Peakz Terms of Use 

Peakz is a membership platform that enables Athletes to be supported by their Fans and/or Scouts and Brands. One of our core behaviors is to put Athletes in the spotlight so that fans and brands may engage with them and can become Scouts. These terms attempt to safely, fairley and transparently guide these behaviours on our platform. 

General Terms and Conditions 

By using Peakz you agree to these terms.

These are Peakz’s terms of use, and they apply to all users of the Peakz platform. “We,” “our” or “us” refers to Peakz B.V. and our subsidiaries. “Peakz” refers to this platform and the services offered by us.

By using Peakz you agree to these terms and to the other policies we post. Please read them carefully at our Policy page and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookie policy. Peakz collects and uses your information in accordance with those policies.

You are solely responsible for the data released in relation to your request of funds from Fans / and or Scouts. This also applies to adhering and complying to all laws, regulations and obligations that you have entered into during your request for funding on the Peakz platform. 

By using (in the broadest sense) the Peakz platform you give Peakz ownership of the Personal data and materials (including but not limited to pictures, photographs, film, video and text) you enter into and onto our platform. This also means that you give Peakz the non-exclusive global rights to use your materials (as mentioned above) for marketing purposes, forgoing royalties and other comparable and related costs, even if your request for funding has ceased or had been terminated on the Peakz platform . You and you alone are responsible for any and all licences and royalties on the aforementioned materials. This is explicitly not the responsibility of Peakz. 

We reserve the right, at our sole discretion, to change or modify parts of these terms of use at any time. When we do so, we will post the revised terms of use on this page and will indicate the date of such revision.
Your continued use of the Peakz Platform after the date of any such changes constitutes your acceptance of the new terms of use. To the extent allowed by law, the English version of these terms of use is binding and other translations are for convenience only. If you do not wish to accept the new terms of use, you may discontinue your use of the Peakz platform.

In addition, when using the Peakz platform, and unless you are in the European Economic Area, the United Kingdom and Switzerland (“Europe”), you will be subject to additional applicable policies including without limitation, the Privacy Policy. All such guidelines or rules are hereby incorporated by reference into these terms of Service (provided, however, that these terms of service take precedence in the event of a dispute). We shall resolve any such disputes at our sole discretion and all of our decisions are final and binding.

Your Account

You must be at least 13 years old to register for an account as an Athlete and/ or as a fan. To become an athletes’ scout, pay to watch the online challenges between athletes or when having to pay for any other other services for which payment is required or become a funded athlete on the Peakz platform you must be 16  years old or have permission from your parents or legal guardians.

You are responsible for your account and when you create an account you must provide us with accurate Personal data.

You (and/or your legal guardian) are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us by sending email to support@peakz.com immediately if and when you believe your account has been compromised. You can read more on this topic on our Security Policy page.

Abusive Conduct

You are responsible for all activity on your account. If you violate our policies we may decide to terminate your account. This decision will be made at our discretion and can not be attested. 

Don’t do anything illegal, abusive towards others, or anything other that abuses our site in a technical way. If you are an Athlete raising funds on Peakz, we cannot be held accountable for what you do with those funds. You can find more detailed information in the Community Guidelines and Security Policy. We will regularly update these policies to cover all relevant forms of abusive conduct.  

Athletes

An Athlete is someone who asks for funding to Fans and / or Scouts on Peakz. There are a lot of details here involving payments, fees, taxes and restrictions which you should read in full if you are an Athlete. Athletes are only accepted on our platform if they are (but not limited to):

  • Performing / Playing their sports as a or to become a full-time professional athlete
  • Performing their sports at the highest national leagues or higher. This can be based on their age.
  • Not younger than 13. If younger than 13, parents / legal guardians should contact Peakz on support@peakz.com

Peakz reserves the right to adjust these terms at any time, and unilaterally decides to disable accounts if it appears that these terms are not met after review.

Funding

To become an Athlete on our platform, simply sign-up and create your profile to start your account on Peakz. With an account on Peakz as an Athlete you can participate in the funding campaigns provided by Peakz. These funding campaigns are a service Peakz provides to the Athletes on the Peakz platform to become better funded to be able to reach the top in their sports. 

You’re inviting (your) fans to be part of your ambitions and give them unique benefits they want, like being able to become your Scout, seeing unique content of you competing in a (sports) challenge, (unique) online challenges with other athletes, like online battles. In return, fans and or Scouts can fund you on Peakz (see the website for the different options available) on an incidental basis. Also, when you participate in a sponsored challenge on Peakz. You can invite your fans to vote for your video where you are performing the sponsored challenge and support you so you can win the challenge and with that get funded. In the event of a sponsored challenge funding can be provided by the sponsor, and the funding is considered a sponsorship where you, the athlete, and the brand will go into a sponsorship agreement.

Payments

As an Athlete you make your account and content available on Peakz, and we provide you with access to your Fans and / or Scouts. We can ask fans and or scouts to pay an amount to get access to all content. The payment for the (first) sponsored challenge ‘Break Boundaries’ on Peakz is done via bank transfer, paypal or any other chosen payment solution. Peakz decides the best solution for this payment. A member of the Peakz team will contact you when you won the challenge (EUR 750,-) / are runner up (EUR 250,-) of the challenge and or was one of the early birds who won EUR 75,-, to receive the amount as agreed in the challenge rules, via email. The challenge is sponsored by Peakz and all payments done with regards to the challenge is considered to be a sposnorship, where you – the athlete – and Peakz have a sponsorship agreement with a one-time payment. 

You will receive statements by Peakz / confirmations of Peakz of the payments. 

Please note that the above mentioned process is  a temporary solution. All future payments, whether related to challenges or supporting funds through scouts, all payment will be done by a payment provider formally and  contractually linked to the Peakz platform. When this is active, we will add all relevant information of the payment flow and related terms and conditions and privacy regulations here.

Tax

The payments made to you are excluding any taxes. You are responsible for the payments of taxes due over the received amounts to the relevant authorities. We collect tax identification information and report this to tax authorities as legally required.

Restrictions

We don’t allow content and benefits that violate our policies. You can learn more by visiting our Community Guidelines and the specific rules of the challenge. A summary of those rules is that we don’t allow:

  • Illegal content or benefits.
  • Contents or benefits that are abusive towards other people.
  • Content or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
  • Content with real people engaging in sexual acts (18+ content).

If your fans and / or scouts include people under the age of 16, then please remind them that they need permission to pay for the services on Peakz that fund your sports career, and those under the age of 13 cannot use Peakz. We are not required to allow any particular person or group of persons to be your scout.

As an Athlete you are also responsible for keeping fan and / or scout  data safe. 

An account is tied to your content output and athletic results and cannot be sold or transferred for use by another Athlete.

All About Being a Fan / Scout

A fan is someone who joins Peakz to support an Athlete and / or to enjoy unique content provided by athletes.  A scout is someone who funds an Athlete. Depending on your mutual engagement and preferences you can donate any amount or incidentally pay for the provided and / or requested services.

You can cancel your account at any time, refunds are not available, but you can stop any periodical or future planned donation per the cancellation of your account or by a date indicated by you. 

To become a fan / and or scout, simply create an account, add your preferred payment method (when available), enjoy the unique content where athletes battle to win from other athletes in sponsored challenges and / or in online battles and join an Athlete’s journey to success!

We attempt to screen for fraudulent Athlete profiles, but cannot guarantee the identity of Athletes or the validity of any claims they make. We appreciate your help reporting suspicious Athlete profiles so we can keep Peakz safe.

If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial membership subscription.

Depending on your location, some banks may charge you a foreign transaction fee for your payments. Peakz does not control this charge, but it is typically around 3%. Please contact your bank for more information.

Refunds
Our policy is No Refunds, though we will allow for some exceptions where refunds are granted in our sole discretion or where legally mandatory.

Peakz’s Role

We proactively look at some profiles and all content on Peakz and review reported profiles to identify potential violations of our guidelines.

We proactively look at some profiles and all content on Peakz to make sure Athletes follow our Community Guidelines and, ehave appropriate on our platform participate in our challenges in a manner that is befitting and compliant to all all rules, policies and guidelines.
We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Peakz.

In most situations we will work with Athletes to resolve any potential violations and allow the Athlete to continue using Peakz. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

Please let us know if you see potential violations of our Community Guidelines. 

As a global company based in the Netherlands with operations in other countries, we must comply with economic sanctions and trade restrictions This means that Peakz cannot take part in transactions that involve designated people, places, or items that originate from those places. 

We are constantly testing out new features with the goal of making Peakz better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Peakz account or perform actions on your behalf. This permission is asked for when you connect your Peakz account to these other websites or services. You can learn more in our Privacy Policy.

Account Deletion

You can delete your account by sending an email to Peakz, support@peakz.com. We can disable your account at our discretion.

You can permanently delete your account at any time by sending an email to support@peakz.com. On the Privacy policy page you can see what information is deleted and what we continue to store after the account is deleted.

We can terminate or suspend your account at any time at our discretion. We can also remove any descriptions, posts or benefits at our discretion.

You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.

These terms remain in effect even if you no longer have an account.

Your Content

By uploading content onto the Palz platform, you give Peakz non-exclusive ownership of said content and you give us permission to use it as laid out in the policies.  The content uploaded / creator on Peakz is responsible to have permission to use content that you offer on Peakz.

By posting content on Peakz you grant Peakz a royalty-free, perpetual, irrevocable, exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is strictly limited to allow Peakz to provide and promote. Peakz for the benefit of Athletes. We will never try to steal your content or use them in an exploitative way. We will create snippets of your uploaded content to promote the Peakz platform, including the online (sport) challenges. By uploading the video to participate in a challenge provided by Peakz, you give Peakz permission to upload the video on Peakz’ youtube channel.

You may not post content that infringe others’ intellectual property or proprietary rights.

Fans / Scouts may not use content posted by Athletes in any way not authorized by the Athlete.

You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content without any compensation to you. 

Third-party apps
You may grant Peakz access to your third-party accounts, such as Google, YouTube, Facebook, Instagram, Twitter, and Twitch, in order for some Peakz features to operate. Each time you connect your third-party account, that third-party account will present a page that describes the information that Peakz can access.
At any time, you can revoke Peakz’s access to those accounts using the respective third party’s security settings page.

These are the links for each service:

Google

Terms of Service

Privacy Policy

Revoke Peakz’s Access

YouTube

Terms of Service

Privacy Policy

Revoke Peakz’s Access

Facebook

Terms of Service

Privacy Policy

Revoke Peakz’s Access

Instagram

Terms of Service

Privacy Policy

Revoke Peakz’s Access

Twitter

Terms of Service

Privacy Policy

Revoke Peakz’s Access

Twitch

Terms of Service

Privacy Policy

Revoke Peakz’s Access

Peakz’s Content

Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. 

You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

Warranty Disclaimer

Peakz is provided “as is” and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

Limit of Liability

We will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we cannot guarantee that our Service will always function without disruptions, delays, or imperfections. Provided we have acted with reasonable skill and care, we do not accept responsibility for: losses not caused by our breach of these Terms or otherwise by our acts; losses which are not reasonably foreseeable by you and us at the time of entering into these Terms; any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content posted by others that you may encounter on our Service; and events beyond our reasonable control. Subject to the above and to the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Peakz. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Peakz. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Governing law

Dutch Law governs these terms and all other Peakz policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in the Netherlands.

Everything else

This agreement does not give rights to any third parties.

You cannot transfer your rights or obligations under this agreement without our consent.

Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Peakz after a change means you accept the new terms or policies.

If you use accessibility tools and have questions or concerns, please contact us at support@Peakz.com.

Effective immediately for users joining Peakz on or after May 15th, 2020.

Updated on: The 7th of June 2020