License of EyeTrainer
We have developed the application "EyeTrainer" ("EyeTrainer") which can be downloaded at www.eyetrainingapp.com and other domains or can be used online. EyeTrainer is a useful and simple calendar for shift workers. EyeTrainer allows you to view your rotations one month at a time in a clear, color coded format, with icons and backgrounds for each date. EyeTrainer can be used and operated quickly, fully and easily on devices throughout the world and on most conventional and current operating systems.
2.1 The purpose of this agreement is the paid use of the EyeTrainer applications, which can be retrieved via www.EyeTrainerApp.com as a mobile application. All data are stored in the Cloud and can thus be retrieved at any time by various types of terminals or mobile application. In which form and on which devices you can use EyeTrainer is described at www.EyeTrainerApp.com. EyeTrainer provides the following for the use of various different applications.
2.2 In the future, external development partners will be able to offer applications/features via EyeTrainer which you can integrate into your EyeTrainer profile. The price of these applications/features will be determined solely by the development partner. You will enter into the agreement for use for these applications/features solely with the development partner
2.3 EyeTrainer will be available for use ("system uptime") 24 hours a day, 365 days a year with 97% availability on average ("SLA"). If maintenance work is necessary and if EyeTrainer is not available for maintenance reasons, we will duly inform you. Disruptions to EyeTrainer for maintenance reasons will not be counted as part of SLA time. We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which EyeTrainer cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties.
3.1 Downloading EyeTrainer.
3.1.1 You can download EyeTrainer as a mobile app for various devices.
3.2 Concluding the Agreement
3.2.2 Mobile Apps You conclude an agreement for use when you click on the "Install" button on the product description page of the relevant app store
3.2.3 There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all of your information and data.
3.3 You may use all of the features of EyeTrainer after purchasing the app.
3.4 You are responsible for keeping your data confidential. This means, that you don’t give it to anyone else, that you don’t permit or enable third parties to gain knowledge of it and that you take the necessary steps to guarantee its confidentiality. If your credentials are lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via email at: support@EyeTrainerapp.com.
3.5 Rules for Using EyeTrainer
3.5.1 When using EyeTrainer you must obey all of the relevant laws and other legal provisions of the US. In particular, you may not enter and/or disseminate unlawful data or data that infringes copyrights and any other third party rights. Such data includes but is not limited to: text, images, graphics or links. You are solely responsible for the data and content you provide. We do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
3.5.2 Before you upload any document, you must ensure that you are the owner of the exclusive usage rights of the document and that making the document publicly available is not against any laws, moral standards and/or the rights of third parties.
3.5.3 You may not upload any files depicting violence or pornographic, discriminatory, insulting, racist, slanderous or otherwise illegal content or documents and/or make them publicly accessible. Pictures or photos showing people other than yourself may only be uploaded to EyeTrainer if you have the consent of each person.
3.5.4 You, as well as we, can delete or replace photos or other pictures at any time. In particular, we are entitled to remove pictures or files without prior warning if and when there is good reason to believe that publishing them on EyeTrainer violates the law, moral standards and/or the rights of third parties.
3.5.5 Content and texts posted on EyeTrainer may not be copied, disseminated or made publicly accessible in any other way without the explicit consent of the owner of the rights unless this is permitted by law.
3.5.6 Acts of harassment such as sending chain letters or communications of a salacious or sexual nature are not permitted.
3.5.7 You are not allowed to attack the operational capacity of EyeTrainer by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.
3.5.8 If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of EyeTrainer or, if appropriate, to fully exclude you from its use. We are entitled to remove illegal content immediately.
3.6.1 You will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights due to content that you have uploaded to EyeTrainer. Furthermore, you will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of EyeTrainer. You will bear all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.
3.6.2 The above-mentioned obligations will only apply if you are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.
3.7 Data Backup You will take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored on EyeTrainer, and create your own backup copies in order to guarantee reconstruction of the data and content in case of data loss.
4.1 We accept no responsibility for texts, content, images, data and/or information uploaded by you or other EyeTrainer users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from EyeTrainer. In particular, we give no guarantee that the content showed in EyeTrainer is true, fulfill any particular purpose or can serve any particular purpose.
4.2 If you notice or suspect any illegal or non-contractual use of EyeTrainer, you can report this to us at any time via this email address: firstname.lastname@example.org.
5.1 Use of EyeTrainer
5.1.1 The agreement on use of EyeTrainer app is for an indefinite period.
5.1.2 You can reset the app anytime you want. Go to setting and tap ‘Delete all data’ for a complete app reset.
5.1.3 Depending on the Account payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term ("Minimum Term Agreements").
5.1.4 Both parties may terminate the agreement at any time. If you change to another account category, this will not constitute termination. We will simply adapt the conditions of payment and your rights to your new account category.
5.1.5 Agreements with a minimum term will run until the end of the agreed period and will be extended automatically by the same period if you do not terminate your Account beforehand by deleting it in accordance with No. 7.1.2 or by downgrading it to free use. If you terminate or downgrade an account, the original agreements will run to the end of the agreed term and will not be renewed. Reimbursement of already-paid fees for the current term is not possible.
5.1.6 In addition, the agreement may be terminated for just cause. Just cause, which would entitle EyeTrainer to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 3.6 or if you are delayed with your payment obligations in accordance with Section 6.2.1.
6.1 We are only liable for defects in EyeTrainer in accordance with Section 8 provided the impairments are not due to the restrictions in availability (SLA) described in Section 2.4.
6.2 A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will be released from paying your charges in accordance with No. 6 until the defect is corrected. If use is partially available, the charges will be reduced to an appropriate level for the period until the defect is corrected.
6.3 You must inform us of the defect in writing or by email immediately.
6.4 You are not entitled to damages due to a defect to EyeTrainer due to a circumstance for which we are not responsible, either existing when you sign the agreement or occurring thereafter.
6.5 Further claims and rights for defects to EyeTrainer—other than those explicitly named will not be recognized except if we are held liable for them by statutory provisions.
7.1 Use of EyeTrainer Our liability for use of the free EyeTrainer product is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.
7.1.1 Claims by users for compensation will not be recognized. Exceptions are: damages claimed by users for death, physical injury, harm to human health, the breach of essential contractual obligations (cardinal obligations) or liability for other damage resulting from an intently or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal obligations within the meaning of these Terms and Conditions are those obligations that make the due performance of this agreement and the achievement of its objectives possible in the first place, and on the regular compliance of which the user may therefore rely.
7.1.2 Where essential contractual obligations are violated, we will only be liable for the foreseeable damage typical to agreements of this nature if the damage were merely caused negligently, unless the damage claims by the user refer to cases of death or injury to body or health.
8.1 This agreement shall be governed by the laws of the United States.