Terms and conditions

General Terms and Conditions of “FURTHResearch”
  1. Area of application
    1. This Agreement regulates all relations between FURTHResearch GmbH & Co. KG, Kruppstr. 16, 52072 Aachen, Germany (referred to hereafter as: “FURTHResearch”) and the customer / user in respect to the use of FURTHRmind
    2. These general terms and conditions are exclusively.
    3. FURTHResearch offers a software called FURTHRmind for documenting and manage experimental data.
    4. The customer does not have to register to obtain FURTHRmind. He can buy a valid license in our online shop using a valid email address or directly by personal contact. The obtained FURTHRmind license is linked to the provided email address. Private customers can decide between three plans: FURTHR free, FURTHR basic, and FURTHR pro, while all non-private customers must ask for a personal proposal. FURTHR free is without charge while FURTHR basic and FURTHR pro is with charge. The detailed differences between the three plans are according section 6 (Provider’s obligations).
    5. FURTHRmind can be downloaded using a link send by email after purchase. The software can be installed on windows computers using windows 7 / 8 / 8.1 / 10 only in 64 bit version.
    6. FURTHRmind is a client – server application. The FURTHRmind client does not store any data locally. All data are stored on servers hosted by FURTHResearch. For non-private customers, there is also the opportunity to host you own server using the FURTHRmind server application which will be provided by FURTHResearch. In order to use the FURTHRmind client software, the customer’s computer needs to have access to the appropriate server (private customers and non-private customers who does not host their own server: furthrmind.furthr-research.com via internet connection).
    7. Non-private customers, who decide for hosting of the data by FURTHResearch will have their own running server instance and database.
    8. FURTHResearch allows private customers to share their data only with other private customers, while non-private customers can share their data only with other non-private customers from the same server instance and database. 
  2. Concluding of the Agreement
    1. The advertisement and presentation of FURTHRmind on the webpage of FURTHResearch does not fulfill a binding offer for the completion of a contract.
    2. With clicking “buy now” on the webpage of FURTHResearch the customer places a binding offer which is valid for two days. This does not imply any changes in your right to withdraw as explained in section 3 (Right to withdraw)
    3. FURTHResearch will confirm the receipt of an order by e-mail. This e-mail is not an acceptance of the order, except this e-mail explicitly mentions the acceptance of the order.
    4. A valid contract is only constituted as soon FURTHResearch accepts the order by e-mail, either by an e-mail containing the order acceptance or by delivering the login credentials, i.e. e-mail and password, for FURTHRmind.
    5. FURTHResearch may reject the customer’s order. In this case, no contract is conducted. FURTHResearch will inform the customer accordingly by e-mail. Already conducted payments made by the customer will be refunded by FURTHResearch
  3. ​Right to withdraw
    1. In case you are a private costumer (in the sense of 13 German Civil Code, i.e. a natural person which makes the respective order for a purpose which does not serve its professional or self-employed job activity), you have the right to withdraw in according to the legal provisions. The instruction to withdraw are found here
  4. Download of software and rights to use
    1. After acceptance of the order by FURTHResearch, FURTHResearch will send an e-mail containing the download link and a generated password, which is necessary to login into FURTHRmind. The username for this login will be the email address, that was used for the order. The password should be changed after first login.
    2. The customer must ensure that he used a valid e-mail address for the order. Furthermore, the customer must inform FURTHResearch on changes of the e-mail address that FURTHResearch is able to fulfill all obligations. FURTHResearch is authorized to store and process the personal data of the respective contract as long as this is mandatory conduct the contract and as long FURTHResearch is obliged to store these data due to applicable law.
    3. The customer agrees that FURTHResearch can send to the customer’s e-mail address information regarding updates, new releases or new functionalities as well as further download links for updates or new releases.
    4. FURTHResearch is the owner of all intellectual property rights regarding FURTHRmind and reserves all rights regarding FURTHRmind, unless you are granted such rights due to these general terms and conditions. The customer has no right to receive the source code.
    5. FURTHResearch grants the customer upon purchase of FURTHRmind a simple right to use the software for a period of time depending on the selected plan as explained in section 6 (Provider’s obligations). The customer may install and use FURTHRmind in sense of the applicable laws and regulations as well as these general terms and conditions.
    6. The customer is not permitted to duplicate, rent out or lease FURTHRmind as well as he is not allowed to translate, or edit FURTHRmind, nor make any other change to it. Furthermore, the customer is not allowed to sub-license the software or make it publicly available. Additionally, he is not permitted to decompile or reverse-engineer FURTHRmind.
  5. Customer’s obligations
    1. The customer is prohibited to bypass any technical measures that protect FURTHRmind
    2. The customer should notify FURTHResearch when detecting any malfunction.
    3. The customer is not permitted to share his login credentials to third.
    4. It is strictly prohibited to save any content that may be considered pornographic, derogatory, discriminating, racist, or anti-competitive in FURTHRmind. The customer is prohibited to save data which are not in line with youth protection or criminal law.
    5. The customer is not allowed to upload scripts to FURTHRmind that potentially cause harm to any computer.
    6. The customers are solely responsible for the content and integrity of the data saved to FURTHRmind.
  6. Provider’s obligations
    1. All servers of FURTHResearch are in Germany and follow the German/European data security law. The customer agrees, that his data will be processed and stored on servers provided by FURTHResearch in Germany/Europe. FURTHResearch saves the customer’s data but does not access the data at any time, unless the user agrees in written form.
    2. In order grant the customer access to his data, FURTHResearch creates an account using the customers e-mail address that was used for purchase and sends a generated password to this e-mail address. This e-mail includes also a link for downloading the software. After installation of the software on the customers computer and starting the software, the users can log into his account by entering e-mail-address and password.
    3. The privacy policy can be reviewed here:
    4. FURTHResearch provides three different plans for private customers: FURTHR free, FURTHR basic and FURTHR pro.
      1. FURTHR basic: FURTHResearch provides storage capacity up to 100 GB to store in total 10 000 experiments. The user can perform comparisons and parameter studies and has the option to include self-prepared python scripts for data read-in and data analysis. Furthermore, the user can share his data with ten other users.
      2. FURTHR basic: FURTHResearch provides storage capacity up to 50 GB to store in total 5 000 experiments. The user can perform comparisons and parameter studies and has the option to include self-prepared python scripts for data read-in and data analysis. Furthermore, the user can share his data with five other users.
      3. FURTHR free: FURTHResearch provides storage capacity up to 5 GB to store in total 500 experiments. The user cannot perform comparisons and parameter studies and has no option to include self-prepared python scripts for data read-in and data analysis. Furthermore, the user cannot share his data with other users.
  7. Prices, terms of payment,
    1. The prices for private customers on the webpage are inclusive VAT. The prices for non-private users are exclusive VAT.
    2. For the basic and pro plan the private customer has to pay charges for the usage.  The prices can be found on the price page on the website.
    3. The Payment is due at the time the contract is concluded respectively at the time of extension of the contract and must be payed immediately via the selected payment method.
  8. Warranty
    1. A defect of the software will be fixed by FURTHResearch during the legal warranty period by providing a defect free update. FURTHResarch can reject the customer’s demand for defect repair in case such modifications cause unreasonable costs. In case the update of such defect cannot be delivered within an adequate period, the customer can reduce the purchase price reasonably.
    2. FURTHResearch does not warrant that FURTHRmind fulfills the customer’s requirements. Specifications of FURTHRmind on the webpage do not ensure any guarantee, unless they are explicitly specified as such.
    3. You do not have any warranty claims, if
      1. a defect is due to other programs or because FURTHRmind is used on not appropriate hardware, unless you prove that the defect is caused directly by FURTHRmind.
      2. FURTHRmind is not used in accordance and/or compliance with laws and regulations or is used in an abusive way or
    4. In case of claims for damage compensation or for the compensation for vain expenditures, such claims are subject to the limitations as explained in section 8 (Liability) in this general terms and conditions
  9. Liability
    1. FURTHResearch is liable in all cases of intent or gross negligence in compliance with the applicable laws regarding damage compensation or compensation for vain expenditures.
    2. In all other cases, FURTHResearch is only liable in case of breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract at all or on the fulfillment of which you as a customer could regularly rely on. In any case, the liability of FURTHResearch is limited to the compensation of the foreseeable and typical damage. In all other cases the liability of FURTHRmind is excluded.
    3. With respect to a free plan of FURTHRmind, FURTHResearch is only liable in case of intent or gross negligence.
    4. FURTHResearch is not liable for the server problems in respect to connection, blackouts and other failures, which cannot be influenced by FURTHResearch.
    5. FURTHResearch will do everything possible to protect data against unauthorized access or damage. Nevertheless, in case of intrusion or deletion FURTHResearch is not liable and no compensation can be granted.
    6. FURTHResearch reserves that the server functionality might be temporarily restricted due to updates and maintenance of the server hardware and the FURTHRmind server application.
    7. FURTHResearch reserves the right to add or remove single functions from FURTHRmind.
    8. FURTHResearch is not liable for any content in FURTHRmind provided by customers of FURTHResearch.
  10. Deletion and blocking of content/account
    1. The customer can delete his data at any time.
    2. If a plan is changed from basic plan or pro plan to free plan, data will be deleted within 30 days without further notice to fulfill the maximum storage capacity of the free plan as explained section 6 (Provider’s obligations). It is the customers responsibility to save, extract or export the data in time.
    3. If a plan is changed from pro plan to basic plan, data will be deleted within 30 days without further notice to fulfill the maximum storage capacity of the basic plan as explained section 6 (Provider’s obligations). It is the customers responsibility to save, extract or export the data in time.
    4. After contract termination, the customer’s data will be deleted within 30 days. It is the customers responsibility to save, extract or export the data in time.
    5. FURTHResearch can block or delete the customer’s account in case of suspicion that the content of the data violates the user’s obligations (See section 5).
  11. Contract duration
    1. The contract between FURTHResearch and the customer takes effect with sending the login credentials to the customer’s e-mail address. The parties may terminate this contract at their convenience with respect to the cancellation period. The cancellation of contract must be addressed in writing to FURTHResearch GmbH & Co. KG, Kruppstr. 16, 52072 Aachen, Germany or via e-mail to info@furthr-research.com.
    2. If the customer buys a free plan the contract runs for indefinite time and can be canceled without any reason at any time.
    3. When a basic or pro plan is bought, the customer can choose between a contract duration of one month or one year. The contract automatically extends for another contract duration at the expiry, unless the contract is canceled in writing till 14 days in advanced to the expiry of the contract. After cancelation of the basic or pro plan the account will be transferred to a free plan.
    4. In addition, FURTHResearch and the customer have the right to cancel this agreement for a good cause. A good cause for cancelation of the contract by FURTHResearch includes in particular a serious breach by the customer of the customer’s obligations (section 5) or a sustainable default in payment of the customer (section 7, Price, terms of payment). In this case, FURTHResearch can transfer the customer from the basic or pro plan to a free plan.
  12. Final provisions 
    1. These general terms and conditions can be modified by FURTHResearch at any time. FURTHResearch will inform the customer via e-mail to the e-mail address of the user used for purchase.
    2. This agreement, together with the documents referred to, constitutes the whole agreement between FURTHResearch and the customer. It is valid for all other relations also in the future, even if not explicitly agreed. FURTHResearch explicitly disagrees to the inclusion of contrary customer’s general terms and conditions.
    3. Aachen, Germany, is the place of jurisdiction for all claims and legal proceedings.