1. Definitions

There are some words in these terms and conditions that PeakData would like to define.

Visitor” refers to you, the natural person accessing this website and accepting the terms and conditions of PeakData.

The Service Provider” refers to our company, PeakData AG and its affiliates (hereinafter PeakData).

Party” or “Parties” refers to both the Visitor and the Service Provider, or either the Visitor or the Service Provider.

All terms refer to the offer, its acceptance and termination will be concluded and governed by Swiss Law. The submission to Swiss Law does not exclude any consumer rights that you might have according to your national law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Privacy

PeakData complies with the legal requirements as stated in the Federal Act on Data Protection 1992; the Data Protection Act 2018; the General Data Protection Regulations and other laws and regulations relating to data protection and privacy when processing Personal Data (all together applicable laws). By using this website, you understand that your personal data will be collected, used, stored, transferred and disclosed in accordance with the privacy policy and applicable laws. PeakData is committed to protecting your privacy. Only authorized employees within PeakData and its affiliates will have access to your personal data. The access is based on the principle “need to know basis“. PeakData employees will only use information collected from visitors to provide services and/or to improve the website. PeakData constantly reviews its websites and data to ensure the best possible service to our visitors. To learn more about the PeakData Privacy Policy please read it here.

3. Visitor Requirements

Any visitor of this website owned and operated by PeakData must comply with the following:

  • the visitor is not allowed to use bots / automated means to crawl any software, applications, or websites owned or operated by PeakData
  • the visitor must not impair the visitor experience of other visitors through unfair use, malicious activity, or performing actions not typically expected as part of the normal operation of websites.
  • Security Leaks, Bugs, suspicious activity, or vulnerabilities, etc. should be reported to PeakData immediately, and the visitor is not allowed to deliberately (ab-)use them at any point in time.
  • the visitor is not allowed to store copies of the website information or data.
  • The visitor is not allowed to reproduce, transmit, display, broadcast and/or distribute without written permission of PeakData AG any content of this website. 

4. Disclaimer Exclusion and Limitation

The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, PeakData:

  • is not responsible for any misunderstandings or mistakes that you might have when reading information provided by PeakData or its affiliates in the agreements or policies or any other document and;
  • is not responsible for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether the loss of such profits was foreseeable, arose in the normal course of things or you have informed PeakData of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your rights as a consumer are affected.

5. Availability

The information and services offered on this website are only available to individuals aged eighteen or over. All advertising is intended solely for adults. You are responsible for evaluating the appropriateness for a particular purpose of services or products through this website. Redistribution or copying of any part of this website or its content is prohibited.

The Service Provider strives to provide the best availability of the service. Nevertheless, PeakData cannot warrant that this website will be uninterrupted, timely or error free. PeakData will try to fix any kind of error in reasonable due time. By using this website, you understand that PeakData, its employees, agents and affiliates are not responsible for any loss or damage, in whatever manner, howsoever you might suffer when using this website.

6. Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within PeakData on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

7. Cookies

Like most websites the PeakData’s websites uses cookies to enable us to retrieve visitor details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. If you would like to read more about the use of cookies at PeakData, please click on the following link.

8. Links from this website

The website may contain links to other websites or may contain features of any nature of other products or services provided by third parties. These websites; products and/or services are not under the control of PeakData or its affiliated companies and therefore, PeakData or its affiliated companies are not responsible for the contents of any websites; products and/or services, including without limitation any link or advertisement contained in a website, or any quality and/or safety claims against a product or services offered by a service provider.

Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by PeakData and should not be regarded as the publisher of such opinions or material.

Please be aware that PeakData is not responsible for the privacy practices, or content, of these sites. PeakData urges the visitors to be aware when they leave this website & to read the privacy statements of these sites.

The Visitor should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. PeakData will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

9. Copyright Notice

Copyright and other relevant intellectual property rights exist on all text, images, artificial intelligence, formulas, information relating to PeakData services, and the full content of this website.

PeakData’s logo is a registered trademark of this company in Switzerland and other countries. The brand names and specific services of this Company featured on this website are trademarked.

10. Force Majeure

Neither the Visitor or PeakData shall be liable to the other for any failure to perform any obligation under the terms and conditions which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made result outside of our control, which causes the termination of these terms and conditions, nor which could not have been reasonably foreseen.

11. Severity

If any of the clauses of the terms and conditions is defined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall ascribe only to such clause (s) or part of such clause(s) and the remaining part of such clause(s) and all other clauses of the terms and conditions shall continue to be in full effect and force. 

12. Waiver

Failure of either the Visitor or PeakData to insist upon strict performance of any clause of the terms and conditions or the failure of either Party to exercise any right or remedy to which it, s/he or they are entitled to hereunder shall not constitute a waiver thereof and will not amount to the inapplicability of those obligations. No waiver of any of the provisions of these terms and conditions shall be effective unless it is expressly stated to be such and signed by both Parties.

13. Notification of Changes

PeakData reserves the right to change these terms and conditions; the User Agreement; the Privacy Policy and/or the cookies statement. You will be informed about any material changes in this website. We recommend you to visit frequently our website to be aware of the last version of these terms and conditions.

PeakData will not notify you any amendments to the terms and conditions of its website.

14. Governing Law

These terms and conditions are created and ruled in compliance with the laws of Switzerland without reference to conflict of laws principles. The Visitor has the right to bring legal actions against PeakData in his/her country of residence as stipulated in the Consumer Rights Legislation.

These terms and conditions apply to all use of the website owned by PeakData. Your accessing of this website and/or using of services indicates your understanding, agreement to and acceptance of the full Terms and Conditions contained herein. 

15. Version

These terms and conditions were reviewed on the 7th January 2022.