2PEAK AG Terms & Conditions


OVERVIEW

2PEAK depicts training and nutrition numerically to create highly individual and adaptive training and nutrition plans for its users.
The calculation are based on parameters that the user specifies, such as time budgets, goals and other settings, and the user’s activity and nutrition log, which can be entered manually and/or by uploading data that has been previously acquired such as training data acquired using a sport watch, biometric data from a scale and/or subjective data entered manually. The more objective data is available, the better quality and individually the output can be calculated for the user.
In addition, 2PEAK can in certain cases predict ideal user settings and/or parameter changes (for example: time scheduling, training zones etc.) when there is the data to allow it, or such becomes available. It is therefore that 2PEAK encourages its users to make their relevant data available, for which we commit to use it only for the intended and here above defined purpose.

1. General Terms, Definitions

1.1 2PEAK runs a (web/mobile) service called 2PEAK for the creation of training and nutrition plans for endurance athletes.

1.2 The terms used below are defined and understood as follows:

User: A registered subscriber of training and/or nutrition services at 2PEAK. A user has to be 16 years of age.
Coach: A coach who looks after the user and is mediated by 2PEAK.
Data: There are 4 categories of Data as outlined below:

a) Personal data: personal identification and contact information of the user, such as name, surname, gender, DOB, nationality, address, country of residence, time zone, email address, phone number, etc.
b) Training data: such as, activity type, duration, location incl. GPS track, cadence, hearth rate, speed/pace, power, elevation, temperature, calories burned, etc.
c) Nutrition data: such as, food allergies, preferred nutrients, disliked nutrients, logged meals and foods, calories ingested and expended, etc.
d) Biometric data: such as weight, height, body temperature, sleep data, resting hearth rate and its variability, respiratory rate, etc.

1.3 Responsible persons and contacts: Quevita AG, Industriestrasse 78, 4600 Olten, is responsible for the collection and processing of personal data within 2PEAK and its online shop.

1.4 2PEAK offers training and nutrition services to its users, which if not otherwise stated, are charged based on the current price list in the shop.

2. Services and Compensation

2.1 2PEAK produces training and nutrition plans for its users and provides storage space for logging data from accomplished training.

2.2 The current prices are shown here: Product Overview. All prices include the V.A.T. or sales taxes if applicable. If 2PEAK provides services not contained in the price list, they will be priced according to separate agreement.

2.3 2PEAK makes its services available as soon as payment has been authorized.

2.4 2PEAK reserves the right to increase prices.

2.5 All data that the user enters on the page can be used by 2PEAK to create the desired services.

3. User rights

3.1 The user can utilize the 2PEAK service for his personal use only, unless he has acquired a coaching license. Forwarding 2PEAK services or sharing them with a third party, for profit, is in no case permitted.

3.2 Violation of the user agreement will be instantly penalized by expulsion.

3.3 The user is obliged to store his username and password in a safe place and away from unauthorized usage. The user will inform 2PEAK instantly if he suspects that unauthorized persons have gained access to such information. 2PEAK can not be held liable for damages arising from unauthorized usage. This is also valid if an unauthorized person gains knowledge of a username and/or password.

3.4 2PEAK will only make user data available for export to external formats if the legitimate user requests it.

4.Guarantee

4.1 2PEAK guarantees the service free of faults that would reduce its value or suitability for ordinary usage. A negligible reduction in value or suitability will not be considered. The user acknowledges that it is impossible to provide a totally flawless system when at the cutting edge of technology.

4.2 In case of bugs or faults the user is bound to notify 2PEAK instantly. Such notification must include an accurate description of the error.
The user will make available to 2PEAK all information and documents necessary to analyze and resolve the problem and will cooperate with 2PEAK as far as possible to resolve the issue.

4.3 If the investigation reveals that there was neither a fault nor a bug caused by 2PEAK, then 2PEAK can request a refund based on the hourly costs at market price.

4.4. 2PEAK does not guarantee the accuracy of the training content.

5. Privacy Policy

2PEAK is committed to protecting your privacy. The data that 2PEAK stores will be kept confidential and used only for the contractually agreed purpose. It will not be handed over to third parties*.

By using 2PEAK you explicitly allow 2PEAK the use of the data, including health data, you make available to provide the services you subscribed to, You retain the rights to your data.
Training is personal and in order to insure that we serve you to the best of our knowledge we do need to communicate with you, including making your current or next planned workouts available. We do this using email or mobile notifications or using messages on our website. We also periodically send you a newsletter containing updates to our services, knowledge in training, health or nutrition-related topics or our special offers. You can always adjust if or how you want to receive our notifications in our notification center.

Ultimately you can always delete your account here.
This will erase ALL your data that is linked to you (as specified under 1.2), including all training files and logs and this is irreversible, meaning it cannot be undone once submitted. The only data fields that remain with 2PEAK after you delete your account are: name, surname, email address, sport, language preference, date of account deletion, ID and your payments. This is because payments must remain traceable in 2PEAK's accounts. If the user has not made any payments to 2PEAK, all data, including that listed above, will be deleted. Consequently, 2PEAK is no longer able to reconstruct whether a user has ever been registered with 2PEAK.

6. Availability of 2PEAK.com

6.1 2PEAK reserves the right to restrict or at times reduce the availability of its server and services. Such restrictions can be due to uncontrollable events, such as strikes, or technical or other issues which may impede optimum or complete performance of 2PEAK's services.

6.2 2PEAK will not take accept liability for damages or claims arising from reduced availability of services.

7. Limited liability

7.1 2PEAK's liability - irrespective of the legal grounds - only arises if the damage was caused by the culpable breach of an essential contractual obligation in such a way that the achievement of the purpose of the contract was jeopardised or is based on gross negligence or wilful intent on the part of 2PEAK. In all other respects, liability is excluded. Claims for damages which are not excluded by this document will be limited to typical and foreseeable damages, except in case of intent and gross negligence on the part of 2PEAK or its management, in the absence of a guaranteed feature, insofar as the purpose of the guarantee was to protect the user from such damages, or in case of claims under the Product Liability Act.

7.2 If 2PEAK is held liable for breach of an essential contracted duty without intent or negligence, then the liability shall be limited to the value of the contracted agreement. 2PEAK's liability for loss or /and restoration of data is limited to the conditions as outlined above and only in cases where the loss could not be limited or prevented by the user. The user is to obey the law, in particular those relating to privacy and data protection. In the case of claims from a third party related to unlawful behavior in whatever form, the user is to release 2PEAK from all possible claims and cover any costs that might arise in this regard.

7.3. THE USER EXPRESSLY AGREES THAT 2PEAK IS NOT PROVIDING MEDICAL ADVICE VIA THE SITE. The user declares that he is using 2PEAK.com at his own full responsibility. In particular, he is aware that the information and data available on 2PEAK are not a substitute for consulting a medical doctor. 2PEAK stresses that all workouts and training plans could be potentially harmful and cause injuries or death. Therefore 2PEAK emphasizes consulting a medical doctor before using its training and/or nutritional plans.

THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND 2PEAK.

7.4 The user will not hold 2PEAK and/or its employees, directors and officers, liable for claims against coaches offering services through the 2PEAK platform.

8. Damages

8.1 Liability for damages will be limited to one year from the time the claimant has become aware of the circumstances leading to the claim. In any case, liability for damages will be limited to 2 years after the event is claimed for.

9. Changes to these Terms & Conditions

9.1 2PEAK reserves the right to amend these Terms and Conditions at any time. The Site is not intended for and is not designed to attract children under 16 years of age. If you do not agree with the Terms, please do not use this Site. BY CONTINUING TO USE THE 2PEAK OFFER, THE USER DECLARES THAT HE/SHE ACCEPTS THE MODIFICATION OF THESE TERMS AND CONDITIONS AND THEIR REVISIONS.

9.2 The validity of these T&C's will not be affected if 2PEAK adds divisions or and in particular adds and/or renames segments under 2PEAK.com.

10. Governing Law, place of jurisdiction, miscellaneous.

10.1 These Terms and Conditions shall be governed and construed in accordance with Swiss law and the parties submit to the exclusive jurisdiction of the Swiss court in Olten. 2PEAK may, at its own discretion, choose to go to court at the resident court of the plaintiff.

10.2 These Terms and Conditions are governed exclusively by Swiss law. The German version of these Terms and Condition is the valid and applicable version. Translations in other languages are done to the best of our knowledge but in case of contradiction, the german version remains applicable.

10.3 In case individual or multiple articles in these terms and Conditions become ineffective, impracticable or late, this shall not affect the validity of the terms and conditions as a whole. In such a case, the related law of the land shall replace any ineffective or impracticable clause. The same applies if these Terms and Conditions should contain omissions of statutory regulations. In such a case the relevant law shall be used.

These terms and Conditions are subject to Swiss law. The Court of jurisdiction for all claims is Olten.


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