Peak B2B Terms of Service

These B2B Terms of Service (Terms) govern the use of the Peak software platform, including PeakDive, and related services provided by Peak Motion Labs GmbH, Hildburghäuser Straße 5, 52146 Würselen, Germany, registered with the commercial register of the Amtsgericht Aachen under HRB 30103 (Peak, Provider, we), to the business customer identified in the applicable Order Form or in the account registration (Customer).

The services are offered only to business customers, organizations, clubs, teams, schools, associations and other professional users. They are not offered to consumers. The person who registers an account, places an order or signs an Order Form confirms that they act for such a Customer and are authorized to bind it.

The commercial details for each customer are set out in an order form, written offer, accepted email offer or similar document (Order Form). The Order Form may define the service package, users, teams, fees, payment terms, term, start date and special terms.

For subscriptions purchased online in the Peak app, the plan, fees, billing period and any free trial shown at signup and checkout, together with the checkout confirmation, constitute the Order Form.

If an Order Form conflicts with these Terms, the Order Form controls for that specific order.

Peak provides a cloud software platform for sports-related team, coach and athlete organization. The exact features and service scope are defined in the Order Form and product description.

Peak supports planning, organization and review workflows, but does not guarantee training success, athletic performance, competition results or any specific operational outcome.

Unless expressly agreed in writing, Peak is not a medical device, medical record system, emergency communication system or regulated health service. Customer is responsible for how its staff, coaches and users interpret and use information entered into the platform.

Customer is responsible for selecting and managing its authorized users, account permissions, user access, invitations and deletion of users. Customer must ensure that only authorized persons access the platform and that login credentials are kept confidential.

If Customer invites coaches, staff, athletes, parents, guardians or other users, Customer is responsible for having the authority to do so and for giving any required notices or obtaining any required consents.

Customer owns the data, content and information it or its users submit to the platform (Customer Data). Customer grants Peak the limited right to host, process, transmit and display Customer Data as necessary to provide, secure and support the services.

Customer is responsible for the accuracy, legality and permitted use of Customer Data. Customer must not submit data that it is not legally allowed to process or share with Peak.

Peak may create and use anonymized and aggregated data derived from Customer Data and platform usage to operate, secure, analyze, improve and develop its services, provided that such data does not identify Customer, any user, any athlete or any other natural person and cannot reasonably be re-identified. Anonymized and aggregated data is not Customer Data and is not personal data.

Where Peak processes personal data on behalf of Customer, the Peak Data Processing Addendum (DPA) applies and forms part of the agreement. Customer acts as controller or business, and Peak acts as processor or service provider, unless the parties agree otherwise in writing. The current DPA is available at peakmotionlabs.com/dpa and is accepted together with these Terms; where the parties have signed a separate DPA, that DPA applies.

Customer is responsible for the legal basis, notices and consents required for its own processing activities, including where Customer processes data relating to athletes, minors, parents or guardians.

Customer and its users must not:

• use the services unlawfully or in a way that infringes third-party rights;
• attempt to disrupt, overload, reverse engineer or bypass security of the services;
• submit malicious code or use the services to transmit unlawful, harmful or abusive content;
• use the services for medical diagnosis, emergency decisions or regulated healthcare workflows unless Peak has expressly agreed to that use in writing;
• resell, sublicense, transfer, lease, share or provide the services to third parties except as expressly allowed in the Order Form.

Fees, billing periods and payment method are stated in the Order Form. Unless the Order Form states otherwise, invoices are due within 14 days from invoice date and fees are exclusive of applicable taxes.

Fees are paid through Stripe. Subscriptions purchased online are charged automatically at the start of each billing period to the payment method provided at checkout. Online purchases are sold through Link, a service operated by Stripe, which acts as merchant of record, calculates and collects applicable taxes and issues the invoice and receipt in its own name. Link's purchase terms apply to the payment transaction; these Terms govern the services. Peak never stores full payment card details.

Peak may change the fees for online subscriptions with effect for future billing periods by notifying Customer at least 30 days in advance. A change does not affect a billing period that has already been paid.

If payment is overdue, Peak may suspend access after giving reasonable prior notice, unless the unpaid amount is disputed in good faith.

If stated in the Order Form, fees for a fixed subscription term may be invoiced upfront as a one-time payment for the full term. Prepaid fees are non-refundable, except as provided in Link's purchase terms for online purchases, and except that if Customer terminates the agreement due to Peak's uncured material breach, Peak will refund the prepaid fees for the unused remainder of the term on a pro-rata basis.

The subscription term is stated in the Order Form. If no fixed term is agreed, the subscription runs monthly and may be terminated by either party with at least two (2) weeks' written notice to the end of a billing month.

Subscriptions purchased online renew automatically for successive billing periods of the same length (monthly or yearly) until cancelled. Customer may cancel at any time in the Peak app under Settings, Billing, or through the billing portal. Cancellation takes effect at the end of the current billing period; fees already paid are not refunded except as stated in Section 9.

A free trial ends automatically at the end of the trial period shown at signup. If no subscription is active after a trial has ended, or after a renewal payment has failed and has not been resolved, Peak may pause access to the services until a subscription is active. Customer Data is not deleted because of a pause; deletion after the agreement ends is governed by the DPA.

Either party may terminate for material breach if the breach is not cured within 14 days after written notice. Upon termination, Customer must stop using the services and pay all undisputed fees due up to the termination date.

Peak will use commercially reasonable efforts to keep the services available and to provide support during normal business operations. No specific service level agreement applies unless stated in the Order Form.

Peak may perform maintenance, updates and changes to the services, provided that it uses reasonable efforts to avoid unnecessary disruption. Customer must report errors and support issues with enough information for Peak to understand, reproduce and assess the issue.

Peak and its licensors retain all rights in the software, platform, documentation, technology, designs, workflows, know-how and service improvements. No ownership rights are transferred to Customer except for the limited usage rights expressly granted.

Customer receives no rights to source code, build artifacts or internal technical materials. Peak is not required to deliver source code or make it available for escrow unless expressly agreed in the Order Form.

Customer may provide feedback. Peak may use feedback without restriction, provided it does not disclose Customer confidential information.

Each party may receive confidential information from the other party. The receiving party must protect confidential information with reasonable care and use it only for purposes of the agreement. This duty does not apply to information that is public, already known, independently developed or lawfully received from a third party.

Peak will provide the services with reasonable skill and care and materially in accordance with the agreed service description. Peak does not warrant that the services will be uninterrupted or error-free.

Strict liability for defects that existed at the time of contract conclusion (verschuldensunabhängige Haftung) is excluded. Statutory warranty rights otherwise remain unaffected to the extent they cannot be modified between businesses.

Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for intent, gross negligence, injury to life, body or health, mandatory product liability or fraud.

For ordinary negligence, Peak is liable only for breach of essential contractual obligations (obligations whose fulfilment makes proper performance of the agreement possible and on whose fulfilment Customer regularly relies). In that case, liability is limited to typical, foreseeable damages. Unless the Order Form states otherwise, Peak's aggregate liability under the agreement is limited to the fees paid by Customer to Peak in the 12 months before the event giving rise to liability.

Peak is not liable for Customer's internal decisions, coaching decisions, athlete management decisions, unlawful data collection, missing consents or use of the services outside the agreed scope.

Peak may update these Terms with effect for the future. Peak will notify Customer of material changes in text form at least 30 days before they take effect.

If Customer objects to a material change in text form before the effective date, the previous version of these Terms continues to apply until the end of the then-current subscription term. Changes required by law, court or authority order, or necessary for security may take effect earlier.

Customer may not assign or transfer the agreement without Peak's prior written consent. Peak may assign the agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization or sale of all or substantially all of its assets, with notice to Customer.

Neither party is liable for a failure or delay in performance (except payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, governmental action, internet or power failures, or failures of third-party infrastructure providers, provided the affected party uses reasonable efforts to mitigate the impact.

The agreement is governed by the laws of Germany, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Unless mandatory law requires otherwise, the courts at Peak's registered office have jurisdiction.

If any provision of the agreement is or becomes invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

Contract notices must be sent to the contact details stated in the Order Form or, for online subscriptions, to the email address of Customer's account. Peak may send contract notices to the email address of Customer's account owner. Operational support requests may be sent to support@peakmotionlabs.com or another support channel designated by Peak.