Welcome to QuantumPeak GmbH. These Terms of Service ("Terms") govern your access to and use of QuantumPeak GmbH's website, products, and services (collectively, the "Services"). Please read these Terms carefully.
By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using our Services on behalf of a company, organization, or other entity, then "you" means both you and that entity, and you represent and warrant that you are authorized to bind that entity to these Terms and you agree to these Terms on that entity's behalf.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICES. If you have any questions about these Terms, please contact us at info@quantumpeak.ch.
Throughout these Terms, we use certain defined terms:
QuantumPeak GmbH is a software development company that provides various software development services, consulting, and products to businesses and individuals. Our specific services include but are not limited to:
We reserve the right to change, suspend, or discontinue any aspect of our Services at any time, including hours of operation or availability of the Services or any feature, without notice and without liability.
Some of our Services require account registration. When you register for an account, you must provide accurate, current, and complete information and maintain this information over time. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify QuantumPeak of any unauthorized use of your account or any other breach of security.
QuantumPeak reserves the right to disable any user account if, in our opinion, you have violated any provision of these Terms.
You agree to use the Services only for lawful purposes and in accordance with these Terms. Specifically, you agree not to:
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by QuantumPeak, its licensors, or other providers of such material and are protected by Swiss and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Unless otherwise indicated, all logos, service marks, trade names, and trademarks on the Services are the property of QuantumPeak or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta-tags or any other "hidden text" utilizing QuantumPeak's name or trademarks without our prior written permission.
Subject to these Terms, QuantumPeak grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
You retain all rights to any Customer Data you submit, post, or display on or through the Services. By providing Customer Data, you grant QuantumPeak a worldwide, non-exclusive, royalty-free license to use, process, and display your Customer Data solely for the purposes of providing and improving the Services.
If you provide QuantumPeak with any feedback, suggestions, or recommendations regarding the Services ("Feedback"), you hereby assign to QuantumPeak all rights, title, and interest in and to such Feedback. QuantumPeak will be free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback as it sees fit, without any obligation to you.
QuantumPeak takes the protection of your personal data seriously. Our collection, use, and processing of personal data in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.
In addition to our Privacy Policy, we comply with applicable data protection laws, including the Swiss Federal Act on Data Protection and, where applicable, the EU General Data Protection Regulation (GDPR).
If you are using our Services from outside Switzerland, please be aware that your information may be transferred to, stored, and processed in Switzerland where our servers are located and our central database is operated. By using our Services, you consent to the transfer of information to countries outside your country of residence, including Switzerland, which may have different data protection rules than those of your country.
The fees for our Services are listed on our website or will be provided in a separate written agreement. All fees are quoted in Swiss Francs (CHF) unless otherwise specified. You agree to pay all fees and charges incurred through your use of the Services. Fees and charges are non-refundable except as required by law or as explicitly provided in these Terms.
For subscription-based Services, you will be billed in advance on a recurring basis depending on your subscription plan (monthly, quarterly, or annually). You authorize QuantumPeak to charge your chosen payment method on a recurring basis until you cancel your subscription.
For project-based Services, payment terms will be specified in the applicable statement of work or contract. Typically, this will include an initial deposit and milestone payments.
All fees and charges are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for all such taxes, levies, or duties, excluding only Swiss taxes based on QuantumPeak's income.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by QuantumPeak in collecting such delinquent amounts.
QuantumPeak warrants that it will provide the Services with reasonable skill and care and substantially in accordance with any specifications provided to you. If we fail to comply with this warranty, we will use reasonable efforts to correct any defects or deficiencies in the Services. This is your exclusive remedy for any failure by us to comply with our warranty.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUANTUMPEAK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
QUANTUMPEAK DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. QUANTUMPEAK MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM QUANTUMPEAK OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUANTUMPEAK, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT QUANTUMPEAK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL QUANTUMPEAK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID QUANTUMPEAK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED SWISS FRANCS (CHF 100).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless QuantumPeak, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of QuantumPeak's content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Services.
These Terms will remain in full force and effect while you use the Services.
You may terminate your use of the Services at any time by discontinuing use of the Services and closing your account (if applicable). If you have a subscription, you may cancel it by following the instructions on our website or by contacting us at support@quantumpeak.ch.
QuantumPeak may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
No refunds will be provided upon termination unless required by law or as explicitly stated in these Terms.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the Services, you and QuantumPeak agree to first try to resolve the dispute informally by contacting the other party. If we cannot resolve the dispute informally, any controversy or claim shall be settled as follows:
If you are a consumer based in the European Union, the dispute shall be settled in accordance with the laws of your country of residence, and you may also be entitled to use an alternative dispute resolution platform provided by the European Commission.
If you are based in Switzerland or any other country (excluding the European Union for consumers as stated above), any dispute, controversy, or claim arising out of or in relation to these Terms, including the validity, invalidity, breach, or termination thereof, shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date on which the Notice of Arbitration is submitted. The number of arbitrators shall be one, the seat of the arbitration shall be Zurich, Switzerland, and the arbitral proceedings shall be conducted in English.
These Terms and any disputes or claims arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
If you are a consumer based in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.
QuantumPeak reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms on this page and updating the "Last Updated" date. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Services.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and QuantumPeak concerning the Services.
No waiver by QuantumPeak of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by QuantumPeak to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms are personal to you, and you may not assign, transfer, or sublicense your rights under these Terms to anyone else. QuantumPeak may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent.
QuantumPeak shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
These Terms do not confer any third-party beneficiary rights and are not intended to confer any rights or remedies upon any person or entity other than the parties to these Terms.
These Terms are available in multiple languages. In case of any discrepancies or inconsistencies between the English version and translations into other languages, the English version shall prevail.
Any notices or other communications provided by QuantumPeak under these Terms will be given by posting to the Services or by email to the email address you provide to us. Notices provided by posting to the Services will be effective upon posting and notices provided by email will be effective when sent.
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations maintained by the Department of State.
If you have any questions about these Terms, please contact us at:
QuantumPeak GmbH
Naumattstr. 24
5000 Aarau
Switzerland
Email: legal@quantumpeak.ch
Last updated: March 8, 2025