatments, or outcomes; insurance, retirement, investment, tax, or other financial products or recommendations; or any other claim governed by the licensing or professional rules that apply to you.
3. The Services
3.1 Scope. We provide the Services included in your Subscription tier and any Add-Ons, as stated in your Order Form. Descriptions on our website are general summaries; your Order Form controls.
3.2 How we deliver. We may improve, replace, or change the tools, platforms, methods, and vendors we use to deliver the Services, as long as the overall Services included in your tier are not materially reduced.
3.3 Not included. Unless your Order Form says otherwise, the Services do not include paid advertising spend, printing, third-party subscriptions you choose to purchase, or work outside your tier. We will quote any additional work separately and in writing before starting it.
3.4 Production methods. Content may be produced with the assistance of artificial intelligence tools. Our team reviews content before presenting it to you for approval.
3.5 No guaranteed results. Marketing results depend on many factors outside our control. We do not guarantee any particular number of prospects, clients, search rankings, website traffic, or revenue.
4. Onboarding and Your Responsibilities
4.1 Onboarding fees. Onboarding fees, if any, are billed separately by QuickBooks invoice and are due under that invoice’s payment terms. Onboarding fees are non-refundable once onboarding work begins.
4.2 What we need from you. You agree to provide, in a timely manner: access to your domain registrar or DNS settings, existing website, and social media accounts as needed; the Client Content we request; and responses to our questions and approval requests.
4.3 Delays. Delays caused by late access, content, or approvals may shift delivery timelines. They do not pause or reduce Subscription fees.
4.4 Account security. You are responsible for keeping your own login credentials secure and for the actions of anyone you give access to your accounts.
5. Fees, Billing, and Payment
5.1 Recurring billing. Subscription fees are billed monthly in advance through Stripe automatic payment, beginning on the start date in your Order Form, and renew each month automatically until the Agreement ends under Section 6.
5.2 Fee amounts. Fees for your Subscription and any Add-Ons are stated in your Order Form.
5.3 Failed payments. If a payment fails, we will notify you and retry the charge. If a payment remains unpaid 10 days after its due date, we may suspend the Services until your account is current. Fees continue to accrue during a suspension.
5.4 Price changes. We will give you at least 30 days’ written notice before any change to your Subscription fees takes effect.
5.5 Taxes. Fees do not include applicable sales, use, or similar taxes, which you are responsible for.
5.6 Billing questions. If you believe a charge is incorrect, please contact us within 30 days of the charge. You agree to contact us and give us a reasonable opportunity to resolve the issue before disputing a charge with your card issuer or bank.
6. Term and Cancellation
6.1 Month-to-month. Your Subscription continues month to month. There is no long-term contract.
6.2 Managed Plus. You may cancel a Managed Plus Subscription with 30 days’ written notice. Services and billing continue through the end of the notice period. Fees already billed are not refunded, including for any partial month.
6.3 Managed Premium and Managed Platinum. Because we plan, produce, and present Managed Premium and Managed Platinum marketing in advance across Production Cycles, cancellation of these Subscriptions takes effect at the end of the calendar quarter (March 31, June 30, September 30, or December 31) in which we receive your written notice. If we receive your notice within the final 30 days of a calendar quarter, cancellation takes effect at the end of the following quarter. Services and billing continue through the effective cancellation date, and content scheduled for that period continues to be presented to you for approval and, once approved, published or delivered as scheduled. Section 7.7 governs content that is not approved.
6.4 Add-Ons. Add-Ons end when your Subscription ends unless your Order Form says otherwise.
6.5 Changing tiers. Upgrades take effect on your next billing date unless we agree on an earlier date. Downgrades follow the cancellation timing that applies to your current tier. Moving from Managed Premium or Managed Platinum to Managed Plus releases any Exclusive Territory under Section 9.5.
6.6 How to give notice. You may cancel at any time through the subscription management link in your billing emails, or by written notice sent by email to info at sweetpeaworks dot com or by mail to the address in Section 16. Notice is effective when we receive it, and we will confirm receipt by email. The timing rules in Sections 6.2 and 6.3 apply regardless of how you give notice.
6.7 Our right to end or suspend. We may suspend the Services or end the Agreement by written notice if you fail to pay amounts due; materially breach the Agreement and do not correct the breach within 15 days after notice; ask us to publish content that is unlawful, deceptive, or infringes another party’s rights; or engage in abusive conduct toward our team. We may also end the Agreement for any reason with at least 30 days’ written notice, in which case we will refund the unearned portion of any Subscription fee you have paid for the period after the Agreement ends, calculated on a daily basis.
7. Content Approval and Compliance
7.1 Your review. Before content is published under your name, we present it to you for review. You are responsible for reviewing it for accuracy and for compliance with the laws and professional rules that apply to you.
7.2 Standard content. If you do not respond to an approval request within five business days, we may publish content that is not Regulated Content as scheduled.
7.3 Regulated Content. We will not publish Regulated Content without your express written approval; email approval is sufficient. Sweetpea Works does not provide legal, medical, financial, tax, or insurance advice. As the licensed or credentialed professional, you are solely responsible for the claims made about your services and for meeting your licensing board’s or regulator’s requirements.
7.4 Testimonials and reviews. You are responsible for ensuring that testimonials, reviews, and endorsements you provide are genuine, that you have permission to use them, and that their use complies with applicable rules, including the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising (16 C.F.R. Part 255).
7.5 Email and text messaging. You are responsible for ensuring that every contact you provide or import was lawfully obtained and that you have obtained any consent the law requires. You will not provide purchased, rented, or scraped contact lists. Marketing email sent through the Services will include an unsubscribe mechanism and your valid physical postal address, as required by the CAN-SPAM Act (15 U.S.C. Chapter 103), and you agree to keep that address current with us. Text messages and automated calls require prior express consent under the Telephone Consumer Protection Act (47 U.S.C. § 227), and you will not ask us to send them to any contact who has not given it.
7.6 Health information. The Services are not designed to store or process protected health information under HIPAA. You will not enter or upload protected health information into systems we operate, and you will not ask us to build forms or tools that collect it, unless both parties have first signed a separate Business Associate Agreement.
7.7 Production Cycles and non-accumulation. Content belongs to the Production Cycle in which it is presented to you for approval. If you do not approve or respond to an approval request within that Production Cycle, we treat that content as delivered for that cycle. Unapproved, unpublished, or unused work does not carry forward, accumulate, or create a backlog, credit, or refund. We may, at our discretion, reschedule unapproved content into a later Production Cycle, and doing so once does not obligate us to do it again. Subscription fees pay for the ongoing service as a whole and are not allocated to individual work items.
8. Ownership and Licenses
8.1 What you own. You own your Client Content, Client Data, domain names, trademarks, and social media accounts. You grant Sweetpea Works a non-exclusive license, without royalty, to use Client Content and Client Data only as needed to provide the Services and to carry out Section 10.
8.2 What we own. Sweetpea Works or its licensors own the Pinnacle Trax Materials. During your Subscription, we grant you a non-exclusive, non-transferable license to use the Pinnacle Trax Materials, as delivered through the Services, to market your business.
8.3 Shared content library. You understand that our articles, email sequences, newsletters, lead magnets, and other library content are developed for use by multiple clients in your profession located in other territories, with portions customized for you. Our use of that content for other clients is not a breach of the Agreement or of your Exclusive Territory.
8.4 Customizations. Customizing Pinnacle Trax Materials for you, such as adding your name, local references, or Client Content, does not transfer ownership of the underlying materials to you.
8.5 Client references. We may identify your business as a Pinnacle Trax client. We will ask your permission before publishing a case study or any results specific to your business.
9. Exclusive Territory
9.1 Availability. Exclusive Territory begins at Managed Premium. It is available with Managed Premium and Managed Platinum Subscriptions only when an Exclusive Territory is described in your Order Form, and it is reserved on a first-come, first-served basis.
9.2 What is reserved. While your Exclusive Territory is in effect, Sweetpea Works will not provide Pinnacle Trax Subscription services to another business within your Exclusive Territory, as described in your Order Form. Where your Order Form describes the territory by geography, that means another business in your profession whose practice is located within that area. Where your Order Form describes it by specialty or niche, that means another business offering that specialty or niche within the scope stated in your Order Form.
9.3 Defined only by your Order Form. Your Exclusive Territory is defined solely by your Order Form, which may describe it by geography, specialty or niche, or both. No territory is created or implied by your location, your website, our marketing materials, or any conversation.
9.4 What it does not cover. Your Exclusive Territory does not restrict us from serving businesses outside the description in your Order Form, even if they advertise to or serve customers inside it. It does not guarantee that you will face no competition.
9.5 When it ends. Your Exclusive Territory ends automatically when your Subscription ends, when you move to Managed Plus, or if the Services remain suspended for nonpayment for more than 30 days. Once released, we may reserve the territory for another client.
9.6 Reclaim period. For 30 days after your Exclusive Territory is released, we will not reserve it for another business without first offering it back to you by email at the then-current fees. After those 30 days, the territory is available without further notice.
10. When the Agreement Ends
10.1 Your website. The website we build and host for you is part of the Pinnacle Trax Materials and remains with Sweetpea Works. When the Agreement ends, we take the website offline and do not transfer its design, code, files, or library content.
10.2 Your domain. You keep your domain name. You are responsible for updating your domain settings after the Agreement ends.
10.3 Your contacts and data. If you request it in writing within 30 days after the Agreement ends, we will provide an export of your Client Data in a commonly used file format, such as CSV, along with the Client Content you provided. After 60 days, we may permanently delete Client Data and Client Content from systems we operate.
10.4 Social media. Posts already published to your social media accounts remain there. We will end our access to your accounts, and we recommend changing your passwords.
10.5 Videos. Finished videos already published to your own video channel may remain there, and you may continue to use them to market your business.
10.6 Everything else. Your license to the Pinnacle Trax Materials ends, and you agree not to republish our library content elsewhere. Amounts owed before the Agreement ends remain due. Sections 5, 7, 8, 10, 12, 13, 14, 15, and 16 continue to apply after the Agreement ends.
11. Third-Party Platforms
The Services rely on third-party platforms, including website hosting, email delivery, payment processing, social media networks, and search engines. We are not responsible for their outages, policy or algorithm changes, or restrictions they place on accounts. Subscription payments are processed by Stripe; we do not store full payment card numbers.
12. Confidentiality
Each party will keep confidential the non-public business information the other party shares under the Agreement, and will use it only to perform the Agreement. This does not apply to information that is already public, independently developed, or required to be disclosed by law.
13. Disclaimers
Except as expressly stated in the Agreement, the Services are provided “as is.” We do not warrant that the Services will be uninterrupted or error-free, or that they will produce any particular business result.
14. Limitation of Liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost business, arising from the Agreement. Sweetpea Works’ total liability under the Agreement will not exceed the fees you paid for the Services during the three months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.
15. Indemnification
You agree to defend and indemnify Sweetpea Works against third-party claims arising from Client Content; Regulated Content or other claims you approved for publication; Client Data you provided, including whether required consents were obtained; and your violation of any law or professional rule.
16. General Terms
16.1 Governing law and venue. The Agreement is governed by the laws of the State of Louisiana. Any dispute will be brought in the state or federal courts located in Jefferson Parish, Louisiana.
16.2 Changes to these Terms. We may update these Terms by emailing you at least 30 days before the changes take effect and posting the new version with its version date. If you do not agree with a change, you may cancel by written notice before the change takes effect, and your cancellation will take effect on that date regardless of the timing in Section 6.
16.3 Events beyond control. Neither party is responsible for delays caused by events beyond its reasonable control, other than the obligation to pay fees.
16.4 Relationship. The parties are independent contractors. Nothing in the Agreement creates a partnership, joint venture, or employment relationship.
16.5 Assignment. You may not assign the Agreement without our written consent. We may assign it in connection with a merger, reorganization, or sale of our business.
16.6 Severability and waiver. If any provision is found unenforceable, the rest of the Agreement remains in effect. A party’s failure to enforce a provision does not waive it.
16.7 Entire agreement. The Agreement is the entire agreement between the parties about the Services and replaces any earlier proposals or understandings.
16.8 Notices and contact.
Sweetpea Works LLC — 5728 Planuche St, Ste B, New Orleans, LA 70123
Email — info at sweetpeaworks dot com