Terms & Conditions

1. Applicability

1.1. The general terms and conditions apply to every agreement for services between a client and PeakPersonality (hereinafter: “PP”), as well as all persons affiliated with and all third parties engaged by PP for the execution of any instructions.

1.2. In case of conflict between the general terms and conditions and the agreement, the provisions of the agreement shall prevail.

2. Execution of the Engagement

2.1. PP shall provide all services to the best of its ability and in accordance with professional standards. Accordingly, PP shall only be bound by and liable for a best-efforts obligation regarding the intended services.

2.2. PP shall determine the way the engagement will be executed and by whom. In situations in which the engagement is explicitly intended to be performed by a specific natural person, the Articles 7:404 and 7:407(2) of the Dutch Civil Code will not apply.

2.3. PP may engage third parties for the execution of instructions, including applications to share or store data in a cloud or otherwise. If PP engages a third party, PP is not liable towards the client for any damage caused by an action or omission made by this third party, unless the claim is a result of a professional error on the part of PP.

2.4. PP shall not be held liable for any failure to fulfill obligations due to circumstances beyond its reasonable control.

3. Use of Services

3.1. The client agrees to use the services provided by PP in an ethical manner and in full compliance with all applicable laws and regulations, including but not limited to those related to sports ethics and business conduct.

4. Data and Privacy

4.1. The client recognizes and accepts that the Client acts as Data Controller and PP acts as Data Processor for the personal data of the client and its athletes and employees. PP shall process the data solely based on the instructions of the client.

4.2. PP will process this personal data in compliance with the applicable data protection legislation (including the EU General Data Protection Regulation 2016/679 and its national implementing legislation).

4.3. PP will use these personal data for the purpose of helping improve the performance of the clients individual athletes or employees and the overall performance of the client.

4.4. Identifiable personal data will be kept for as long as we provide your organisation with our services, and for a subsequent period of two years to allow for longitudinal analysis and follow-up services. After this period, PP is authorized to irreversibly anonymize the data. Since such anonymized or aggregated data does not contain personal data, PP may use datasets indefinitely for research, development, benchmarking, and the improvement of its services.

4.5. The client shall indemnify PP for any damage suffered by the unlawful use of its personal data by third parties who were not authorized to do so, except if PP is in any way responsible for the event giving rise to the damage.

4.6. PP shall not be held liable for any failure to fulfill obligations due to circumstances beyond its reasonable control.

4.7. Data Exports: If the client or its authorized users export or download data from PP's systems, the client acts as an independent Data Controller for that copy of the data. The client is solely responsible for the secure storage, lawful processing, and appropriate retention periods of such exported data under GDPR. PP shall not be held liable for any data breaches or unauthorized use occurring after the data has been transferred out of PP's controlled environment.

4.8. Account Security and Credentials: The client is solely responsible for maintaining the confidentiality and security of all access credentials (including usernames, passwords, and access tokens) to PP's systems, platforms, and dashboards. The client explicitly agrees to prevent unauthorized access and ensures that credentials are not shared with, disclosed to, or used by any third parties. The client shall implement and maintain appropriate local technical and organizational security measures (such as using strong passwords and securing local devices) to safeguard access to its accounts. PP shall not be held liable for any unauthorized access, data breaches, or damages resulting from the client's failure to protect its access credentials or maintain adequate security protocols.

5. Fee and Payment

5.1. The client will owe PP the agreed fee.

5.2. Unless it is explicitly indicated otherwise, fees and expenses owed by the client will be increased by the applicable turnover tax (VAT) as required by law.

5.3. The services rendered shall in principle be charged on a term agreed with the client, subject to payment within 14 days from the date of the invoice.

5.4. A standard down payment of 25% is required at the start of the engagement.

5.5. For ongoing fixed-price contracts, fees shall be adjusted annually based on inflation. In this contract, inflation is defined as the percentage change in the Consumer Price Index (CPI).

6. Intellectual Property

6.1. PP reserves all intellectual property rights in relation to products of the intellect that PP has developed within the framework of the execution of the engagement in respect of which PP holds or can exercise copyrights or other intellectual property rights.

6.2. It is explicitly prohibited to reproduce, publish, or use for commercial purposes, whether alone or involving third parties, the products PP has developed, including our reports and designs. In addition, all knowledge, methodologies, and analytical methods provided by PP during training sessions, as well as any materials made available as part of the engagement, are strictly protected. These may not be copied, distributed, or applied beyond the intended scope of use. It is only allowed to reproduce the written documents for own internal use insofar as this is in line with the purpose and duration of the engagement.

7. Termination of the Agreement

7.1. The client may terminate the engagement at any time, but only by giving written notice, respecting the agreed contract terms.

7.2. PP reserves the right to terminate the engagement immediately if it becomes aware of any use of it services that it deems unethical or illegal.

7.3. If the engagement is terminated, the client will owe the fees for the work carried out by PP before the end of the engagement.

8. Governing Law

8.1. All engagements contracted between the parties and the negotiations of these engagements shall be governed by the laws of the Netherlands.