9% Club TERMS & CONDITIONS

PEAKO Enterprises, LLC | New Jersey, United States

Effective Date: March 2026 Last Updated: May 13, 2026

1. Acceptance and Scope

1.1 These Website Terms & Conditions (the "Website Terms") govern access to and use of websites, landing pages, funnels, hosted forms, demo pages, help center pages, and other online properties operated by PEAKO Enterprises, LLC ("Company," "we," "us," or "our") under any brand or domain, including but not limited to Lexi AI, 9% Club, The Selling Shift, and related programs (collectively, the "Website").

1.2 By accessing or using the Website, submitting any form through the Website, creating an account, clicking any button indicating acceptance, or otherwise interacting with the Website, you agree to be bound by these Website Terms and by all applicable laws and regulations.

1.3 If you do not agree to these Website Terms, you must not access or use the Website.

1.4 Use of the Lexi AI software platform and messaging services is governed separately by the Lexi AI Master Services Agreement or other applicable service agreement. In the event of a conflict between these Website Terms and the governing service agreement, the governing service agreement controls with respect to platform access, paid services, messaging functionality, billing, or customer account use.

2. Eligibility and Authority

2.1 You must be at least eighteen (18) years old and capable of forming a legally binding contract to use the Website.

2.2 If you access or use the Website on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity to these Website Terms, and references to "you" include that entity.

2.3 You may not use the Website if doing so would violate any applicable law, regulation, court order, or contractual restriction.

3. Website Access and Permitted Use

3.1 Subject to these Website Terms, Company grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Website for your internal business information and evaluation purposes.

3.2 You may not use the Website for unlawful, fraudulent, abusive, defamatory, misleading, competitive intelligence scraping, or other improper purposes.

3.3 You may not, and may not permit any third party to: (a) access non-public areas of the Website without authorization; (b) probe, scan, test, or circumvent Website security; (c) copy, scrape, harvest, index, mirror, or frame the Website or its content; (d) use robots, crawlers, scripts, or automated tools to access or collect data from the Website except as expressly authorized in writing; (e) interfere with or disrupt the Website or any connected systems; (f) introduce malicious code; (g) impersonate any person or entity; or (h) use the Website to benchmark, decompile, reverse engineer, or build a competing product or service, except to the extent such restriction is prohibited by law.

3.4 We may suspend, limit, or terminate Website access at any time, with or without notice, if we believe your use violates these Website Terms, threatens Website security, infringes rights, or creates legal, technical, or reputational risk.

4. Accounts, Credentials, and Electronic Communications

4.1 Certain Website features may require you to create an account, submit your information, or log in using credentials.

4.2 You agree to provide accurate, current, and complete information and to update it as necessary.

4.3 You are responsible for maintaining the confidentiality of your credentials and for all activities that occur through your account or device. You must promptly notify us of any suspected unauthorized access or security incident involving your account.

4.4 You consent to receive notices and communications from us electronically, including by email, in-app notice, or by posting on the Website, where permitted by law.

4.5 Your acceptance of these Website Terms through the Website, including by clicking "I agree," submitting a form, creating an account, or using the Website, constitutes a legally binding electronic agreement equivalent to a written signature.

5. Website Content and Intellectual Property

5.1 The Website, including all text, software, source code, object code, workflows, designs, interfaces, graphics, audio, video, images, trade dress, branding, names, logos, compilations, documentation, and other content available through the Website (collectively, "Website Content"), is owned by Company or its licensors and is protected by intellectual property and other laws.

5.2 Except as expressly permitted in these Website Terms, you may not copy, reproduce, modify, distribute, publish, display, transmit, create derivative works from, license, sell, or exploit any Website Content without Company's prior written consent.

5.3 "Lexi AI," "PEAKO Enterprises," and related names, logos, and branding are trademarks, service marks, or trade dress of Company or its affiliates. You may not use them without prior written permission.

5.4 If you submit feedback, suggestions, feature requests, or ideas relating to the Website or our services, you grant Company a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, distribute, and exploit that feedback for any lawful purpose without restriction or compensation.

6. User Submissions and Website Forms

6.1 If you submit information through the Website, including demo requests, contact forms, lead forms, opt-in forms, surveys, support requests, or uploaded materials, you represent and warrant that: (a) the information is accurate and not misleading; (b) you have all rights and authority necessary to submit it; and (c) your submission does not violate any law or third-party right.

6.2 You remain responsible for all content, information, files, and materials you submit through the Website. Company may use submitted information as described in the Privacy Policy and, where applicable, to evaluate your request, respond to inquiries, provide services, enforce rights, or comply with legal obligations.

6.3 Company may remove, reject, or disregard submissions at any time in its sole discretion.

7. Marketing, Testimonials, and No Earnings Guarantee

7.1 The Website may contain testimonials, use cases, examples, case studies, sample workflows, performance illustrations, or descriptions of customer experiences.

7.2 Any such materials are provided for informational and illustrative purposes only and do not guarantee that you or any other person will achieve similar results.

7.3 Company makes no representation or warranty regarding revenue generation, customer acquisition, conversion rates, lead quality, campaign performance, deliverability outcomes, or other business results that may be associated with use of the Website or any related service.

7.4 You acknowledge that business outcomes depend on numerous variables outside Company's control, including your industry, messaging practices, offers, content, audience quality, market conditions, configuration choices, and compliance posture.

8. AI Content Disclaimer

8.1 Certain features of the Website or related services may utilize artificial intelligence or automated systems to generate responses, recommendations, or other content.

8.2 AI-generated outputs may be inaccurate, incomplete, or misleading. Company makes no representations or warranties regarding the accuracy, reliability, or suitability of AI-generated content.

8.3 Users are responsible for reviewing and verifying all AI-generated outputs before relying on or distributing them.

9. SMS, Email, and Other Communications from Company

9.1 If you choose to provide your email address, mobile number, or other contact information through the Website, you agree that Company may contact you for the purposes disclosed at the point of collection, including responding to inquiries, providing requested information, sending administrative notices, and, where legally permitted, marketing communications.

9.2 If you opt in to receive SMS messages from Company, message frequency may vary, message and data rates may apply, and you may opt out by replying STOP. You may obtain assistance by replying HELP or by contacting us at [email protected].

9.3 Your choice to receive communications from Company is separate from, and does not alter, any responsibilities that apply to customers who use the Lexi AI platform to send messages to their own end users.

10. Messaging Compliance Responsibility

10.1 The Lexi AI platform and related services may enable users to send SMS messages, email messages, and other communications to third parties. Users are solely responsible for the content, legality, and compliance of all communications they initiate or transmit using the platform or any related services.

10.2 Users must comply with all applicable laws, regulations, industry guidelines, and carrier requirements governing communications, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, Federal Trade Commission (FTC) regulations, and applicable telecommunications carrier policies.

10.3 Users are responsible for obtaining and maintaining all legally required consents before sending any message or communication to a recipient. Company does not verify, monitor, or guarantee that users have obtained valid consent.

10.4 Users must maintain records of consent sufficient to demonstrate compliance with applicable laws and regulations and must promptly honor any opt-out or unsubscribe requests from recipients.

10.5 Company acts solely as a technology platform provider and does not originate, send, or determine the recipients of communications transmitted by users.

10.6 Users agree to indemnify and hold harmless Company from any claims, investigations, penalties, damages, or liabilities arising out of or relating to communications sent by the user or the user's failure to comply with applicable messaging laws or regulations. Company does not create, review, approve, or control message content or recipient lists.

11. Third-Party Services, Links, and Integrations

11.1 The Website and related services may rely on third-party telecommunications carriers, artificial intelligence providers, payment processors, analytics tools, hosting providers, customer support tools, and other infrastructure or service providers.

11.2 Company is not responsible for third-party websites, applications, policies, content, or services that are not owned or controlled by Company, even if they are linked from the Website.

11.3 Access to or use of third-party services may be subject to separate terms and privacy policies. Your dealings with any third party are solely between you and that third party unless expressly stated otherwise.

11.4 Company is not liable for interruptions, errors, delays, security events, outages, content issues, or functionality limitations caused by third-party services or infrastructure.

12. Monitoring, Security, and Enforcement

12.1 Company does not undertake any obligation to monitor Website activity for your benefit. We may, however, monitor use, investigate conduct, preserve records, and take technical or legal action as we deem appropriate to protect the Website, our rights, users, or third parties.

12.2 Company may block IP addresses, limit requests, remove content, deny access, preserve logs, cooperate with law enforcement, or disclose information where required or permitted by law.

12.3 Company's failure to act in a particular instance does not waive any right to act in the future.

13. Disclaimer of Warranties

13.1 THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

13.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, RELIABILITY, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.

13.3 COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF WEBSITE CONTENT, INCLUDING ANY ARTICLES, RESOURCES, TESTIMONIALS, CASE STUDIES, OR AI-RELATED INFORMATION MADE AVAILABLE THROUGH THE WEBSITE.

14. Limitation of Liability

14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE WEBSITE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE WEBSITE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100.00).

14.3 THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14.4 Some jurisdictions do not allow certain disclaimers or limitations of liability, so portions of this section may not apply to you to the extent prohibited by law.

15. Indemnification

15.1 You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, contractors, licensors, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Website; (b) your violation of these Website Terms; (c) your submissions, content, or information; (d) your violation of law or third-party rights; or (e) your misuse of any information obtained through the Website.

15.2 Company may assume exclusive control of the defense of any matter subject to indemnification, and you will cooperate as reasonably requested.

16. Arbitration, Class Action Waiver, and Governing Law

16.1 Any dispute, claim, or controversy arising out of or relating to these Website Terms or the Website shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, except that either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property, confidential information, or other rights pending completion of arbitration.

16.2 The arbitration shall take place in New Jersey, unless the parties agree otherwise. The arbitrator's decision shall be final and binding and may be entered in any court of competent jurisdiction.

16.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN ANY CLASS ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY.

16.4 These Website Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles, except to the extent federal law applies.

17. Changes to the Website and Website Terms

17.1 Company may modify, suspend, discontinue, or update the Website or any portion of it at any time.

17.2 Company may revise these Website Terms from time to time by posting an updated version on the Website and updating the effective date. Unless otherwise stated, changes are effective when posted.

17.3 Your continued access to or use of the Website after updated Website Terms are posted constitutes acceptance of the revised Website Terms.

18. Miscellaneous

18.1 Entire Agreement. These Website Terms, together with any policies expressly incorporated by reference, constitute the entire agreement between you and Company regarding the Website.

18.2 Severability. If any provision of these Website Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

18.3 Assignment. You may not assign or transfer these Website Terms without Company's prior written consent. Company may assign these Website Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets.

18.4 No Waiver. No waiver by Company of any provision or breach shall be deemed a waiver of any other provision or breach.

18.5 Contact. Questions regarding these Terms and Conditions may be directed to:

PEAKO Enterprises, LLC

Email: [email protected]

Mailing Address:

10 Vreeland Dr, Suite 106

Skillman, NJ 08558

18.6 Force Majeure. Company shall not be liable for any delay, interruption, or failure in performance of the Website resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, internet or telecommunications outages, power failures, labor disputes, governmental actions, civil unrest, war, pandemics, failures of third-party service providers, or failures of telecommunications carriers or infrastructure providers. The Company will use commercially reasonable efforts to restore Website functionality following any such event.

19. Lexi Meter Marketplace Application Schedule

19.1 Scope of this Schedule. This Section 19 supplements the foregoing provisions of these Website Terms and specifically governs use of the Lexi Meter application ("Lexi Meter" or the "Meter App"), a usage-metering and billing application developed and operated by Company and distributed through the HighLevel marketplace ("HighLevel" or the "Marketplace Platform"). In the event of a conflict between the general provisions of these Website Terms and this Section 19 with respect to the Meter App, this Section 19 controls. Use of the Meter App is also subject to HighLevel's then-current developer, marketplace, and end-user terms, and continued availability of the Meter App is contingent on Company's good standing with HighLevel.

19.2 Description of the Meter App. The Meter App tracks usage of the Lexi AI platform within installed HighLevel agency and sub-account environments, including call durations, message volumes, and related conversational events, and posts corresponding billing charges to the HighLevel wallet system at rates configured by the installing agency. Specific functionality, pricing, and caps are described in the Meter App's marketplace listing and at https://9percenter.com/lexi-meter-pricing- (or such successor URL as Company may designate).

19.3 Eligibility and Installation. To install or use the Meter App, you must (a) have an active HighLevel account in good standing with appropriate administrative permissions; (b) have an active Lexi AI platform subscription with Company, or be an authorized sub-account under an agency that does; (c) be at least eighteen (18) years old and capable of forming a binding contract; and (d) accept these Website Terms, the Lexi AI Master Services Agreement, and HighLevel's applicable terms.

19.4 Usage-Based Billing.

(a) The Meter App posts billing charges to the HighLevel wallet system based on the actual usage events generated by the Lexi AI platform within the installed environment.

(b) Charges are calculated at the per-unit rates published at https://9percenter.com/lexi-meter-pricing- or such successor URL as Company may designate from time to time. Rates may include separate components for call minutes, inbound messages, outbound messages, AI-generated responses, and other usage units.

(c) Installing agencies may configure markup percentages applicable to their sub-accounts using HighLevel's App Reselling functionality. When markup is configured, Company's wholesale rate is debited from the agency wallet and the marked-up rate is debited from the sub-account wallet, with the differential retained by the agency. Company is not responsible for setting, collecting, or enforcing agency markup amounts beyond the technical operation of the HighLevel billing system.

(d) Charges are posted in substantially real time as usage events occur. Settlement, wallet recharge, and payment processing are handled by HighLevel pursuant to HighLevel's billing terms.

(e) Company may modify rates upon thirty (30) days' prior notice posted at the pricing URL, in the Meter App, or by email to the installing agency. Installations existing at the time of a rate change are honored at the prior rate for ninety (90) days following the change.

19.5 Usage Caps and Suspension.

(a) The Meter App supports daily and monthly usage caps configured by the installing agency on a per-sub-account basis. When a cap is reached, the Meter App will pause additional usage tracking for the affected sub-account until the next applicable billing period or until the cap is increased by an authorized administrator.

(b) Cap-related pauses may result in interruption of Lexi AI platform functionality within the affected sub-account. The installing agency is responsible for setting caps appropriate to its business model and communicating cap behavior to its sub-accounts.

(c) Company may impose technical limits on maximum cap values, minimum cap values, or cap modification frequency to protect Meter App stability and the integrity of the HighLevel wallet system.

19.6 Disputed Charges.

(a) An installing agency or sub-account may dispute a wallet charge posted by the Meter App by contacting Company in writing at the addresses provided in Section 18.5 within thirty (30) days of the disputed charge. The dispute notice must identify the specific charge, the disputed amount, and the basis for the dispute.

(b) Company will investigate disputed charges in good faith and respond within ten (10) business days. Where Company determines that a charge was posted in error, Company will issue a corresponding wallet credit through the HighLevel wallet system.

(c) Charges not disputed within thirty (30) days are deemed accepted and final.

(d) Disputes regarding HighLevel wallet settlement, agency-set markup amounts, or billing disputes between an agency and its sub-accounts are not within Company's responsibility and must be resolved between the relevant parties or through HighLevel's dispute mechanisms.

19.7 Uninstallation; Effect on Charges and Data.

(a) An installing agency or sub-account may uninstall the Meter App at any time through the HighLevel marketplace.

(b) Upon uninstallation, the Meter App ceases tracking new usage events for the uninstalled installation. Usage events occurring prior to uninstallation, including events generated during the billing period in which uninstallation occurs, remain subject to billing as described in Section 19.4.

(c) Uninstallation triggers the data retention and deletion practices described in Section 19 of Company's Privacy Policy, including revocation and deletion of OAuth credentials.

(d) Uninstallation does not entitle the installing agency or sub-account to a refund of charges posted prior to uninstallation, except where required by law or where Company determines a refund is appropriate in connection with a disputed charge under Section 19.6.

19.8 Service Availability.

(a) Company will use commercially reasonable efforts to maintain availability of the Meter App but does not guarantee uninterrupted access. The Meter App's availability is dependent on the availability and stability of the HighLevel Marketplace Platform, HighLevel's billing APIs, and the Lexi AI platform.

(b) Company is not responsible for usage events, charges, or service interruptions arising from outages, errors, or limitations affecting the HighLevel Marketplace Platform, the HighLevel wallet system, or other infrastructure beyond Company's control.

(c) Where the Meter App experiences a verified outage affecting billing accuracy that exceeds twenty-four (24) consecutive hours, Company will, at its discretion, issue good-faith wallet credits to materially affected installations.

19.9 Restrictions on Use of the Meter App. In addition to the restrictions set forth in Section 3, you may not, and may not permit any third party to: (a) use the Meter App to track or bill for activity unrelated to legitimate Lexi AI platform usage; (b) manipulate, fabricate, or artificially inflate usage events for the purpose of generating wallet charges; (c) interfere with the Meter App's usage tracking, cap enforcement, or billing functions; (d) access, intercept, or attempt to derive information about usage events generated by other installations or other customers; (e) circumvent or attempt to circumvent any HighLevel marketplace or developer policy; or (f) use the Meter App in a manner that violates HighLevel's then-current terms.

19.10 Agency Reseller Obligations.

(a) An installing agency that configures markup or otherwise resells Meter App functionality to its sub-accounts is solely responsible for: (i) communicating accurate pricing, billing, and cap information to its sub-accounts; (ii) ensuring its own customer agreements and disclosures adequately describe usage-based metering and reselling; (iii) complying with applicable laws regarding billing transparency, consumer protection, and consent; and (iv) addressing billing inquiries, complaints, or disputes raised by its own sub-accounts in the first instance.

(b) The installing agency agrees to indemnify and hold harmless Company from any claims, damages, or liabilities arising from the agency's reselling practices, customer communications, or disputes with its own sub-accounts in connection with the Meter App.

19.11 Modifications to the Meter App. Company may modify, update, suspend, or discontinue the Meter App or any portion of it at any time. Where modifications materially adversely affect existing installations, Company will use commercially reasonable efforts to provide advance notice through the Meter App, the marketplace listing, or by email to the installing agency.

19.12 Survival. Sections 19.4(d) (rate change honor period), 19.6 (disputed charges, with respect to charges incurred prior to termination), 19.7(b)–(d) (effect of uninstallation), 19.10(b) (agency reseller indemnification), and any other provisions that by their nature should survive, will survive termination or uninstallation of the Meter App.

19.13 Relationship to HighLevel. Company is an independent developer participating in the HighLevel marketplace and is not affiliated with, endorsed by, or sponsored by HighLevel. References to HighLevel in connection with the Meter App identify the Marketplace Platform on which the Meter App operates and do not imply any partnership, agency, or joint venture. HighLevel is not a party to these Website Terms or to any agreement between Company and any installing agency or sub-account.