AGBs

Article 1 – Registration and conclusion of contract

Registration for our group courses or private lessons must be made in writing or online. The contract is concluded upon confirmation by StudyPeak GmbH. Registrations will be considered in the order in which they are received.

For students who are not yet of legal age, the contract is concluded between StudyPeak GmbH and a legal guardian. The legal guardian is fully liable for the student and for all obligations arising from the contract with StudyPeak GmbH.

Article 2 – Scope of services

StudyPeak GmbH offers private lessons and group courses to prepare for exams and placement tests. The scope of our services, the content, and the duration of the lessons depend on the agreed arrangement. The scope of services for group courses is listed in the respective course descriptions and can be adjusted by agreement.

Article 3 – Price structure

Our prices for private lessons and services provided as part of group courses, as well as advice on training places, are based on the current price lists. Each lesson lasts 45 minutes. Invoicing takes place on a monthly basis based on the services actually provided (subject to Articles 6, 8, and 9 below).

Article 4 – Disclaimer of liability and warranty

We are only liable for damage caused by us intentionally or through gross negligence. We exclude any further liability to the extent permitted by law, in particular for damage incurred by students on their way to us or caused by students during lessons. We accept no liability for damage to property or personal injury (e.g. in the event of accidents, illness, theft, and loss of items) caused by third parties, or for consequential damage, direct or indirect damage, loss of data, availability, or loss of profit. Students are responsible for taking out insurance.

We provide our services with the utmost commitment and professional competence, including comprehensive support. Nevertheless, StudyPeak GmbH does not guarantee learning success or passing an exam or aptitude test. Article 22 applies accordingly.

Article 5 – Payment information

We are only liable for damage caused by us intentionally or through gross negligence. We exclude any further liability to the extent permitted by law, in particular for damage incurred by students on their way to us or caused by students during lessons. We accept no liability for damage to property or personal injury (e.g. in the event of accidents, illness, theft, and loss of items) caused by third parties, or for consequential damage, direct or indirect damage, loss of data, availability, or loss of profit. Students are responsible for taking out insurance.



We provide our services with the utmost commitment and professional competence, including comprehensive support. Nevertheless, StudyPeak GmbH does not guarantee learning success or passing an exam or aptitude test. Article 22 applies accordingly.

Article 6 – Cancellation in case of inability to attend

In case of absence, students must notify their teacher or StudyPeak GmbH directly by telephone or email at least twelve hours before the scheduled lesson. Otherwise, the lesson must be paid for in full. This also applies to absences due to illness or accident. In group courses, it is generally not possible to make up for missed lessons. For private lessons, the missed appointment can be made up if you cancel in time.

Article 7 – Substitute teachers

In the event of a teacher's absence, another teacher with equivalent qualifications will take over the lesson. If this is not possible, an alternative date will be offered.

Article 8 – Course cancellation by students

Cancellations of group courses must be made in writing by post or email to StudyPeak GmbH. The date of the postmark or email will be considered the date of cancellation. The following cancellation fees apply:

Article 9 – Course cancellation by StudyPeak GmbH

Article 9 – Course cancellation by StudyPeak GmbH

StudyPeak GmbH generally conducts all planned and agreed group courses. If fewer than two students have registered for a planned course or if several students drop out during an ongoing course, StudyPeak GmbH may cancel the course, in which case students who have not previously canceled their registration will be refunded the full cost within 14 days (in the case of an ongoing course, only the remaining costs for the courses not yet taken).

Article 10 – Teaching methods

The lessons will take place in accordance with the course description or the agreed private lessons either at the premises of StudyPeak GmbH, at a location announced in advance, or online (e.g., via platforms such as Zoom). In exceptional cases (e.g., natural disasters or epidemics), StudyPeak GmbH reserves the right to switch the previously agreed in-person lessons to distance learning, whereby the conditions of the in-person lessons will be maintained. Distance learning is considered a full replacement for in-person lessons. The technical equipment (e.g., internet connection, PC) must be organized by the student at their own expense.

Article 11 – Prohibition of poaching of teaching staff

The solicitation of teachers or employees of StudyPeak GmbH is prohibited without our written consent. In particular, students are prohibited from hiring teachers for private lessons or tutoring. This also applies for one year after the end of the contract.

Article 12 – Copyright and use of learning materials

All materials and content provided in our lessons are protected by copyright. Students may only use these materials and content for personal use and are not authorized to copy, distribute, or otherwise use them without the express written permission of StudyPeak GmbH. Transfer to third parties is prohibited. In particular, the publication of these materials and content on social networks or other platforms outside the circle of course participants is strictly prohibited. Any violation of this provision may result in legal action by StudyPeak GmbH. Article 18 applies accordingly.

Jeder Multicheck-Bereich ist in drei Teile unterteilt.

Multicheck:

Each Multicheck area is divided into three parts. 

1. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Multicheck Business and Administration
2. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Multicheck technical
3. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Multicheck ICT
4. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Multicheck Health and Social Services
5. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) (health HF)
6. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Multicheck Pharma and Chemistry
7. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Media and design
8. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Multicheck Retail and Service
9. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Multicheck Trade
10. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Multicheck EBA
11. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) IMS aptitude test (St. Gallen)

Gymnasium entrance exam:

Each Gymiprüfrungsbereich is divided into three parts. 

1. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), Premium package (training program and exam simulations) Long-term Gymnasium entrance exam 
2. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), Premium package (training program and exam simulations) Short-term Gymnasium entrance exam 

Stellwerk: 

1. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) Stellwerk 

IMS, BMS, FMS, HMS: 

1. studypeak Trainingsbereich (Trainingsprogramm), Prüfungssimulationen 1 und 2 (Prüfungssimulationen), Premium-Paket (Trainingsprogramm und Prüfungssimulationen) IMS
2. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) BMS
3. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) FMS
4. studypeak training area (training program), exam simulations 1 and 2 (exam simulations), premium package (training program and exam simulations) HMS

The exact range of functions is listed in the respective product description.

Article 14 – Conclusion of contract

The contract between the customer and StudyPeak GmbH is concluded when the customer clicks on the “buy” button in the online store. Order confirmations from StudyPeak GmbH are sent by email.

Article 15 – No right of withdrawal

StudyPeak GmbH does not grant a right of withdrawal after purchase.

Article 16 – Prices and payment terms

The current prices are listed directly in the online shop for each product. Payment can be made by credit card, PayPal, or similar advance payment methods; purchase on account is not offered. Any costs or fees associated with payment are to be borne by the customer. Access to the purchased product will be activated at the earliest after receipt of payment.

Article 17 – Term of use

Upon purchase, the customer receives temporary access to the corresponding product (usually 30, 90, or 180 days, depending on the order). The training program can be used as often as desired during the ordered period. The exam simulations can only be taken once. 

The right of use expires automatically at the end of the respective period of use. Renewed access can only be obtained by purchasing the product again.

Article 18 – Right of use

The products of StudyPeak GmbH are protected by copyright or other intellectual property rights. All rights not expressly granted to the customer remain with StudyPeak GmbH. References to copyrights or other intellectual property rights (e.g., copyright symbols) may not be removed, altered, or suppressed.

Upon purchasing a product, the customer receives a non-exclusive, non-transferable, and non-sublicensable right to use the purchased content. The right of use is limited to the customer's personal use. The right of use only includes the authorization to use the purchased product in accordance with the product description and the purpose (test simulation or training) of the product.

Article 12 applies accordingly. In particular, the customer is not entitled to copy, reproduce, or pass on the content to third parties. The content may only be edited within the scope of the intended use (exam simulation or training). Modifying the content or creating derivative works is prohibited. StudyPeak GmbH reserves the right to revoke the right of use in the event of violations of Articles 12 or 18. In such a case, access to the purchased product or the user account will be blocked immediately (without refund of any payments made).

Article 19 - Technical requirements

The customer is responsible for providing the technical requirements necessary for using the purchased products (e.g., Internet connection, hardware, up-to-date browser software, virus protection) and for ensuring the security of the systems used. In the event of non-compliance, StudyPeak GmbH does not guarantee that the purchased products will be usable.

Article 20 – Amendments and additions

StudyPeak GmbH may, at its sole discretion, make changes or updates to the training programs and exam simulations at any time without prior notice (e.g., regarding security, technical configurations, application features). 

All updates or bug fixes to the training programs and exam simulations offered or made available by StudyPeak GmbH during the period of use are considered part of the previously purchased products. Their use is also governed by the provisions of these General Terms and Conditions, unless otherwise agreed.

Article 21 – Availability and maintenance

StudyPeak GmbH strives to ensure the highest possible availability, but cannot guarantee that the purchased products will be available at all times or run without errors. Maintenance work will be carried out outside of normal usage hours as far as possible.

Article 22 – Disclaimer of liability and warranty

Article 4 applies accordingly. To the extent permitted by law, we exclude all liability, in particular for direct or indirect damage, consequential damage, loss of data,

Availability or lost profits. In particular, we are not liable for any damages if the purchased products deliver incorrect or incomplete results.

The purchased products are provided “as is” without any warranty. We offer no warranty and disclaim any representation or warranty regarding the general marketability and suitability of the purchased products for a particular purpose, conformity with applicable regulations, or data accuracy. In particular, we do not guarantee learning success, passing an exam, or passing an aptitude test. Furthermore, we do not guarantee that exams or aptitude tests will be similar in content or structure to the purchased products, or that the products will be available at all times, function without errors, or be compatible with specific hardware or software. In addition, we exclude any warranty and accuracy of the results delivered by the purchased products during their use.

Article 23 – Legal warranty

StudyPeak GmbH guarantees that, to the best of its knowledge, it has the necessary rights to grant the customer the right to use the purchased products in accordance with the provisions of these General Terms and Conditions. Should a third party nevertheless assert that the contractual use of the purchased products violates its intellectual property rights in accordance with these General Terms and Conditions, the customer is obliged to (i) inform StudyPeak GmbH immediately and (ii) offer StudyPeak GmbH the opportunity to defend itself, including the conclusion of a settlement. The customer is not entitled to acknowledge or settle such a third-party claim (either in whole or in part). StudyPeak GmbH may, at its discretion, defend itself against third-party claims by granting the customer the right to continue using the purchased products or by replacing or modifying the purchased products. If none of these measures are possible for StudyPeak GmbH, StudyPeak GmbH is entitled to terminate the customer contract with immediate effect. Upon termination by StudyPeak GmbH, the customer's right to use the purchased products ends. Any further legal warranty by StudyPeak GmbH is excluded.

Article 24 - Support and customer service

If you encounter technical problems or have questions about content, customer service is available via

E-Mail (info@studypeak.ch)
Or by telephone (+41 77 253 11 00)

Inquiries are usually processed within three working days.

Article 25 – Responsibility and data security

The customer is solely responsible for all content that they disclose via the purchased products. 

The customer is responsible for backing up their data and learning results during the period of use. After the period of use has expired, the data and learning results will no longer be accessible to the customer.

Article 26 – Termination for good cause

StudyPeak GmbH may terminate the contract with the customer at any time without notice for important reasons. Important reasons include, in particular, violations of Articles 11, 12, or 18, gross violations of the house rules, repeated disruption of lessons, or criminal behavior (e.g., damage to property or theft). In the event of termination by StudyPeak GmbH, there shall be no entitlement to a refund of payments already made.

Article 27 - Amendments

We reserve the right to change prices and these General Terms and Conditions at any time.

Article 28 - Data protection

Information on the processing of personal data can be found in the privacy policy of StudyPeak GmbH. 

Article 29 – Applicable law and place of jurisdiction

The relationship between StudyPeak GmbH and its customers is governed exclusively by Swiss law, excluding conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (Vienna Sales Convention). The exclusive place of jurisdiction is the city of Zug, Switzerland.