1. peekd MERCHANT T&Cs
1.1. peekd makes online sales data available to its clients via API or online interface. Online merchants “Merchant” can get a website benchmarking in return for sharing their sales data with peekd.
1.2. To provide the benchmarking services to online Merchants, peekd will at least need access to Merchant’s Google Analytics Core Reporting API. Merchant explicitly states that he has the requisite authority and rights to enter into this Agreement and provide access to the data.
1.3. peekd uses Merchant’s account to retrieve several core KPIs of his online performance and sends Merchant an overview of its own KPIs vis-a-vis other companies in Merchant’s geography and vertical.
1.4. Additionally, peekd extract and stores and of Merchant’s historic and live online sales and makes these available to peekd’s licensing partners.
1.5. Merchant permits peekd to use, copy, store and use for analyses of all and any kind and pass on or sell to any third party all and any contained in the Data Sources.
2. MERCHANT OBLIGATIONS
2.1. Merchant may not make available any Personal Data to peekd, which means that his Data Sources must not contain any Personal Data (such as IP addresses, so that Merchant needs to use the Google Analytics AnonymizeIP function). “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
2.2. Merchant shall be liable to peekd for all damages and expenses that arise out of any violation of Merchant’s obligations governed under Section 4.1 and that Peekd may consider necessary under the circumstances, and shall indemnify Peekd against all claims of any third party that such third party may raise based on a violation of Merchant’s aforesaid obligations. This shall not apply if Merchant proves that he is not responsible for the violation
3.1. Merchant explicitly confirms that financial losses arising out of the contract under no circumstance can be foreseen to exceed 1.000 Euros, so that Peekd’s aggregate liability is restricted to 1.000 Euros.
3.2. Except for liability under Section 2.1, Peekd shall not in any event be liable (or in any way legally responsible) for third party claims, lost profits, loss of business, loss of reputation or good will, and/or any other indirect or consequential damages.
3.3. For the loss or corruption of data, Peekd’s liability shall be restricted to such damages that would have arisen if Merchant had backed up his data in a suitable form at intervals adequate for the application, so that such data can be recovered with reasonable effort. Merchant is referred to the fact that failure of Merchant to perform his own data backups may lead to claims for damages against peekd based on data losses being excluded.
3.4. Liability for any other damages shall be excluded.
3.5. peekd’s liability limitations shall also apply to any personal liability of Peekd’s officers, agents, employees and assistants.
4. TERM AND TERMINATION
4.1. The contract is made for an undefined period of time.
4.2. Merchant may terminate the contract by sending an email to email@example.com.
5. AMENDMENTS TO THE TERMS AND CONDITIONS
5.1. Amendments to these Terms and Conditions shall be offered to Merchant no later than two months prior to the proposed date of their effectiveness, by means of an email to the email address of Merchant’s Peekd account.
6. FINAL PROVISIONS
6.1. The contract shall be governed by and construed in accordance with the laws of the Federal Republic of Germany without giving effect to conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. If Merchant is a consumer, this choice of law shall be without prejudice to the application of rules of the law of the country where Merchant has his habitual residence, which cannot be derogated from by contract.
6.2. Except for payment claims, Merchant may not assign any rights and obligations arising from this contract or the contract as a whole to any third party, without the prior written consent of Peekd.
6.3. Peekd may assign any rights arising from this contract or the contract as a whole to any third party without Merchant’s consent. If Peekd announces an assignment of the contract as a whole – namely not in cases of assignment of payment claims –, Merchant may terminate the contract affected by the assignment, without any notice period or cost, prior to the point in time of the effectiveness of the assignment or, if communicated after the effectiveness of the assignment, within two weeks.
6.4. Other terms and conditions of either party shall not apply. The contract including these Terms and Conditions constitutes the entire agreement between the parties with regard to the subject matter hereof. There are no side agreements.
6.5. Should one or more of the provisions of these Terms and Conditions be or become invalid or unenforceable, the validity and enforceability of the other provisions thereof shall not be affected.