Terms of Service

“You”, “User”, “Customer” - means a user of Our Services who is an employee of or a contractor for a company having entered in a contract with Us for using our Services.

“We”, “Us”, “Our” - refers to the entity of Project First UG.

“Service”, “Services” - means the services We provide to You. This can be software, data, authentication, support, documentation, backups, etc.

We provide Lean Construction Management Services in the form of cloud software. This includes a Planning Board for tasks, Takt Planning, Workforce Management, an app for collecting actual data in the field and analytics apps plus hosting, 3rd party services, documentation and support so that You only need a browser to run the software.

We recommend using Google Chrome, Firefox or Safari browsers in their latest version with JavaScript enabled.

These Terms of Service are a legally binding contract between You and Us. By using our Services you agree to comply with the latest version of these terms. If you access or use the Services or continue accessing or using the Services after being notified of a change to the Terms of Service You confirm to have read, understood and agreed to be bound to the Terms of Service.

You may use the Service only if

1. You are at least eighteen (18) years old and able to enter into contracts,
2. You agree to these Terms of Service,
3. You are not based in any country that is subject to the embargo list of the EU or the USA,
4. You are not listed on any EU or US Government list of restricted persons.

We provide you limited access to Our Services for Your personal use. If your subscription limits the number of projects and/or resources then your access right is limited to these restrictions.

Our web site and its entire content is owned by Us or Our licensors. You are not allowed to download any content of the Service (other than your own data) or modify it or any portions thereof. This license does not include any resale, any copying of account information or any use of robots, data mining or other form of data gathering tools.

Orders - You may order our Services using the then-current order process. The date of the order is the earlier of either the date We receive the order or the date next to the signature (“Effective date”).

Payments - You agree to pay all fees according to the terms set forth on the invoice. All payments You make are final and non-refundable. You are responsible for providing correct and current contact, billing and payment information to Us or any reseller.

Taxes - Our listed prices don’t include any taxes, duties, levies or similar such as withholding, value added, goods and service, excise, sales or use (collectively “Taxes”). You are responsible for paying Taxes associated with Your purchase. If You are located in an EU member state other than Germany we will charge you VAT unless you provide us with a VAT number issued by the taxing authority of Your country.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROJECT FIRST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES. IN ANY CASE PROJECT FIRST’S MAXIMUM CUMULATIVE LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE CURRENT VALID CONTRACT PERIOD.

1. By You - You can terminate this contract at any time by written notice. This doesn’t relieve You from payment of any outstanding subscription or termination fees.
2. By Us - If we terminate the use of the Service by You we will make reasonable efforts informing You at least 30 days prior to termination via the email You provided. In this case we will provide information on how to retrieve your content.

We may, at any time, terminate Your use of the Service if

1. You breach any of the Terms of Service,
2. You fail to make timely payments of the fees.

Our contracts are recurring. If Your contract is not terminated at least 30 days prior to its end date it will automatically renew for another period.

These Terms of Service are governed by the law of the Federal Republic of Germany.

If any provision of these Terms of Service is determined to be illegal or in conflict with the applicable law the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision which is economically equivalent. The same shall apply in case of an omission.

Please see our Imprint for the latest contact information.