Terms & Conditions for Top 1%

Terms of Business Peaksage International AB

TERMS OF BUSINESS - TOP 1 %
Valid as of 11th of December 2023

General

1. Peaksage International AB (“Peaksage”) provides services in the form of the program Top 1 %.
   These terms apply between Peaksage and the user (“The User”) of Peaksage’s services (“The Services”).
2. The Services provided are developed for coaches, therapists, and similar service-providing business owners and their employees and are not intended for consumers. By entering into agreement with Peaksage the User confirms that the User is not doing so in a capacity of a consumer.
3. Peaksage only provides services to Businesses. 
4. These Terms of Business together with Peaksage’s General conditions and any special conditions agreed upon in writing between Peaksage and the User, together constitute the full agreement between the parties. In the event of any conflict or inconsistency between these documents, the following order of precedence shall apply:
5.       Special conditions agreed upon in writing between the parties.
6.       These Terms of Business
7.       Peaksage’s General conditions.
   
   
   

Access to the Services

1. Services included are: 

• TOP 1% Library
• Unlimited support in our TOP 1% FB group
• Weekly group coaching 
• Unlimited 1:1 Business mentoring calls
• Unlimited 1:1 Emotional support
• The Million Euro Pathway & The Million Euro Funnel
• The Peak system with all training, frameworks, and templates
• Access to CRM system Online Coach Buddy free of charge (as long at the user is a member in Top 1%, after this, the user are free to decide to continue using the CRM system as a regular subscription)

1. In order to access the Services, the User must register a user account in a web portal provided by Peaksage. For certain parts of the services, the User may also need to register an account with Third Party services provider, such as social media platforms, messaging apps, or certain software providers. Peaksage has no responsibility for the User’s agreements with such Third Parties.
2. The User is responsible for ensuring that all information provided by the User during registration and when communicating with Peaksage and other Users, is correct.
3. When registering, the User must provide a user a username and password

("Login Information''). The Login Information is personal and may not be used by anyone other than the User unless otherwise is explicitly stated by Peaksage in writing. The User is responsible for keeping the Login Information secret so that others cannot gain unauthorised access to it. If the User suspects unauthorised use of the Login Information, the User must immediately notify Peaksage.

Fees and Payment

1.   The following fees apply.

1. The User may only use his or her own credit card and payment information.
2. All amounts in these Terms of Business, on Peaksage’s website, and in other communication are shown excluding VAT unless otherwise explicitly stated.
3. Upon the failure of the User to pay in full any instalment or invoice issued by Peaksage, within the specified due date, the User is obliged to pay default interest according to the provisions of the Swedish Interest Act (räntelagen (1975:635)). Furthermore, if the User fails to pay within 48 hours of the due date, the User’s access to the web portal will be temporarily suspended and the User will not be allowed to use the web portal or participate in meetings until the User has paid both principal and default interest in full.

Adaptations and changes

1. Peaksage reserves the right to change the fee and other conditions for the Services. The change must be published on Peaksage’s web page or otherwise notified to the User no later than thirty (30) days before the change takes effect. In the event of such changes, the User is entitled to terminate the subscription with effect from the day on which the change takes effect. In the event of termination of the subscription, the User is obliged to pay for the Services in accordance with the regulations regarding Termination in these Terms of Business. If the User does not cancel the subscription before the change takes effect, it shall be considered acceptance of the change.
   
   

Liability

1. Peaksage’s aggregate and total liability under the Agreement shall be limited to direct damages and to an amount equal to 50 % of the fees paid by the Customer during the year when the incident causing the loss occurred.
2. The User assumes the sole responsibility and liability in relation to any content and the Service Provider does not assume any responsibility for any content used, published, or uploaded into the Service by the User and the User agrees to indemnify and hold harmless Peaksage against any claims for infringement or otherwise in relation to any materials or content provided by or on behalf of the User.
3. When using and implementing knowledge the User has gained through the Services, it is the User's own responsibility at all times to ensure compliance with the national and local laws. Peaksage shall in no event be liable for any loss of profit, revenue, business savings or goodwill, loss of data, or the Customer’s obligation to compensate any third party or any indirect or consequential damage whatsoever.

The User’s efforts and obligations

1. In order to get the most out of the course, the User must be active during and after the course. In this connection, the User must actively make use of the Services including advice, guidance, workshops, tools, etc. as well as communicate with other Users.
2. The User must, upon request from Peaksage, report his/her monthly revenue during the time of use of the Services.
3. The User is responsible for using the services included and made available in the course in practice.
4. In social media groups, special group rules may apply which are stated upon entry to the groups. The User is obliged to comply with these and behave accordingly and is aware that failure to comply with the group rules in the individual social media groups may mean exclusion from one or more of these groups. If the User should be excluded from one or more common social media groups, this does not affect the User's access to teaching material, group meetings, and help via e-mail, as well as any additional services listed under the purchased product. The user does not have the right to access social media groups if conditions are not met. Exclusion from a social media group does not affect the User’s obligations to pay the fees for the Services.
   

Information obligation

1. During the time of use of the Services and/or during an active payment commitment, the User must, in the event of a change in company status (e.g. deactivation of the business), notify Peaksage as soon as the change has taken place.
2. In a case where the User's company's VAT number is changed and/or deactivated during the time of use of the Services and/or during an active payment commitment, the User must notify Peaksage as soon as the change has taken place.
3. During the time of use of the Services and/or during an active payment commitment, the User must inform Peaksage in the case where the registered payment card (used to pay for Peaksage's services) is not linked to the User's registered company.
4. During the time of use of the Services and/or during an active payment commitment, the User must inform Peaksage if the User is not a signatory for the company that was registered when purchasing and using Peaksage's services.

Intellectual property and non-competition

1. Any material provided by Peaksage to the User in the online course, at bootcamps and other events, or in any other form is the sole Intellectual Property of Peaksage and may not be used by the User for any other purpose or in any other context than what is explicitly allowed by Peaksage.
2. The User may not actively, directly, or indirectly, compete with Peaksage’s business by selling or marketing services similar to those provided by Peaksage to any of Peaksage’s existing customers.
3. If the User is found infringing on Peaksage’s intellectual property or competing with Peaksage,  Peaksage may immediately terminate the contract with the User.

Sales guarantee

1. Peaksage guarantees that the User with the Top 1 % program will reach total sales revenue of 100 000 Euro, provided that the following conditions are met:
2. The User fulfills his/her obligations according to “The User’s efforts and obligations”, including but not limited to reporting revenue each month and attending at least four meetings per month.
3. The User follows the payment plan and pays all fees on time.
4. If the guaranteed sales are not reached within 12 months, the User may continue to participate in the program free of charge until the guaranteed sales number has been reached.

Contract period and termination of the contract

1. The initial contract period is 60 days unless otherwise agreed between the parties. after 60 days the contract can not be determined before after 12 months. After 12 months this contract is a running subscription that can be determined with 30 days notice.
2. If the User does not terminate the contract at least thirty days prior to the end of the contract period, the contract is automatically extended for monthly.
3. The User may terminate the Contract prematurely at any time with immediate effect. If the Contract is prematurely terminated the User must pay the termination fees listed according to these Terms of Business.

Applicable law and Place of jurisdiction

1. This contract is governed by the laws of Sweden.
2.  Any disputes are initially sought to be resolved via dialogue between the Peaksage and the User.
3. Any dispute, controversy, or claim arising out of or in connection with this Agreement, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of Swedish courts, with the Malmö District Court as the court of first instance.