Last updated: March 2026
Hi! Thank you for choosing Peaky as your live financial planning platform. These Terms govern your use of Peaky's Services and help to define the relationship between you and Peaky. By providing you with these Terms, we aim to act transparently and try to, proactively, answer any questions you might have regarding the Platform, Services, Fees, Subscription Term, etc. By using our Services, you agree with the latest version of these Terms. We kindly ask you to read these Terms carefully and keep them in mind every time you use our Services.
Agreement: the collective terms related to the Services between the Customer and Peaky, including, but not limited to (i) the Order Form, (ii) the Data Processing Policy, and (iii) these Terms;
Authorised User: every individual that is allowed to access and use the Platform;
Customer: any professional, whether acting in their own name or through a legal entity, who enters into an agreement with Peaky;
Customer Data: any and all financial, operational, and business-related information, metrics, or content (including but not limited to general ledger entries, payroll data, customer metrics, and external indicators) that is imported, uploaded, or integrated into the Platform by or on behalf of the Customer through third-party integrations or manual entry;
Fee(s): the fee(s) payable by the Customer, including Subscription Fees and Services Fees;
Force Majeure: any circumstances which (i) were reasonably unforeseeable at the time the Agreement was concluded, (ii) are not attributable to the fault of the party invoking it, and (iii) either create a temporary or definitive inability for a party to perform its obligations, or cause the performance of such obligations to become excessively burdensome so that performance can no longer reasonably be required under the original conditions. Such circumstances include, but are not limited to, fire, flood, casualty, lockout, strike, unavoidable accident, national calamity, pandemic, export embargo, riot, war, civil commotion, act of God, or the act of any legally constituted authority;
Order Form: an order form or similar document containing the practical arrangements agreed upon between Peaky and the Customer related to the Platform and/or the Services, such as but not limited to the selected pricing plan, the number of Subscriptions, the scope and the Subscription Term;
Output: any and all results, financial models, data visualizations, performance indicators, automated notifications, and insights generated by the Platform;
Peaky (or we | us): the private limited company ('besloten vennootschap') Peaky BV, incorporated and existing under the laws of Belgium, with registered office at BE 9050 Ghent, Frederik Burvenichstraat 42A, registered in the Register of Legal Entities (Ghent, division Ghent) under VAT number BE-1020.285.887;
Platform: the financial planning and analysis software-as-a-service solution, that enables the Customer to create, visualize, and manage financial plans and forecasts, designed to act as a continuous monitoring and decision-support engine;
Privacy Legislation: the (supra)national privacy legislation, applicable on the processing of personal data by Peaky or the Customer, related to the execution of the Agreement, such as, but not limited to (i) the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC ('General Data Protection Regulation' or 'GDPR'), (ii) the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector ('E-privacy Directive') and any other or future implementation in national legislations;
Services: all services provided by Peaky in relation to the Platform, including the provision of Subscriptions, training, etc.;
Services Fees: all Fees as described in the relevant Order Form, quote or other written notice for the provision of Services payable to Peaky, which are not Subscription Fees;
Subscription: the right granted by Peaky to the Customer to access and use the Platform;
Subscription Fee: the Fees for the purchase of the Subscription in accordance with the terms in the Agreement;
Subscription Term: the duration of the Subscription set out in the Order Form;
Support: the assistance provided by Peaky to the Customer during the Agreement, with regards to the Services, Subscription, Platform, etc.;
Terms: these terms of service as published on our Website;
Third-Party Services: the third-party software, applications, or platforms that the Customer connects to the Platform; and
Website: www.peaky.ai, as well as any subdomains or other/future websites of Peaky.
2.1. Unless explicitly determined otherwise in writing, the entire relationship between Peaky and the Customer for the provision of Services by Peaky to the Customer, is governed by the following documents. In the event of a conflict between these documents, the following descending order of precedence shall apply: (i) the Order Form, (ii) the Data Processing Policy, and (iii) these Terms.
2.2. These Terms are specifically tailored to the use of the Services and govern the relationship between Peaky and the Customer. Therefore, to use the Services the Customer agrees these Terms shall always take precedence over its own terms and conditions, which shall not be enforceable against Peaky (even if the Customer declares them the only valid terms).
3.1. Peaky shall determine the scope of the Services together with the Customer and shall subsequently provide the Customer with a quotation and proposed scope as part of an Order Form.
3.2. The specifications, capabilities, technical features and other details regarding the Services on the Website or in a demo are only to be considered approximations. Such information, including any performance metrics, projected outcomes or visual representations shared via the Website or demos, only binds Peaky insofar as explicitly stated in the Agreement.
3.3. Only Order Forms confirmed by both parties shall be binding. The Customer acknowledges that the Agreement can be signed electronically.
4.1. All Peaky's obligations related to the Services shall be best efforts obligations. Hence, Peaky shall always provide the Services with appropriate care and in good faith and serve the Customer to the best of its understanding, skill insight and ability, as can reasonably be expected from a professional experienced in services of comparable scope, complexity and size.
4.2. Peaky expressly disclaims any and all warranties, whether express or implied (including but not limited to any implied warranties of merchantability or fitness for a particular purpose), that the Services shall always be performed error-free or satisfactory to the Customer's wishes. Peaky does not guarantee any specific financial results or business outcomes through the use of the Services.
4.3. The Output generated by the Platform is intended for informational purposes only. The Customer explicitly acknowledges that Peaky is a software provider and does not provide professional financial, investment, tax, or legal advice. The Services are designed as a decision-support tool, and the final responsibility for any management decisions or business actions rests solely with the Customer.
4.4. Peaky's Services are limited to what is defined in the Agreement. The Customer acknowledges that the accuracy of the Output is strictly dependent on the quality and completeness of the Customer Data.
4.5. The Customer acknowledges and agrees that it is solely responsible for the configuration and mapping of the Customer Data within the Platform. While Peaky may provide automated suggestions or onboarding support for such mapping, the Customer has the final obligation to verify and approve that this mapping is correct and reflects the Customer's actual business logic. Peaky shall not be held responsible for any incorrect Output resulting from improper mapping or classification of data by the Customer.
4.6. Peaky is entitled to rely on the Customer Data provided or integrated by the Customer, without having to verify its accuracy and completeness. Peaky shall make use of Customer Data and information provided by the Customer to perform its Services, without accepting any responsibility in this respect. Peaky cannot be held responsible for errors in Output caused by inaccuracies, incompleteness, or delays in the underlying data source (whether originating from Third-Party Services, manual entries, or any other source of Customer Data) or for data that has not been correctly uploaded or integrated by the Customer.
4.7. The Customer acknowledges that the Platform relies on integrations with Third-Party Services. Peaky cannot be held responsible for the unavailability, technical malfunctions, or changes in the API-policies of these third-party providers that may impact the functionality of the Services.
4.8. The Customer acknowledges that it shall always have the obligation and responsibility to verify the accuracy and validity of any and all Output generated through the Services.
4.9. Peaky does not guarantee that Services are suitable for its intended use or are seamlessly adapted to the Customer's activities or business operations, unless such purpose is one of the features that has been agreed explicitly in writing in the Order Form.
4.10. Any requests for customization or Services beyond the scope explicitly agreed upon in the Agreement will require prior written approval from both parties and may result in additional Service Fees.
5.1.1. The Platform is provided to the Customer 'as is'. The Customer confirms it shall not place any reliance on the Platform upon the development of any future functionality, features or data connectivity.
5.1.2. Peaky shall use its reasonable endeavours to maintain the availability of the Platform but does not guarantee the uninterrupted availability. The Customer acknowledges that availability is partially dependent on the uptime of Third-Party Services. In the event of problems with the availability of the Platform, Peaky shall solve such issue as soon as reasonably possible. In any case and where appropriate, Peaky shall be free to determine what is to be considered an adequate solution.
5.1.3. Peaky does not guarantee that the Platform will operate completely error-free, nor that it will be compatible with all types or future versions of internet browsers, operating systems, mobile operating systems or any other software. The Customer acknowledges that each operating system and each version of an operating system or browser has specific idiosyncrasies that make it likely that the Platform cannot be viewed or used on an operating system or browser version whose compatibility was not provided for in the Agreement.
5.1.4. Peaky is constantly striving to improve the Platform's performance and provides industry insights to its customers. The Customer acknowledges and agrees that the use of Customer Data and Output for the improvement of the Platform, including the training of AI models and generating benchmarks, is governed by the provisions set forth in Article 15.
5.1.5. Peaky reserves the right to make, in its sole discretion, any material or non-material changes and/or updates to the functionality of the Platform from time to time without prior approval of the Customer, provided that such changes do not materially downgrade any of the existing functionalities at the moment of the signing of the Agreement. Peaky will notify the Customer of material changes via email or via notification in the Platform.
5.1.6. The Customer acknowledges that the Platform includes free and open-source software developed by third parties.
5.2.1. The Customer shall be entitled to create accounts for Authorised Users, subject to the number of Subscriptions purchased, as agreed upon in the provisions in the Order Form.
5.2.2. The Customer shall ensure its Authorised Users access and use the Platform in accordance with the provisions in the Agreement. The Customer and its Authorised Users shall not access the Platform in a manner intended to avoid incurring any Fees.
5.2.3. The Customer acknowledges that the Platform is designed to process financial and operational business data. To the extent that the Customer integrates Third-Party Services (e.g., HR or Payroll software) that contain personal data of employees, the Customer shall ensure it has a valid legal basis under Privacy Legislation for such processing. The Customer shall refrain from uploading sensitive personal data (e.g., medical records, criminal history) that is not strictly necessary for the financial planning and analysis purposes of the Platform.
5.2.4. The Customer acknowledges that it is prohibited to, and shall not, upload any information or documents that:
5.2.5. The Customer and Authorised Users shall not:
5.2.6. The Customer is responsible for the confidentiality of account credentials. The Customer shall use its best endeavours to prevent or terminate any unauthorised access, illegal use and/or incompatible use of the Platform. If the Customer discovers such unauthorised access and/or use, the Customer shall notify Peaky immediately, which shall be entitled to take all necessary or useful measures to prevent such unauthorised access and/or use.
5.2.7. The Customer shall be responsible for procuring, maintaining and securing its network connection(s) to the Platform and ensuring that its own systems meet the minimum security requirements for a safe integration with the Platform.
5.2.8. If the Customer observes any deficiency or problem, the Customer is obliged to immediately cease the use of the Platform and make every reasonable effort - or have every reasonable effort made - to prevent any (further) damage.
6.1. The Customer shall be granted a temporary, personal, limited, non-exclusive and non-transferable access and use right of the Platform and Services for each account, as described in an Order Form. The Subscription is granted as of the first day of the start of the Subscription Term.
6.2. The Customer shall be entitled to select the Subscription level at the moment of purchasing the Subscriptions. The contents of such purchased Subscription level shall be agreed upon in the Order Form. The Subscription Fees shall be determined based on the price list applicable at the moment of purchase or renewal of the Subscription.
6.3. During the Subscription Term, the Customer shall be entitled to upgrade the Subscription level for the remainder of the then-active Subscription Term. The upgrade shall be available at the latest three (3) business days after the upgrade was purchased. The new Subscription level and add-on Fees shall be invoiced pro rata for the remainder of the Subscription Term, as of the day the upgrade is available.
6.4. If the Customer wishes to downgrade the Subscription level, the Customer shall notify Peaky thereof through the Platform. The Customer shall be unable to downgrade the Subscription level during the Subscription Term. This downgrade of Subscription level will enter into effect at the start of a new Subscription Term.
6.5. The Customer can activate additional Subscription(s) during the Subscription Term of already activated Subscriptions. The additional purchased Subscriptions shall be available at the latest three (3) business days after additional Subscriptions were purchased and shall remain active for the Subscription Term of the initial Subscription(s). The additional Subscription(s) shall be invoiced pro rata for the remainder of the Subscription Term, as of the day the upgrade is available.
7.1. The Subscription Term has a definite duration, which is described in the Order Form. This term shall continuously automatically renew for an additional period equal to the initial Subscription Term, unless either party gives notice of termination to the other party at the latest three (3) months before the end of the Subscription Term.
7.2. If the Subscription Term is automatically renewed in accordance with Article 7.1, the renewed Subscription level shall be equal to the latest active Subscription level.
7.3. Early termination of the Subscription Term shall not give rise to a right for the refund of any Fees.
8.1. If necessary for any maintenance work or implementation of updates to the Platform, Peaky may temporarily interrupt the availability of the Platform and Services. To the extent possible, any maintenance work will take place outside normal business hours.
8.2. Peaky will use its reasonable endeavours to notify the Customer in advance of any planned interruptions. An interruption to services due to maintenance work or the implementation of any updates shall not be a fault on the part of Peaky. Peaky will ensure that the interruption does not last longer than necessary.
9.1. Fee
9.1.1. The Fees payable to Peaky shall be agreed upon in the Order Form between Peaky and the Customer. The Fees payable shall be determined at the moment an Order Form is concluded between the parties and shall be based on the then-applicable Fees. Therefore, in no event shall the Fees confirmed in one Order Form be binding for (future) agreements.
9.1.2. All Fees are, unless explicitly stated otherwise, exclusive of VAT or any other levies or taxes.
9.1.3. Peaky is entitled to index its Fees during the Subscription Term in line with an increase in its costs, whereby the amount payable shall be calculated on the basis of the formula below:
P = (20% * f) + (80% * f * (S/s))
Where: P = the new Fee; f = the initial Fee (immediately prior to the indexation); S = the new Agoria wage index (published in the month preceding the indexation); s = the initial Agoria wage index (published in the month preceding the start of the current Subscription Term or, if the Fee has been indexed before, the month preceding the last indexation).
9.2. Payment and billing method
9.2.1. The full amount of the Subscription Fee shall be payable upfront at the commencement of the Subscription Term.
9.2.2. The invoicing of the Service Fees will be determined by the actual time spent by Peaky's personnel and the materials used in connection with the provision of such Services, based on the hourly rates as set out in the Order Form or, in the absence thereof, the standard hourly rates of Peaky applicable at the time of the performance. Upon the Customer's first request, Peaky shall provide an overview of its then-current standard hourly rates.
9.2.3. Unless otherwise agreed upon, the invoices of Peaky are payable within a period of fourteen (14) days from receipt. The invoice has been settled when the complete amount stated on the invoice has been received by Peaky.
9.2.4. Invoices that are not disputed within eight (8) days after their issuing will be considered to have been fully accepted. The Customer shall pay the undisputed part of the invoice in accordance with these Terms.
9.2.5. By concluding an Agreement and relying on the Services of Peaky, the Customer agrees to electronic invoicing by Peaky:
9.3. Late payment
9.3.1. If the Customer fails to pay in full any invoice by the due date for payment, then:
9.3.2. This paragraph is without prejudice to Peaky's right to prove and claim any higher damages.
9.3.3. Late, incomplete or non-payment of one expired invoice will cause all other invoices, for which a particular instalment term has been agreed on, to become immediately payable, without previous notice of default.
9.3.4. Partial payments will firstly be deducted from interest due, liquidated damages payments and possible costs and subsequently from unpaid invoices.
9.3.5. Peaky is entitled to terminate, suspend or postpone its Services or its other obligations in connection with the Agreement if the Customer has not complied with a payment condition or other payment obligation.
10.1. Peaky
10.1.1. The liability of Peaky shall always be assessed in light of the best efforts obligation to which Peaky has committed.
10.1.2. In the case of inadequate Services, Peaky's liability is limited to (i) the (renewed) performance of the missing or inadequate Services or (ii) provide a compensation for the proportional value of the inadequate part of the Services, subject to the limitations set out in Article 10.1.3.
10.1.3. The liability of Peaky shall in all cases exclusively be limited to direct liabilities and shall in any case be limited to the Fees paid during the last 12 months prior to the event causing any liability.
10.1.4. Peaky shall never be liable for:
10.1.5. The Customer expressly acknowledges and accepts that Peaky relies on auxiliary persons in the performance of the Agreement. Peaky wishes to protect specific categories of auxiliary persons against direct claims based on article 6.3 of the Belgian Civil Code. These categories include notably directors, appointed staff including employees, and self-employed service providers (including commercial agents and managers, but excluding incidentally or project-based third parties such as subcontractors or freelancers). The Customer expressly undertakes, in case of faults within the meaning of article 6.6 of the Belgian Civil Code by the aforementioned auxiliary persons that could give rise to a direct claim as referred to in article 6.3 of the aforementioned Code, not to directly address the auxiliary persons concerned, but to address its claim for any damage suffered exclusively to Peaky. The Customer thus expressly waives its right to a direct claim against the aforementioned auxiliary persons. This waiver of claim does not apply in case of fraud, deceit, and/or intent on the part of the auxiliary persons, or if the shortcoming also constitutes a criminal offense.
10.2. The Customer
10.2.1. The Customer will defend, indemnify and hold Peaky harmless against all claims from third parties arising from the incorrect or unlawful use of the Platform or Services. It will cover all damages such as compensations or legal costs (including reasonable lawyer's fees) provided that Peaky has informed the Customer as soon as reasonably possible of any claim arising from that matter.
11.1. When the Customer needs assistance or has an enquiry with respect to the Services, the Customer can contact the helpdesk of Peaky on the e-mail address support@peaky.ai.
11.2. Support can be invoiced separately as a Service Fee, unless expressly agreed otherwise.
11.3. The Customer must offer all necessary assistance and cooperation to the helpdesk, e.g. provide a detailed description of the problem and the situation in which it occurred.
11.4. The helpdesk of Peaky will assist the Customer as soon as reasonably possible following the requested support.
11.5. Peaky performs maintenance activities and implements updates of its Platform on a regular basis. Peaky strives to minimise the impact on the availability of its Platform, but does not exclude any downtime in this respect. If the impact on the availability of the Platform is significant, Peaky will strive to inform the Customer thereof.
12.1. Expiry
12.1.1. The Agreement shall be terminated the moment the last Subscription Term ends in accordance with Article 7, unless explicitly agreed upon otherwise in writing by the parties.
12.2. Grounds for early termination
12.2.1. Peaky may terminate the Agreement by registered mail for material breach, automatically and without definitive court decision if the Customer has committed a material breach and fails to remedy such breach within fifteen (15) days of written notice of default by Peaky. Peaky will consider (amongst others) the following events as a material breach:
12.2.2. The Agreement may be terminated if an insolvency event occurs on the part of the other party, i.e. a party ceases to pay its debts or ceases its activities, files for bankruptcy, liquidation of the legal entity or enters proceedings in receivership or judicial composition proceedings.
12.2.3. Peaky shall never be obligated to refund the Customer any Fees if the Customer terminates the Agreement during the Subscription Term without the termination being the result of a material breach of Peaky. The Customer is still obligated to pay all Fees set out in the Agreement.
12.3. Consequences of termination
12.3.1. Regardless of the cause for termination, the following consequences will follow the termination of the Agreement:
12.3.2. Articles 10, 14, 15, and 16 shall survive the termination of the Agreement and continue in full force and effect.
12.3.3. The termination of the Agreement, for whatever reason, shall not prejudice the rights acquired by each party.
13.1. In the event of Force Majeure, the party confronted by the Force Majeure event shall (i) notify the other party thereof within a period of one month after the inception of the Force Majeure and (ii) inform the other party of the period for which the Force Majeure is expected to continue.
13.2. In the event of Force Majeure, each party has the right to temporarily suspend the performance of its obligations without being liable for any damages.
13.3. A situation of Force Majeure that continues beyond three (3) months shall entitle either party to terminate the Agreement with immediate effect by simple written notification, without judicial intervention and without any liability.
13.4. If the performance of the Agreement has become excessively burdensome due to a change in circumstances that was unforeseeable at the time of the conclusion of the Agreement and that is not attributable to the affected party, that party may request the other party to renegotiate the terms of the Agreement with a view to adapting or terminating it. In case the parties have negotiated in good faith for a minimum of one (1) month without having reached an agreement, both the parties shall have the right to terminate the Agreement through notice served on the other party by registered letter.
14.1. All information marked as confidential or reasonably to be considered confidential, disclosed by any of the parties to the receiving party prior to entering into an Agreement as well as during the Agreement shall be treated with the utmost secrecy.
14.2. The receiving party shall:
14.3. This confidentiality obligation applies during the course of the Agreement between Peaky and the Customer and shall continue to exist for a period of three (3) years from its expiry or termination for any reason whatsoever.
14.4. The disclosing party shall remain the sole owner of their own confidential information at all times. Except as expressly set forth herein, nothing in these Terms or the relationship between parties shall grant the receiving party any rights to, or interest in, the confidential information and no implied licences are granted by these Terms.
14.5. In case of breach of the obligations by the Customer as set out in this Article, the Customer shall pay Peaky a lump-sum compensation equal to five thousand euros (€ 5,000.00) per individual breach. This compensation is due without prejudice to Peaky's right to claim full compensation for all actual damages caused by the breach to the extent they exceed the lump-sum amount.
15.1. The Customer explicitly acknowledges that Peaky shall own and retain all intellectual property rights with respect to the Services, the Platform and possible related Services (including all copies, modifications, extensions and derivative works thereof), including, but not limited to: rights associated with the (source) code, technological backbone, AI algorithm, other authorship rights, design rights, know how, domain names and database rights.
15.2. The Customer acknowledges that Peaky shall own and retain all intellectual property rights on the Output generated through the Platform. The Customer is granted a non-exclusive, non-transferable right to use the Output for its internal business purposes during and after the Agreement.
15.3. The Customer shall not use Peaky's company name, Peaky's names of the Services or Peaky's trademarks as part of Customer's name or in any manner capable of misrepresenting the relationship between Customer and Peaky. The Customer shall not alter, remove or tamper with the brands, copyrights, trademarks, or other means of identification on the Services or Platform.
15.4. Peaky explicitly acknowledges that the Customer shall own and retain all intellectual property rights with respect to the Customer Data, designs, trade names/trademark it owns and which are uploaded to the Platform, however subject to the provisions in this Agreement.
15.5. The Customer grants Peaky an unlimited, non-exclusive and non-transferable free usage right to the Customer Data uploaded to the Platform, for the provision of the Services, as well as the continued development and improvement of the Platform and Services, subject to the conditions as set out in this Article.
15.6. The Customer explicitly authorises Peaky to use the Customer's name, trademark, logo and/or project as a reference for publicity purposes, such as by publication on the Website.
15.7. In case of breach of the obligations by the Customer as set out in this Article, the Customer shall pay Peaky a lump-sum compensation equal to five thousand euros (€ 5,000.00) per individual breach. This compensation is due without prejudice to Peaky's right to claim full compensation for all actual damages caused by the breach to the extent they exceed the lump-sum amount.
16.1. Peaky as controller
16.1.1. The collection of personal data of the Customer shall take place in accordance with the provisions of our privacy policy as on our Website. In such event, we act as controller. The privacy policy includes information about the personal data collected by Peaky, as well as the manner in which we use and process this personal data for certain purposes. Our privacy policy can be read (i) when the Customer accesses the Platform for the first time or (ii) on the Website at any time.
16.2. The Customer as controller
16.2.1. The Customer acknowledges that - with regard to the processing of all data entered and uploaded on the Platform and/or processed in the execution of the Services - it shall act as controller and Peaky as processor. All arrangements made between parties in this respect shall be solely governed by a data processing terms applicable between the Customer and Peaky.
17.1. Peaky reserves the right to change or update the Terms at any time. New or amended Terms shall apply from the thirtieth (30th) day after the Customer was notified.
18.1. In accordance with the provisions of the Belgian Law on Financial Collateral of 15 December 2004, Peaky and the Customer automatically offset all currently existing and future debts vis-à-vis each other. This means that in the permanent relationship between Peaky and the Customer, only the balance of the largest debt remains after the aforementioned automatic compensation.
19.1. No waiver
19.1.1. Any failure or delay by Peaky in exercising any right under an Agreement with the Customer, any single or partial exercise of any right under such Agreement or any partial reaction or absence of reaction by Peaky in the event of violation by the Customer of one or more provisions of such an Agreement, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of Peaky's rights under such Agreement, nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by Peaky, this waiver cannot be invoked by the Customer in favour of a new failure, similar to the prior one, or in favour of any other kind of failure.
19.2. Notices
19.2.1. Any notice to be given under the Agreement shall be deemed duly given when sent by e-mail. It shall be deemed received one (1) working day after the date of dispatch.
19.3. Divisibility/Severance
19.3.1. The nullity of one of the articles of this Agreement, or a part thereof, shall not affect the validity of the remaining provisions of this Agreement, nor the Agreement as a whole. Their enforceability shall remain unimpaired to the extent permitted by law.
19.3.2. In case of invalidity or unenforceability of any provision of the Agreement, the parties shall negotiate in good faith to replace it with a provision that achieves, as much as possible, the same effect as the invalid or unenforceable provision. Should the parties not reach an agreement, the competent court may moderate the void provision to what is (legally) permitted.
19.4. Non-transfer
19.4.1. This Agreement and the rights and obligations ensuing from it for the Customer may not be assigned or transferred either directly or indirectly without the written consent of Peaky.
19.4.2. Peaky shall have the right to assign or transfer any Agreement and the rights and obligations ensuing from it to a third party.
20.1. Jurisdiction
All disputes arising out or relating to the performance of this Agreement shall be subjected to the exclusive jurisdiction of the courts of the district in which Peaky has its registered office.
20.2. Applicable law
The Agreement as well as any agreement between parties, of whatever nature, are governed by and construed in accordance with the laws of Belgium, with exclusion of all conflict of laws rules.
20.5. Other
20.5.1. Nothing contained in this Agreement shall be deemed to constitute or create a partnership or joint venture between the parties and neither party shall hold itself out as the agent of the other.
20.5.2. This Agreement represents the entire agreement between the parties in respect of its subject matter and replaces any previous agreement(s) relating to the subject matter and may be varied only in writing signed by the parties.
20.5.4. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
PEAKY BV | BTW BE 1020.285.887 | Frederik Burvenichstraat 42A, 9050 Ghent, Belgium | W: https://peaky.ai | E: support@peaky.ai