Authoritative language: This English translation is provided for convenience. Only the German version of the GTC (“AGB”) is legally binding.

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(Last updated: 13 Sep 2025)

 

These General Terms and Conditions apply to the use of the services offered under the name “Picobara” by NinetyPeak UG (limited liability), Aßmannstr. 50, 12587 Berlin, Germany.

1 Scope, Provider Information

1.1 These Terms and Conditions (“Terms”) govern all agreements between NinetyPeak UG (haftungsbeschränkt), Aßmannstraße 50, 12587 Berlin, Commercial Register (Handelsregister): HRB 274992 B, Local Court (Amtsgericht) Charlottenburg, represented by Managing Director Henry Müller, VAT ID DE 455 664 218 (hereinafter “NinetyPeak”, “we”, or “us”) and consumers/users of the digital services offered by NinetyPeak (hereinafter “customers”).

1.2 Our services consist of digital content and functions (including, without limitation, videos/streaming, quizzes, and the “Pico” AI assistant based on the OpenAI API) and may also include optional paid subscriptions as set out in Sec. 3 (Orange, Coral, Purple plans). Some functions/content may be available free of charge; for any paid use the provisions for subscription plans apply. No physical goods are delivered.

1.3 Conflicting terms and conditions of the customer do not apply unless we expressly agree to their validity in writing.

1.4 General Notice (Disclaimer)
Our content and functions are created and reviewed with due care. Errors, deviations, omissions, or delays may nevertheless occur. Subject to Sec. 8, we do not guarantee accuracy, completeness, or timeliness; statutory claims—especially under Sections 327 et seq. of the German Civil Code (Bürgerliches Gesetzbuch, “BGB”)—remain unaffected.
This website is for entertainment purposes only; it is not intended to provide instruction, education, examination preparation, or advice and does not replace individual legal, financial, or medical advice.

1.5 Registration (optional)
Voluntary registration is available and is not a prerequisite for all functions.

2 Definitions

Platform: The web application accessible via https://ninetypeak.com and, where applicable, the Wix app.

Plan: Subscription models (Orange – €0.99, Coral – €2.99/month, Purple – €9.99/month); the applicable prices and service descriptions are those displayed at the time of booking.

Content: Videos, audio podcasts, assessments, playlists, quizzes, textual/graphic information, and other digital data.

Third-party services: Third-party APIs/tools (including OpenAI, YouTube, Google, Wix, Stripe).

Pico: AI assistant based on the OpenAI API (not Azure).

Fair Use: Appropriate, non-abusive use within technical limits and policy requirements.

3 Modes of Use, Conclusion of Contract & Subscriptions

3.1 Free-tier use:
By accessing the platform and/or registering, an agreement for free use arises to the extent free functions/content are used, subject to these Terms.

3.2 Paid plans (subscriptions):
Where paid content/functions are used, a paid contract is concluded when the customer selects the desired plan after registration and clicks the clearly labeled “order with an obligation to pay” button (Section 312j BGB).

3.3 Term & Renewal (subscriptions): Subscriptions renew monthly and can be cancelled at any time with effect at the end of the current billing period.

3.4 Cancellation (“cancellation button”, subscriptions): Cancellation is effected via the easily accessible cancellation button on our website or in account management (Section 312k BGB). An electronic confirmation of cancellation is provided.

3.5 Free trial: Paid plans may start with a 7-day free trial; details follow from the relevant service description. After the trial, the first billing period becomes due.

3.6 Prices: All prices are gross prices in EUR (incl. VAT). For customers outside the euro area, Stripe may perform currency conversion; tax adjustments remain reserved.

3.7 Payment processing: Payment is made exclusively via Stripe; permitted payment methods are those supported by Stripe (e.g., credit card, SEPA direct debit, Apple Pay).

3.8 Access: Access to free content/functions is provided upon access/registration; paid content/functions are activated after payment confirmation.

4 Right of Withdrawal (Consumers)

4.1 For paid contracts, consumers have a right of withdrawal of 14 days from conclusion of contract (Sections 312g, 355 BGB). Withdrawal can be declared by email to info@ninetypeak.com or via the digital withdrawal button in account management.

4.2 For digital content, the right of withdrawal may expire if we begin performance before the withdrawal period ends with your express consent and your acknowledgment of the loss of the right (Section 356(5) BGB).

4.3 No return shipping costs arise.

5 Scope of Services, Pico & Availability

5.1 The specific scope of services follows from the then-current service description. Content/functions are provided free of charge and/or depending on the selected plan; plans may differ in scope and quality (e.g., more content, enhanced overviews).

5.2 Pico (AI assistant): Pico generates probabilistic outputs based on the OpenAI API. No legal, financial, or medical advice. Outputs may differ, be incomplete, or contain errors. No particular outcome is owed. We may reasonably adjust models, parameters, limits, and providers.

5.3 Usage requirements (Pico):
a) Do not enter sensitive data (e.g., health, financial, legal details).
b) Fair use/rate limits: We may limit, throttle, or block requests to ensure service, security, and policy compliance.
c) File uploads are not part of the service scope; any deviations follow from the applicable service description.

5.4 Availability: Target uptime of 97% per calendar month (“best effort”). Maintenance and outages at third-party services (OpenAI, YouTube, Wix, etc.) may cause interruptions.

5.5 Changes: We may reasonably adjust content, features, or plans where acceptable (Section 308 No. 4 BGB) without impairing material obligations. In case of material changes, we provide prior notice; a special right of termination may apply at the change date.

6 Usage Rights & Prohibitions

6.1 All content remains the intellectual property of NinetyPeak. Customers receive a simple, non-transferable, worldwide right of use for the duration of use or the subscription, for personal use.

6.2 The following are prohibited in particular:
a) sharing/resale of content,
b) public performance/streaming outside the platform,
c) reverse engineering of provided software, prompts, or security mechanisms,
d) automated scraping, mass or automated requests,
e) entering/processing third-party personal data without authorization.

6.3 Violations entitle us to terminate without notice, block access, and claim damages.

7 Affiliate Links

We may receive commissions for links to Amazon, Awin, or other partners. Purchases on third-party websites are subject to their terms and privacy policies; NinetyPeak is not liable for their performance.

8 Liability

8.1 We are liable without limitation for intent and gross negligence and for damages resulting from injury to life, body, or health.

8.2 In cases of simple negligence, we are liable only for the breach of material contractual obligations (cardinal duties), limited to the typical, foreseeable damage; liability for indirect/consequential or purely economic losses (e.g., lost profits, data loss) is excluded.

8.3 For third-party services (OpenAI, YouTube, Wix), our liability is limited to proper selection and integration; we have no influence over their availability/content.

8.4 Mandatory statutory liability (e.g., product liability), any assumed guarantee, and the rules on digital products (e.g., Sections 327 et seq. BGB) remain unaffected.

8.5 The foregoing also applies in favor of our legal representatives and vicarious agents.

9 Warranty & Updates (Digital Content)

Statutory rights for defects apply to digital content (Sections 327 et seq. BGB). We fulfill update obligations by providing bug fixes and functional updates at reasonable intervals.

10 Term, Termination & Suspension

10.1 A subscription can be cancelled at any time with effect at the end of the current period (see Sec. 3.3) using the cancellation button.

10.2 We may terminate for cause without notice (e.g., in case of material breaches, abuse).

10.3 In case of payment default exceeding 14 days, we may temporarily suspend the account.

11 Changes to these Terms & Price Adjustments

11.1 We may amend these Terms where required by law (e.g., consumer/digital law) or to implement purely functional adjustments and where the change is reasonable for customers.

11.2 Changes are announced at least 30 days before they take effect by email or in-app notice; the customer may object until effectiveness. If no objection is made, the new Terms are deemed approved.

11.3 Price adjustments are announced with reasonable advance notice; a special termination right exists at the time of adjustment.

12 Privacy & Cookies

Our separate privacy notice applies (including the section on Pico/OpenAI). We use tools from Wix, OpenAI, YouTube/Google, and Stripe, among others; details (categories, purposes, legal bases, recipients, retention) follow solely from the privacy notice.

13 Governing Law, Venue, ODR

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2 Mandatory consumer protection rules of the customer’s EU member state of residence remain unaffected.

13.3 For merchants, the place of jurisdiction is Berlin-Charlottenburg.

13.4 NinetyPeak does not participate in dispute resolution proceedings before a consumer arbitration board. The EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.

14 Final Provisions

If any provision of these Terms is invalid, the validity of the remaining provisions shall not be affected; the statutory provision applies in place of the invalid clause.

15 Contact

NinetyPeak UG (haftungsbeschränkt)
Aßmannstraße 50, 12587 Berlin
Email: info@ninetypeak.com
Managing Director: Henry Müller