1. Introduction
1.1 This agreement governs the entire relationship between you and Peak Focus, a company providing services via the website www.getpeakfocus.co.
1.2 Before entering into a distance contract with us, you will be provided with the text of this Agreement electronically or in another durable format. If this is not reasonably possible, we will indicate, before the distance contract is concluded, in what way this Agreement is available for your review at our premises and that it will be sent free of charge to you, as soon as possible, at your request.
1.3 By using our services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not agree with any part of this Agreement, please refrain from using our services.
1.4 This Agreement contains a mandatory arbitration provision as further set forth in Section 17 below, which requires the use of arbitration on an individual basis to resolve disputes rather than jury trials or any other court proceedings, or class actions of any kind.
2. Definitions
2.1 Some terms are defined in the introductory part of this Agreement. Unless this Agreement provides otherwise, wherever used in this Agreement, including the introductory part, the following terms when capitalized shall have the following meanings:
(a) Agreement – The agreement for providing services and/or goods concluded online by Peak Focus and the Client.
(b) Client – User of Peak Focus’ services and/or the buyer of goods as explained in this Agreement.
(c) Offer – The offer to enter into this Agreement of services and/or goods provided by Peak Focus to the Client through the Website or Mobile app.
(d) Privacy Policy – The privacy policy of Peak Focus published on the Website or Mobile app.
(e) Services – The digital content provided by Peak Focus to the Client, as well as the accessibility to the Website or mobile app, including information, text, images offered or provided there.
(f) Digital Content – Digital content or individual digital plans and/or other digital content sold from time to time online by Peak Focus.
(g) Goods – Supplements or other products in digital form sold online by Peak Focus.
(h) Distance Contract – A contract concluded between Peak Focus and the Client within the framework of a system organized for the distance sale of digital content and/or goods.
(j) Website – The website of Peak Focus available at www.getpeakfocus.co.
(i) Company – Peak Focus, email: hello@getpeakfocus.co, which is responsible for the services provided via the Website and Mobile app and the sale of digital Goods.
3. Submission Of The Offer
3.1 Peak Focus will provide the Client with the possibility of receiving an offer.
3.2 The Client will be asked to provide certain information before receiving the offer by choosing provided options or typing requested details. The Client is obliged to provide current, correct, and comprehensive information that is requested.
3.3 Upon submission of the information established in Section 3.2 of this Agreement, the Client will be provided with the offer. The offer will include information on the following:
3.3.1 Payment amount for the relevant services and/or goods,
3.3.2 Payment options: via credit card or other allowable payment form,
3.3.3 Other information Peak Focus finds important to include in the offer.
3.4 Accepting the Offer
3.4.1 The Client accepts the offer once he/she/they choose a payment plan/method for the services.
4. Distance Contract
4.1 The distance contract will be concluded at the moment when the Client accepts the offer as indicated in paragraph 4.2.1.
4.2.1 As the Client will accept the offer electronically, Peak Focus will confirm receipt of the acceptance of the offer electronically. In case the Client purchases digital content, such will be provided to the Client’s e-mail address provided by the Client or on the mobile app.
4.3 In case the agreement between Peak Focus and the Client consists of digital content that is not supplied on a tangible medium, the Client agrees to lose his/her right of withdrawal of the agreement.
4.4 Peak Focus makes reasonable efforts to ensure that services operate as intended; however, such services are dependent upon the internet and other services and providers outside the control of Peak Focus. By using Peak Focus’ services, the Client acknowledges that Peak Focus cannot guarantee that services will be uninterrupted, error-free, or that the information it contains will be entirely free from viruses, hackers, intrusions, unscheduled downtime, or other failures. The Client expressly assumes the risk of using or downloading such services.
4.5 From time to time and without prior notice to the Client, Peak Focus may change, expand, and improve the services. Peak Focus may also, at any time, cease to continue operating part or all of the services or selectively disable certain aspects of the services. Any modification or elimination of the services will be done at Peak Focus’ sole and absolute discretion and without an ongoing obligation or liability to the Client, and the Client’s use of the services does not entitle the Client to the continued provision or availability of the services.
4.6 The Client furthermore agrees that:
4.6.1 He/she/they shall not access services (including purchasing goods) if he/she is under the age of 18;
4.6.2 The Client will deny access to services to children under the age of 18. The Client accepts full responsibility for any unauthorized use of the services by minors.
5. Payments
5.1 During the period of validity indicated in the offer, the price for the services and/or goods being offered will not increase, except for price changes in VAT tariffs.
5.2 The Client agrees to:
5.2.1 Pay all additional costs, fees, charges, applicable taxes, and other charges that can be incurred by the Client. Please note that for goods orders, local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customer’s expense.
5.2.2 Purchase services and/or goods by using a valid credit card or other allowed form of payment.
5.3 After the Client is transferred to the third-party payment service provider, the risk of loss or damages will pass to the Client and/or the third-party service. The Client’s online credit or debit card payments are secured through 3D-Secure protection services. The Client’s payment information is encrypted using Secure Sockets Layer (SSL) technology. Peak Focus does not store any credit or debit card information.
5.4 Refund Policy
5.4.1 Peak Focus offers a 14-day satisfaction guarantee for the services purchased. If the Client is not satisfied with the services, they may request a refund within 14 days of the date of purchase.
5.4.2 To request a refund, the Client must contact Peak Focus at hello@getpeakfocus.co within the specified refund period, providing their name, contact information, and order details.
5.4.3 Peak Focus will review refund requests on a case-by-case basis. Refunds will be issued at the sole discretion of Peak Focus.
5.5 Money-Back Guarantee
If a customer expresses any form of dissatisfaction over our plans, they will be refunded if it is clear that they did not get visible results from our program.
5.5.1 Money-back Guarantee’s procedure:
- Contact us via email at hello@getpeakfocus.co within 14 days of making the initial purchase(i.e., the first time we charged you).
- Give reasons why you believe the plan didn’t work for you.
- Show evidence that you adhered to the instructions provided on our plans for at least 7 consecutive days (by providing completed worksheets).
You’ll need to wait between 1 to 3 business days for our Customer Service Team to review your request, after which a final decision will be given.
6. Use of the Services
6.1 The Client agrees to use the services only for lawful purposes and in accordance with this Agreement.
6.2 The Client agrees not to:
6.2.1 Use the services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
6.2.2 Use the services to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the services, or which, as determined by Peak Focus, may harm Peak Focus or users of the services or expose them to liability.
6.2.3 Use the services in any manner that could disable, overburden, damage, or impair the functionality of the services or interfere with any other party’s use of the services, including their ability to engage in real-time activities through the services.
6.2.4 Use any robot, spider, or other automatic device, process, or means to access the services for any purpose, including monitoring or copying any of the material on the services.
6.2.5 Use any manual process to monitor or copy any of the material on the services or for any other unauthorized purpose without our prior written consent.
6.3 User Accounts
6.3.1 The Client may be required to create an account to access certain features of the services. When creating an account, the Client agrees to provide accurate and complete information and to keep their password secure.
6.3.2 The Client is responsible for all activity that occurs under their account, and they agree to maintain the security and confidentiality of their account username and password.
6.3.3 The Client agrees not to share their account credentials with any third party or allow any third party to access their account.
7. Intellectual Property Rights
7.1 All intellectual property rights in the services, including any content, features, and functionality, are owned by Peak Focus or its licensors and are protected by copyright, trademark, and other laws.
7.2 The Client may access and use the services for their personal, non-commercial use only. Any other use of the services, including but not limited to the reproduction, distribution, display, or transmission of any content, is strictly prohibited without the prior written consent of Peak Focus.
7.3 The Client may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the services, content, or intellectual property, in whole or in part, without Peak Focus’ prior written consent.
8. Privacy Policy
8.1 By using the services, the Client consents to the collection and use of their information as described in Peak Focus’ Privacy Policy, which is incorporated into and subject to this Agreement.
9. Termination of Agreement
9.1 This Agreement will remain in full force and effect while the Client uses the services or is a Client. The Client may terminate their account at any time by contacting hello@getpeakfocus.co or following the instructions on the Website.
9.2 Peak Focus may terminate or suspend the Client’s account and access to the services, at its sole discretion, for any reason, including if Peak Focus believes the Client has violated this Agreement.
10. Liability and Indemnification
10.1 To the fullest extent permitted by law, Peak Focus disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
10.2 In no event will Peak Focus be liable to the Client or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from or in connection with the services, or any goods or services purchased through the services, even if Peak Focus has been advised of the possibility of such damages.
10.3 The Client agrees to indemnify, defend, and hold harmless Peak Focus and its affiliates, officers, directors, employees, agents, and representatives from and against any and all losses, damages, liabilities, claims, demands, suits, or expenses (including reasonable attorney’s fees and court costs) arising from or related to the Client’s use or misuse of the services, violation of this Agreement, or infringement by the Client or any third party using the services through the Client’s account, of any intellectual property or other right of any person or entity.
11. Amendments
11.1 Peak Focus reserves the right to change, modify, or revise this Agreement at any time. Notice of any change, modification, or revision will be posted on the Website or provided to the Client through other reasonable means. The Client’s continued use of the services following the posting of changes will constitute their acceptance of such changes.
12. Entire Agreement
12.1 This Agreement constitutes the entire agreement between the Client and Peak Focus with respect to the services and supersedes all prior or contemporaneous understandings and agreements, whether oral or written.
13. Contact Information
13.1 For questions, comments, or concerns regarding this Agreement, please contact us at:
Email: hello@getpeakfocus.co