We, FTL3 GmbH, Philipp-Reis-Str. 4, 40215 Düsseldorf, Germany, (hereinafter referred to as “FTL3” and “we”) operate the platform Eisenhower (hereinafter referred to as “Eisenhower”) under www.eisenhower.me and other domains. Eisenhower is a closed platform where registered users can keep track of their to-dos. Eisenhower allows personal task management and work organization. Eisenhower can be operated and used worldwide in web browsers and with dedicated mobile applications.
1. SCOPE OF THE AGREEMENT
1.1 These Terms of Use apply to your use of Eisenhower with all contents, features, services and rules for the contractual relationship between you and us. Your general terms and conditions will become part of this agreement only if expressly agreed in writing between us.
1.2 We may agree on additional terms of use with you for certain applications within Eisenhower. But we will inform you in good time prior to the use of such additional terms of use.
1.3 We reserve the right to offer additional services and applications on the platform ourselves or from third parties. In the latter case, we will inform you separately and transmit additional terms and conditions to you, if necessary.
2. SUBJECT OF THE AGREEMENT
2.1 The subject of this agreement is the use of the Eisenhower platform which can be accessed via www.eisenhower.me and other domains redirecting here. Eisenhower makes different applications available to you for use:
Each user has his or her own Eisenhower matrix, including four to-do lists.
If you are logged in through your Facebook account, you can use your Friends List to invite people to join Eisenhower who have not yet registered.
In addition, you can invite people who have not registered on Eisenhower by typing in their e-mail address.
2.2 With Eisenhower, we provide a platform to manage your to-dos.
2.3 We make our best effort to ensure Eisenhower is available up to 24 hours a day, 365 days per year for use. We will notify you in a timely fashion if possible if maintenance is required as a result of which Eisenhower is not available. We are not responsible for Internet or web-related downtimes, especially downtimes during which Eisenhower and the platform cannot be accessed through the Internet due to technical or other problems that are beyond our control (e.g. third party fault).
3. REGISTRATION AND USE
3.1 Registration, Formation of the Agreement
3.1.1 You must register to use Eisenhower.
3.1.2 We offer various ways to register. It is at your free choice which of these methods you want to use to register.
3.1.3 To register with Eisenhower you must enter the required information truthfully and completely, unless they are marked as optional. In case of changes, you must update all data immediately so that we can ensure smooth use. After the registration we will send you a confirmation of your registration by e-mail together with a link to these Terms. The registration process is completed only after receiving this e-mail (“Completion of the Registration”).
3.2 Formation of the Agreement
3.2.1 Upon full Completion of the Registration, a user agreement is formed between you and us.
3.2.1 You are not entitled to enter into a user agreement. We may refuse your registration request at any time without providing any reasons. In that case, we will, of course, delete any information and data you have already entered.
3.2.3 You may use all non-paid features of Eisenhower for free. Paid features are disclosed as such and either billed following their related one-time transactions or at a given interval.
3.2.4 You may use the Eisenhower web client free of charge or both the web and mobile clients as a “Premium” user following a purchase through the corresponding mobile application market.
3.3 You are responsible for maintaining the confidentiality of your password. This means that you must keep your access password secret, may not disclose it, will not tolerate or allow it to be known by third parties and take the necessary measures to ensure confidentiality. In case of actual or suspected misuse or loss of this information, you are obligated to notify us immediately by e-mail at the e-mail address: support@eisenhower.me.
3.4 Rules for the Use of Eisenhower
3.4.1 When using Eisenhower, you must observe all applicable laws and other regulations of the Federal Republic of Germany. In particular, you may not post and/or distribute data or content such as texts and links which violate regulations or infringe third-party intellectual property rights, copyrights or other rights of third parties. You are solely responsible for the information and content provided by you.
3.4.2 Before entering any to-do, you must ensure that it is not in violation of any laws, public morals and/or does not infringe any rights of third parties. You may not add any to-do with the depiction of violence or pornographic, discriminatory, offensive, racist, defamatory or other illegal contents or depictions.
3.4.3 Contents and texts posted at Eisenhower may not be copied, distributed or otherwise made publicly available without permission from the proprietor of the right, unless this is permitted by law.
3.4.4 It is prohibited to carry out attacks on the performance of Eisenhower, such as the mass sending of e-mails (spam), hacking attempts, brute force attacks, the use or the sending of spyware, viruses and worms.
3.4.5 If you violate these rules, we are entitled to warn you, suspend you or possibly even completely exclude you from using Eisenhower. We have the right to remove illegal content immediately.
3.5 Indemnification
3.5.1 You agree to indemnify us and hold us harmless from and against all claims, including claims for damages, made against us by other users or third parties, including government agencies, as a result of a violation of their rights by the content posted by you on Eisenhower. Furthermore, you will indemnify us and hold us harmless from and against all claims, including claims for damages, made against us by other users or third parties, including government agencies, as a result of a violation of their rights due to your use of Eisenhower. You will assume all reasonable expenses, including all reasonable costs incurred for legal defense, we incur due to an infringement of third-party rights by you. Any further rights and claims for damages we may have remain unaffected. You have the right to prove that costs incurred by us were actually lower.
3.5.2 The above obligations apply only to the extent that you are responsible for the relevant infringement, i.e. that you acted knowingly or willfully or failed to exercise the necessary care required in commercial dealings.
3.6 Data Backup
You will make the necessary arrangements to secure the data and content entered, uploaded and saved by you on Eisenhower on a regular basis and in accordance with the risk level and to create your own backup copies to ensure the reconstruction of data and information in case of their loss.
4. RIGHT OF REVOCATION FOR CONSUMERS
Right of Revocation
You can revoke your willingness to enter into this agreement within 14 days without giving any reasons in text form (e.g. letter, fax, e-mail). The time limit begins after receipt of this instruction in text form, but not before the agreement has been formed or prior to fulfilling our information obligations in accordance with Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Law of the German Civil Code Einführungsgesetz zum Bürgerlichen Gesetzbuch or prior to fulfilling our obligations in accordance with § 312g (1), sentence 1 of the German Civil Code Bürgerliches Gesetzbuch in conjunction with Article 246 § 3 EGBGB. To comply with the revocation period it is sufficient to send the revocation in a timely fashion. The revocation must be sent to:
FTL3 GmbH
Philipp-Reis-Str. 4
40215 Düsseldorf
support@eisenhower.me
Consequences of Revocation
In case of an effective revocation, any services received by the two parties need to be refunded and any benefits derived (e.g. interest) must be returned. You must pay compensation to us to the extent that you have received services and benefits (e.g. usage advantages) but cannot refund or return them or can refund or return them only in part or only in a deteriorated condition. This may cause you to fulfill your contractual payment obligations for the period up to the revocation nonetheless. Any obligations to reimburse payments must be met within 30 days. The time limit begins for you when you send your revocation notice and for us upon its receipt.
Special Notes
Your right of revocation expires prematurely if the agreement is fully fulfilled by both sides on your specific request before you have exercised your right of revocation.
(End of Instruction on the Right of Revocation)
5. RESPONSIBILITY FOR CONTENT
5.1 We do not assume any responsibility for any texts entered by you on Eisenhower, for contents provided, data or information or for content on linked external websites. We especially do not guarantee that these contents are true, serve a certain purpose or could serve such a purpose.
5.2 If you notice or suspect use of Eisenhower in violation of the law or this agreement, you can report it to us at any time via the e-mail address: support@eisenhower.me.
6. LIABILITY FOR DEFECTS
6.1 We are liable for defects in Eisenhower only in accordance with this Clause 6 to the extent that the impairments are not due to limitations of availability, which are finally regulated in Clause 2.4.
6.2 A defect exists whenever the suitability for use in accordance with this agreement is suspended or not insignificantly reduced. If the suitability for use in accordance with this agreement is eliminated altogether, you are released from paying possible recurring compensations under Clause 8 until the defect has been eliminated. In case of partial unsuitability, compensation is reduced to a reasonable level for the period up to the elimination of the defect.
6.3 You are obligated to inform us immediately in writing or by e-mail of any defects that have occurred.
6.4 You are not entitled to claims for damages because of a defect in Eisenhower that existed at the time the agreement was formed or a defect that occurred later due to circumstances that are beyond our control.
6.5 There are no further claims and rights other than those explicitly mentioned in this Clause 6 for defects in Eisenhower unless we are further liable due to mandatory legal regulations.
7. LIABILITY
7.1 Any claims of users for damages are excluded. This does not apply to claims for damages by the user due to injury to life, limb or health or due to the violation of material contractual obligations (cardinal obligations) and the liability for other damage based on intentional or grossly negligent breach of duty by us, our legal representatives or vicarious agents. Cardinal obligations within the meaning of these Terms are obligations that permit the proper execution of the agreement and the achievement of its purpose and on the compliance of which the user can regularly rely.
7.2 In case of violation of material contractual obligations we are liable only to the typical contractual, foreseeable damage if this was caused by simple negligence, unless there are claims for damages by the user due to injury to life, limb or health.
7.3 Claims under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected.
7.4 The limitations of Clauses 7.1 and 7.2 also apply in favor of our legal representatives and vicarious agents if claims are asserted directly against them.
8. COMPENSATION AND BILLING
8.1 The compensation for the use of Eisenhower to FTL3 depends on the billing terms selected by you and is based on the price list in effect at the time the agreement is formed.
8.2 All compensations and prices mentioned are inclusive of the applicable statutory sales tax.
8.3 You may perform a setoff or assert a right of a lien only with legally determined or undisputed receivables. You may assign receivables under this agreement to third parties only with our written consent.
9. DEFAULT
9.1 If you are in default with your payment obligations, we are entitled to deny access to Eisenhower paid features. If you are in default with your payment obligations in a not insignificant amount, we are entitled to terminate the agreement without notice. A not insignificant amount is an amount more than 1 (one) Euro. In this case you remain obligated to pay the monthly compensations.
9.2 The damage amount is to be set higher or lower, as the case may be, if we prove higher or you prove lower damage.
9.3 We reserve the right to assert further claims for default of payment.
10. MISCELLANEOUS
10.1 This agreement is governed by the laws of the Federal Republic of Germany.
10.2 If you do not have a general place of jurisdiction in Germany or in another Member State of the European Union, or if you have moved your permanent residence abroad following the effective date of these Terms of Use, or if your residence or usual place of residence is not known at the time an action is brought, the exclusive venue for any disputes arising out of this agreement is the registered place of business of FTL3
10.3 If any provision of these Terms of Use is or becomes invalid and/or contradicts the statutory regulations, the validity of the remaining provisions of these Terms of Use shall not be affected. The ineffective provision shall be replaced by mutual agreement of the contracting parties by such a provision which comes closest to the commercial purpose of the ineffective provision with legal effect. The above regulation shall apply mutatis mutandis in case of gaps.
10.4 We reserve the right to change these Terms, in particular Clauses 3.1 and 3.5 and the scope of services. You can request the latest version of the Terms of Use via support@eisenhower.me or access it at www.eisenhower.me/terms. You will be notified by e-mail no later than one (1) week before the scheduled start of the new version of the Terms of Use. If you do not object to the validity of the new Terms of Use within one (1) week of them taking effect, the new Terms of Use will be deemed to have been accepted. We will inform you of the importance of the weekly time limit and the right to object as well as the legal consequences of silence separately in an appropriate manner.