Terms
and Conditions
The Peak Atlas HQ GmbH terms for business customers. 26 sections, clearly structured — with a floating overview on the left and one visual per section.
Provider and scope
The contracting party is Peak Atlas HQ GmbH, Eichhornstraße 5, 97070 Würzburg — registered with the Würzburg local court (Amtsgericht Würzburg), HRB 17790.
- Applies to advisory, consulting and managed services.
- Applies to software, platforms and digital tools.
- Applies to workshops, live formats and content.
- Exclusively toward businesses within the meaning of § 14 BGB.
- No contracts are concluded with consumers.
Contract components and order of precedence
In case of conflicts, this order of precedence applies — individual agreements take priority.
- Individual contract or order form
- Quote with service description
- Statement of Work
- Service level agreement
- Data processing agreement
- These terms and conditions
Conclusion of contract
Quotes are non-binding unless expressly designated as binding.
- Signature or electronic confirmation
- Completion of an online ordering process
- Express order confirmation
- Start of service delivery on request
Text form, in particular electronic, is sufficient.
Peak Atlas services
Peak Atlas provides its services with the professional care customary in the industry. Consulting and support are services — the activity is owed, not a particular business outcome.
- Methods, processes and tools are chosen on the customer's own responsibility.
- Use of affiliated companies and subcontractors is permitted.
- Further development through equivalent solutions possible.
- Additional services only by separate agreement.
No guarantee of success, revenue or leads
Peak Atlas does not guarantee:
- Revenue, profits or cash flows
- Cost savings
- Leads, inquiries or appointments
- Response, appointment or closing rates
- Rankings, reach or advertising results
- Investments or financing
A guarantee of success exists only if the contract expressly designates it as a “guarantee.”
Customer's duties to cooperate
The customer provides in good time all information, data, approvals and access required for performing the services.
- Naming a responsible contact person
- Responsibility for the accuracy and currency of all information
- Lawfulness of the data and content provided
- Review of results before productive use
- Deadlines are extended appropriately if cooperation is delayed.
Dates and performance of services
Dates are binding only if expressly agreed as binding.
- Deadlines begin upon conclusion of the contract and advance payment.
- Partial performance is permitted.
- Delays due to force majeure extend deadlines.
- Material delays will be communicated.
Software and platform access
For the duration of the contract, the customer receives a simple, non-exclusive, non-transferable right of use to the agreed extent.
- Treat access credentials as confidential
- Use secure passwords
- Do not share accounts
- Block access for departed employees
- Report security incidents without delay
Resale, reverse engineering, circumvention of security restrictions and any unlawful or fraudulent use are prohibited.
Artificial intelligence and automation
Services may use AI, machine learning and automated decision support.
- AI results may be incomplete or incorrect.
- The customer remains responsible for decisions and publications.
- AI does not replace legal, tax or financial advice.
- Enter sensitive data only into approved systems.
- Customer data is not used for public models without a legal basis.
Third-party providers and external systems
Peak Atlas may use hosting, CRM, payment service providers, advertising and analytics platforms and AI services as third-party providers.
- Customer and third-party providers may enter into their own contracts.
- Advertising budgets and licenses are included only if expressly agreed.
- No liability for outages outside Peak Atlas's sphere of influence.
- Peak Atlas assists with error analysis and alternatives.
Knowledge content, Academy and live formats
Videos, templates, workshops and live sessions support business consulting — a particular learning outcome is not owed.
- Curriculum or certificate only if expressly agreed
- Distance Learning Protection Act observed where applicable
- Recordings only with prior information and a legal basis
Fees and payment terms
All prices are net, plus the applicable VAT.
- Setup, analysis and onboarding fees due upon conclusion of the contract
- Recurring fees in advance for each billing period
- Standard billing period: one calendar month
- Payment term: 7 calendar days from receipt of invoice
- Travel and third-party costs charged separately, only with approval
Late payment and suspension of services
In case of late payment, the statutory default interest and consequences apply.
- Suspension after reminder and reasonable deadline
- Immediate suspension in case of refusal to pay, indications of fraud or security risks
- Payment obligation continues during the suspension
- Activation after payment in full
Term and termination
The start of the contract and the minimum term are set out in the individual contract.
- Without a minimum term: 30 days to the end of the month
- With a minimum term: termination possible for the first time at its end
- Thereafter indefinite term with 30 days’ notice to the end of the month
- Text form is sufficient — email is enough
- Termination for good cause remains unaffected
Consequences of termination
When the contract ends, time-limited software, platform and content access ends.
- Timely data export by the customer
- Reasonable period for data transfer possible
- Deletion in accordance with retention periods and the data processing agreement
- Perpetual usage rights to fully paid deliverables remain
Usage rights and intellectual property
Peak Atlas retains its rights to existing methods, frameworks, templates, software, trademarks and know-how.
- After payment in full: non-exclusive, perpetual right to use the individual result
- Use for own business purposes, including modification
- No resale, no sublicensing, no competing use
- Source code and internal prompts only by express agreement
Confidentiality
Both parties treat the other party’s confidential information as strictly confidential.
- Trade and business secrets
- Customer, employee and financial data
- Strategies, prices and calculations
- Access credentials and technical documentation
The obligation continues for five years after the end of the contract — trade secrets beyond that.
Privacy policy
Both parties comply with the applicable data protection laws.
- Separate data processing agreement where required
- Customer is responsible for the lawfulness of the data provided
- Appropriate technical and organizational measures
- Mutual support for inquiries and security incidents
Reference mentions
The customer's name, logo, statements or results are used as a public reference only with prior consent.
- Consent can be limited to content, media or time periods
- Anonymized insights may be used without consent
Defects and malfunctions
The customer reports apparent defects without delay and as specifically as possible. Peak Atlas is given the opportunity to remedy them.
- Service: defective where professional care is lacking
- Software: defective in case of reproducible, significant deviation in function
- No defect in case of problems within the customer's area of responsibility
- No defect in case of outages of external systems
Liability
Peak Atlas is liable without limitation in cases of intent, gross negligence, and injury to life, body or health.
- Slight negligence: only typical, foreseeable damage
- Liability cap: net fees of the last 12 months
- For terms under 12 months: the agreed net fee
- Data loss only up to the cost of recovery
- Provisions also apply to governing bodies and vicarious agents
Indemnification for infringements
The customer indemnifies Peak Atlas against justified third-party claims arising from data, content or business models provided by the customer.
- Includes reasonable legal defense costs
- Peak Atlas informs and enables cooperation
- Does not apply where Peak Atlas is responsible for the breach
Force majeure
No liability for delays caused by events beyond reasonable control.
- Natural disasters, war, terrorism, pandemics
- Official measures, strikes, power outages
- Large-scale internet or infrastructure outages
- Significant cyberattacks despite protective measures
If it lasts longer than 60 days, the affected part of the service may be terminated.
Set-off and retention
The customer may only set off claims that are undisputed, finally established by a court, or arising from the same contract.
- Right of retention only from the same contractual relationship
- Mandatory statutory rights remain unaffected
Changes to the terms and conditions
For new contracts, the version of these terms and conditions included at the time the contract is concluded applies.
- Changes to existing contracts require consent
- Change proposals for new laws or security standards
- Silence does not constitute consent
Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- Place of jurisdiction: Würzburg (for merchants and public-law legal entities)
- Peak Atlas may also sue at the customer's general place of jurisdiction
- Contract language: German
- Severability clause in case individual provisions are invalid