Terms of Service

1 · Provider

2 · Scope and business customers

These Terms of Service apply to contracts for peaksly.AI services, in particular managed AI search visibility monitoring, baseline and deep-audit services, reports and expressly agreed add-ons.

The services are offered exclusively to businesses acting in the course of their trade or profession, public-law entities and special public-law funds. Consumers may not contract for the services. The customer confirms that it acts for business purposes.

Because peaksly contracts only with businesses and the public-law entities identified above, no statutory consumer right of withdrawal applies to these contracts. If an ordering party proves to be a consumer contrary to its statement, peaksly will not accept the order.

Individually agreed terms in the accepted proposal take priority. They are followed by the specific service description and, where applicable, a data processing agreement; these Terms apply in addition. Customer terms apply only if expressly accepted by peaksly in text form.

3 · Proposal and contract formation

Website presentations are not binding offers by peaksly. An order submitted through the ordering flow is the customer's binding offer to enter into the contract summarised there.

An automated or manual acknowledgement only records receipt and is not acceptance. peaksly reviews the customer’s business status, capacity, country and tax case, provider status and deliverability. A contract is formed only when peaksly sends an express order confirmation in text form. peaksly generally accepts or declines the customer offer within two working days. No call is required.

The contract consists of the order confirmation, the referenced order summary or individual proposal, the agreed service description, these Terms and, where applicable, the data processing agreement.

4 · Services

peaksly's services are services within the meaning of §§ 611 et seq. of the German Civil Code. peaksly owes the careful and professional performance of the agreed measurements, reviews and reports, but not any particular outcome. There is no acceptance in the sense of German contract-for-work law; Section 7 governs the review and correction of results.

peaksly provides a managed monitoring and analysis service. peaksly configures the agreed prompts, projects, markets and approved AI search engines, runs the agreed measurements, reviews notable results within the purchased scope and supplies the agreed reports or exports.

The accepted proposal and referenced service description exclusively determine the specific plan, number of prompts and projects, markets, languages, AI search engines, measurement frequency, control measurements, human review, report type and delivery route. Prompt and change allowances apply across all booked projects and expire at the end of the relevant service month unless expressly agreed otherwise. Included human review is a deliverable, not a transferable hour balance.

One-time setup is a fixed component of the standard plans. Within the agreed scope it covers brand, domain, project and market definition, prompt catalogue alignment, measurement plan, technical configuration, baseline test, review-rule calibration and delivery setup. Add-ons become part of the contract only when expressly accepted in the order confirmation. Merely selecting an item marked “conditional” or “subject to capacity review” does not constitute acceptance.

5 · AI search engines and result limitations

AI search responses are generated by independent third parties and can vary by time, model version, region, account, search mode, API measurement path and visible interface. peaksly documents the agreed path but does not promise identity between an API and a visible interface.

peaksly owes careful performance, traceable documentation and the agreed human review. It does not guarantee any rank, mention, citation, sentiment, reach, revenue effect or other commercial outcome. Observations and recommendations do not guarantee future third-party output.

If a third party changes or discontinues an interface, model or permitted measurement route, peaksly may reasonably adapt the measurement plan after notice, provided this does not materially impair the contract purpose. Material scope changes require agreement in text form. Third-party failures that cannot reasonably be recovered are identified transparently in the report.

6 · Customer duties

The customer provides accurate and complete information on its business, brands, domains, markets, competitors and objectives on time, names an available contact and gives necessary approvals without avoidable delay. In particular, it reviews the prompt catalogue, competitor selection and measurement plan before launch.

The customer ensures that all supplied content, brands, domains and data may lawfully be used. Credentials, special-category personal data and personal customer, employee or applicant data must not be submitted through general website forms or as prompts. Processing personal data on the customer's behalf requires prior express agreement and, where required, a data processing agreement.

If missing or late cooperation delays performance, affected dates move by a reasonable period. peaksly informs the customer of identifiable obstacles.

7 · Delivery, review and correction

Reports and other results are supplied through the route agreed in the proposal. The customer reviews them within a reasonable period and reports specifically identified technical or content errors. peaksly reviews justified complaints and corrects non-conforming results within a reasonable period.

Editorial assessments, priorities and professionally reasonable judgements are not errors merely because the customer or a third party reaches a different view.

8 · Fees, invoices and payment

The net prices in the accepted proposal apply, plus VAT as required by the relevant tax case. The first standard-plan invoice generally includes setup and the first service month; subsequent months are invoiced monthly in advance. Express terms in the accepted proposal take priority.

Invoices are payable in euros without deduction within seven calendar days of the invoice date. Service starts after full payment and completion of required cooperation. For non-SEPA payments, the customer bears fees charged by its bank or correspondent banks so that peaksly receives the full invoiced amount.

Statutory default remedies apply to late payment. After prior notice and a reasonable grace period, peaksly may withhold services not yet performed until payment. Further statutory rights remain unaffected.

9 · Term and termination

Standard plans have a minimum term of three months beginning on the first agreed measurement day. They then renew for successive one-month periods unless terminated in text form with one month's notice to the end of the applicable term. An individual proposal may expressly provide a different term or expiry without renewal.

One-time services end when fully performed. Either party may terminate for cause. Where the cause is a remediable breach, a reasonable cure period or prior warning is generally required.

10 · Usage rights

After full payment, the customer receives a non-exclusive, perpetual and worldwide right to use reports and results individually produced for it for its own business purposes, reproduce them internally and share them with its advisers. Agencies may share results with a named end client only where agreed.

Methods, templates, software, general analysis logic, non-customer-specific components and pre-existing know-how remain with peaksly. Publication, resale, white-label use or provision to unnamed third parties requires express agreement. Mandatory statutory rights remain unaffected.

For the contract term, the customer grants peaksly the rights in supplied materials needed to perform the services. The customer's name, logo or project results will not be used as a reference without separate express permission.

11 · Confidentiality and data protection

Both parties keep the other party's non-public business and technical information confidential and use it only to perform the contract. This does not cover information demonstrably public, lawfully obtained from a third party, independently developed or required to be disclosed by law.

peaksly processes personal data under applicable data protection law and its Privacy Policy. Where peaksly processes personal data on the customer's behalf, the parties enter into a data processing agreement before that processing begins. peaksly may use the technical providers and subprocessors identified in the proposal or privacy information.

12 · Force majeure and third-party outages

Neither party is liable for delay or failure beyond its reasonable control, including natural events, war, government action, widespread network or power outages, and failures of AI search engines or infrastructure providers not caused by that party. The affected party promptly informs the other and reasonably mitigates the impact. If a material impediment lasts more than 30 calendar days, either party may terminate the affected service component in text form.

13 · Liability

peaksly has unlimited liability for intent and gross negligence, culpable injury to life, body or health, under mandatory product liability law and to the extent of an express guarantee.

For a slightly negligent breach of a material contractual duty, liability is limited to the foreseeable loss typical for the contract at the time it was made. Material duties are those whose performance is essential to proper contract execution and on which the customer may regularly rely. Liability for other slight negligence is excluded. These limitations also benefit agents and subcontractors.

Customer decisions, publications and actions based on results remain the customer's responsibility, subject to the liability rules above. Statutory burdens of proof are unchanged.

14 · Changes to these Terms

The version incorporated when the customer submits its offer and identified in the order confirmation applies. New versions apply only to future contracts unless expressly agreed. Changes to an ongoing contract require agreement in text form; individual agreements remain controlling.

15 · Final terms

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where the customer is a merchant, public-law entity or special public-law fund, the parties agree to the competent court at peaksly's place of business for disputes arising from the contract. The same applies where a jurisdiction agreement with a customer having no general place of jurisdiction in Germany is legally permissible and validly made. Otherwise statutory venues apply.

peaksly is neither willing nor obliged to participate in dispute-resolution proceedings before a German consumer conciliation body. Independently of this, the services are offered only to businesses and the public-law entities identified in Section 2.

If any term is or becomes invalid, the remaining terms continue in effect and the statutory rule replaces the invalid term.

The German version is the controlling version unless the accepted proposal expressly designates English as the contract language.