Terms & Conditions

1. Scope and provider

1. These Terms govern the use of the website peakteams.io and the PEAKTEAMS service (the "Service"). PEAKTEAMS is a product of Libaty GmbH, Am Krummen Graben 23, 63150 Heusenstamm, Germany, registered at the Amtsgericht Offenbach am Main under HRB 54881 ("we", "us").
2. They apply to everyone who creates an account ("you"). Team members who only answer a survey through a personal invitation do not need an account; sections 6 and 7 describe how their answers are protected.
3. Deviating terms of users do not apply unless we expressly agree to them in writing.

2. Early access and prices

1. The Service is currently offered free of charge as early access. Features may be added, changed or removed while we develop the Service.
2. We may introduce paid plans in the future. We will inform you at least 30 days in advance. Paid features only apply to you if you actively book them; we will never charge you retroactively for use during the free period.

3. Your account

1. You must be at least 16 years old to create an account.
2. Your information must be accurate. Keep your password confidential and tell us immediately if you suspect misuse of your account.
3. An account is personal and may not be shared with other people.
4. If you create an account on behalf of an organisation, you confirm that you are authorised to act for it.

4. The Service

1. The Service lets you create teams, invite team members to online surveys, and view aggregated results with interpretations and suggestions. It also offers free assessments and self-tests.
2. Results are based on the answers given and on our methodology. They are meant to support reflection and conversation in the team. They are not a medical, psychological or clinical diagnosis, and they are not a basis for employment decisions about individuals (such as hiring, promotion, pay or dismissal).
3. The self-tests, including the Burnout Test, are for self-reflection only. If you are concerned about your health, please consult a doctor or another qualified professional.

5. Responsibilities of team owners

1. As a team owner you decide whom to invite. You may only invite people you work with in the team concerned, and only if you have a legal basis for sharing their names and email addresses with us.
2. Tell your team members about the survey, its purpose and our Privacy Policy before or when you invite them. Participation must be voluntary.
3. In organisations with employee representatives (in Germany, for example, a works council), their involvement may be required before a survey is run. Checking and arranging this is your responsibility or your organisation's.
4. Organisations that need a data processing agreement (Art. 28 GDPR) can request one at legal@peakteams.io.

6. Confidentiality of responses

1. Team owners see survey results only in aggregated form and only once a minimum number of team members have responded, as described in our Privacy Policy.
2. You must not try to find out how individual team members answered, for example by comparing results, asking people to reveal their answers, or inviting people under a false identity. You must not put pressure on anyone to take part or treat anyone differently because of their participation or their presumed answers.

7. Acceptable use

You must not use the Service to:

• send invitations or other messages to people who are not members of your team, or send unsolicited messages (spam);
• upload or send unlawful, offensive or misleading content;
• infringe the rights of others, including privacy and intellectual property rights;
• test, bypass or break our security measures, or access data that is not intended for you;
• overload the Service, or access it automatically (for example by scraping) except through interfaces we provide for that purpose.

If you breach these rules, we may block content or temporarily or permanently suspend your account. We will take your legitimate interests into account.

8. Content and rights

1. You keep all rights to the content you enter (such as team names and descriptions). You grant us the rights needed to store, process and display this content in order to provide the Service.
2. We may use aggregated, anonymised data that no longer relates to any identifiable team or person to improve our methodology and the Service, and to create statistics such as benchmarks.
3. The Service, including its software, questionnaires, methodology, texts and designs, is protected by copyright and other rights. Your right to use the software is set out in our Software Licence.

9. Availability

We aim to keep the Service available and working, but we do not guarantee any particular availability. Interruptions can occur, for example for maintenance, updates or because of problems with our providers or the internet. We do not owe you any service levels while the Service is free of charge.

10. Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), and where we have given a guarantee.
2. For slight negligence, we are only liable for breaches of essential contractual obligations, meaning obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In that case our liability is limited to the typical damage that was foreseeable when the contract was concluded.
3. Apart from this, our liability is excluded.
4. These limitations also apply to the personal liability of our employees, representatives and vicarious agents.
5. While the Service is free of charge, the statutory privileges for gifts and loans also apply where they are more favourable to us than the rules above.

11. Term, termination and deletion

1. The contract runs for an indefinite period.
2. You can end it at any time by deleting your account in your account settings or by emailing us at legal@peakteams.io. Deleting your account also deletes the teams you own, including their surveys and responses.
3. We can end the contract with 30 days' notice, or without notice for good cause, in particular a serious breach of these Terms. Before we end the Service for everyone, we will give you the opportunity to access your results.

12. Changes to these Terms

We may change these Terms if there is a valid reason, such as new features, changes to the law or case law, or security requirements. We will inform you of changes by email at least 30 days before they take effect. If a change requires your consent, we will ask for it. If you do not agree to a change, you can delete your account before the change takes effect.

13. Governing law and jurisdiction

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law does not deprive you of the protection of mandatory consumer protection provisions of the country where you habitually reside.
2. If you are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Offenbach am Main, Germany.
3. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

14. Final provisions

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions is not affected. The statutory provisions apply in place of the invalid provision.

15. Contact