STIHL DIGITAL PLATFORM
Terms of Use
Version 2 of 03.11.2023
Effective from 16.02.2024
Market: Australia
I. GENERAL PART OF THE TERMS OF USE
1. SCOPE
1.1 STIHL direct GmbH (Badstr. 115, 71336 Waiblingen, Germany, registered at District Court of Stuttgart, HRB 773503, VAT ID No. DE329143527), ("STIHL direct") is the provider of the STIHL Digital Platform.
1.2 The STIHL Digital Platform enables you to access free applications and services from STIHL direct ("Solutions"; the Solutions are hereinafter, unless expressly stipulated otherwise, part of the STIHL Digital Platform). Solutions may, however, be available only in certain markets and consequently not used in your market.
1.3 As part of the STIHL Digital Platform, STIHL direct offers you various applications for using the STIHL Digital Platform and the Solutions for mobile devices ("Mobile App") and browser-based applications ("Web App") (Mobile App and Web App together "App").
1.4 In order to use the STIHL Digital Platform, including the Solutions, you are required to register a "STIHL Account". This shall not apply, however, if for a Solution it is stipulated in the respective Special Part that individual features of a Solution or the whole Solution can also be used without registering for a STIHL Account. In this case, however, you shall solely have access to the part of the respective Solution that can be used without registering.
1.5 These Terms of Use govern your access to and use of the STIHL Digital Platform. Your use of the Solutions available through the STIHL Digital Platform is additionally governed by supplementary provisions in Special Parts of these Terms of Use. In the event of a conflict between the General Part and the Special Parts of these Terms of Use, the provisions of this General Part shall take precedence.
1.6 The STIHL Digital Platform Terms of Use shall apply in the version valid at the time of registration or as accepted by you at a later date.
1.7 The sole language available for concluding the contract in the market Australia is English
1.8 These Terms of Use are the exclusive terms governing the usage relationship between you and STIHL to the exclusion of all other representations and terms, including any general terms and conditions of business you may have.
1.9 The Terms of Use are valid exclusively between STIHL direct and you. If you download mobile apps from the respective Apple Inc. or Google LLC app store to your mobile device, Apple Inc. and Google LLC are not responsible for the content in the mobile apps.
2. REGISTRATION FOR THE STIHL DIGITAL PLATFORM
2.1. To register for the STIHL Digital Platform (“STIHL Account”), you must be a natural person and at least 18 years of age and fully competent to enter into legal transactions.
2.2. A consumer is any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to his or her professional or self-employed activity. An entrepreneur acts in the course of his or her professional or self-employed activity.
2.3. The following shall apply to registering for the STIHL Digital Platform:
2.3.1. Legal entities and partnerships that are not also natural persons cannot register for the STIHL Digital Platform. However, within the framework of Solutions, where appropriate these can be set up as organisations by an authorised user acting on behalf of the company. A contract is thereby concluded between the company and STIHL direct on the basis of these Terms of Use.
2.3.2. Consumers or users of a company can also be invited to the STIHL Digital Platform by an already registered user. If you use the invitation function provided by STIHL direct for this purpose, you undertake to use the invitation function lawfully and only to the intended extent.
2.3.3. You are obligated to provide truthful and complete information within the context of registration, in particular on the country of your place of business or residence and any other information requested by STIHL direct in the context of registration. If you provide incorrect information about the country of your place of business or residence when registering, you may not be presented with Terms of Use and/or Privacy Policy specific to your country. STIHL direct shall not be responsible if you are provided with a different country version of the Terms of Use and the Privacy Policy if, when registering for the STIHL Digital Platform, you indicate an incorrect country for your place of business or residence or due to any other technical interference in the STIHL Digital Platform, such as changing URL parameters.
2.3.4. Before you complete the registration, you will be offered technical tools to change your details and correct input errors. Registration can be cancelled at any time.
2.3.5. By completing the registration, you make a binding offer to STIHL direct for the conclusion of a contract for use of the STIHL Digital Platform based on these Terms of Use.
2.3.6. Immediately after the registration has been completed, you will receive an email from STIHL direct to the email address provided at registration, containing an activation link. The activation link is valid for the period specified in the email. If the activation link is not confirmed by you in due time, the originally submitted offer to conclude a contract for use of the STIHL Digital Platform will cease to be valid and you will have to restart the registration process for the STIHL Digital Platform.
2.3.7. After confirming your email address within the deadline, STIHL direct will send you an email confirming your successful registration. Upon receipt of the confirmation email, a contract for the use of the STIHL Digital Platform will be concluded between STIHL direct and you with the content of the Terms of Use. Along with the confirmation email, the STIHL direct Terms of Use will also be sent to you to the email address specified in the registration.
2.3.8. STIHL direct reserves the right to, acting reasonably, temporarily or permanently block your access to the STIHL Account and therefore to the STIHL Digital Platform and any other Solutions, if you:
a) violate the obligation to provide truthful information within the framework of registration or violate your obligations pursuant to clause 4 or
b) if STIHL direct has any other legitimate interest in the temporary or permanent blocking of your STIHL Account.
STIHL direct will endeavour to inform you in advance of the blocking of the STIHL Account.
3. CHANGES TO THE CONTENT OF THE STIHL DIGITAL PLATFORM AND TERMS OF USE
3.1. STIHL direct reserves the right to make changes to the STIHL Digital Platform, without your prior consent, for good cause, if such change is necessary for operational reasons such as for adaptation to a new technical environment, increased user numbers, the usability of the STIHL Digital Platform or other important operational reasons and is free of charge for you.
3.2. STIHL direct reserves the right to change these Terms of Use with your consent, for good cause, if:
a) the STIHL Digital Platform and/or Solutions need to be adapted or discontinued as a result of a change in the law or case law; and/or
b) for other reasons, a change or addition to the STIHL Digital Platform and/or Solutions seems imperative and does not place you at an unreasonable disadvantage.
STIHL direct will inform you thirty (30) days in advance or, if STIHL direct is able to do so in the respective individual case, sooner and in advance about the change in accordance with this clause 3.2 and will send the amended Terms of Use. In accordance with the provisions of this clause 3.2 before the date of entry into force of the amendment, you may either grant or withhold your consent. Consent shall also be deemed granted if you do not explicitly consent before the date of entry into force (“Assumed Consent”), unless you expressly refuse consent vis-à-vis STIHL direct before the amendment enters into force. The text form is sufficient for refusal of consent. For each amendment as defined in this clause 3.2, STIHL direct will expressly inform you of the legal consequences of Assumed Consent.
3.3. Any amendment to the usage relationship exceeding the scope specified in clauses 3.1 to 3.2 shall require your explicit consent. STIHL direct will inform you thirty (30) days in advance, or, if STIHL direct is able to do so in the respective individual case, earlier in text form about the amendment to the Terms of Use and will send the amended Terms of Use in text form. In accordance with the provisions of this clause 3.3, you may either grant or withhold your consent. If you do not consent to the amendment in accordance with this clause 3.3 within thirty (30) days, the contractual relationship will be continued on the previous, unchanged Terms of Use.
3.4. STIHL direct reserves the right to make formal changes, editorial changes and updates to the hyperlinks at any time without prior notice.
3.5. You will not incur any additional costs due to changes made under this clause 3.
4. GENERAL OBLIGATIONS OF THE CUSTOMER
4.1. When using the STIHL Digital Platform, you must refrain from unlawful acts, breaches of the law and infringements of third party rights.
4.2. Without limiting any of these Terms of Use, you must not:
a) use the STIHL Digital Platform in any way that is unlawful or is not permitted by these Terms of Use;
b) use theSTIHL Digital Platform in any way that causes, or is likely to cause, any interruption, damage or otherwise impair the App in any way or would negatively affect or otherwise diminishes the quality of another user’s experience of the STIHL Digital Platform;
c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with us or any other person or entity;
d) remove, erase, obscure or tamper with any copyright or any other product identification or proprietary rights notices, seal or instructional label printed or stamped on, affixed to or encoded or recorded in or on theSTIHL Digital Platform;
e) copy or otherwise reproduce the STIHL Digital Platform (or any part of any of it), post, publish or create derivative works based on the STIHL Digital Platform;
f) sell, market, licence, sublicense, distribute or otherwise grant to a third party any right to use the STIHL Digital Platform;
g) decompile or reverse engineer the STIHL Digital Platform, or to take any other action to discover the source code or underlying ideas or algorithm of any components of the STIHL Digital Platform;
h) translate, merge, adapt, vary, alter or modify, the whole or any part of the STIHL Digital Platform nor permit the STIHL Digital Platform (or any part of any of them) to be combined with, or become incorporated in, any other programs; or
i) utilise any data gathering and extraction tools, such as robots, to extract for re-utilisation any part of the STIHL Digital Platform.
4.3. If you have a STIHL Account, you shall be obligated to:
a) ensure that the access data to your STIHL Account are not accessible to third parties. You are liable for all activities carried out under your STIHL Account, even if these have been carried out by a third party, insofar as you are responsible for this;
b) use a secure password for your STIHL Account;
c) immediately notify STIHL direct in text form of any misuse of your STIHL Account in order for access to the STIHL Account to be blocked; and
4.4. You shall be obliged to keep the operating system and/or browser you are using up to date.
4.5. STIHL direct is entitled to remove illegal or offensive content or content that violates the rights of third parties that you have uploaded to the Solutions via the functions provided by STIHL direct, if STIHL direct acquires knowledge of such content.
4.6. STIHL direct shall not be responsible if you are provided with a different country version of the Terms of Use and the Privacy Policy during your use of the STIHL Digital Platform if you indicated an incorrect country for your place of business or residence or due to any other technical interference in the STIHL Digital Platform, such as changing URL parameters.
4.7. It is your responsibility to install updates for apps provided by STIHL direct within a reasonable period of time. If you do not do so, although STIHL direct has advised you of the availability of the update and the consequences of a failure to install the same, STIHL direct shall not be responsible for product defects of the Apps resulting from the failure to install the update. If, on the basis of the information provided to you, you are unable to perform the installation properly, you shall be obligated to promptly inform STIHL direct of this.
5. TECHNICAL REQUIREMENTS
5.1. The use of the STIHL Digital Platform requires a compatible device, i.e. an Internet-enabled smartphone/tablet/etc. for Mobile Apps or an Internet-enabled smartphone/tablet/PC/laptop/etc. with a supported Internet browser for Web Apps.
5.2. You shall be independently responsible for the operation of the device and for access to the Internet and shall bear the costs incurred thereby.
5.3. The service transfer point for the provision of the STIHL Digital Platform is the output of the data centre of the infrastructure used by STIHL direct.
6. RIGHTS OF USE
6.1. Upon conclusion of the agreement, you will be granted a simple right to use the STIHL Digital Platform as intended for the term of the agreement, subject to the Terms of Use. This includes, as far as technically necessary, the installation as well as the loading, displaying and running on your device.
6.2. STIHL direct gives you the opportunity to submit comments and suggestions for improvement in relation to the products offered by STIHL direct and the STIHL Digital Platform (“feedback”). By sending your feedback to STIHL direct you grant STIHL direct a free, non-exclusive, irrevocable and transferable right, including the right to sublicense, for an indefinite period and to the extent necessary to take account of and act on your feedback.
6.3. No intellectual property rights in the STIHL Digital Platform are assigned to you and you acknowledge and agree that STIHL direct own all intellectual property rights in the STIHL Digital Platform. You have no intellectual property rights in, or to, the STIHL Digital Platform other than the right to use the STIHL Digital Platform in accordance with, and as expressly granted by, these Terms of Use. Any rights not expressly granted by these Terms of Use are reserved by us. This includes all right, title and interest in the object code and source code of the STIHL Digital Platform.
6.4. You are not permitted to interfere with or manipulate the data flow of the STIHL Digital Platform nor to add or derive data through your own interfaces. Access to the data in the STIHL Digital Platform is only permitted via the user interfaces provided.
6.5. As far as you use the Apps on an Apple device, the right to use the Apps extends to all Apple devices which you own or control. Under the terms of the Apple Media Services (available at https://www.apple.com/legal/internet-services/itunes/au/terms.html), the Apps may also be accessed, installed, and used in accordance with these terms by other accounts associated with you (such as Family Sharing or Volume Purchases).
7. AVAILABILITY
7.1. STIHL direct makes every effort to make the STIHL Digital Platform available within the limits of what is reasonable. However, continuous availability of the STIHL Digital Platform cannot be guaranteed. The STIHL Digital Platform and the underlying infrastructure are also regularly technically maintained.
7.2. The provision of the STIHL Digital Platform may be subject to restrictions, in particular in the event of disruptions or restrictions that are not within STIHL direct's control. Furthermore, restrictions may arise in particular for the following reasons:
a) for reasons of force majeure, as specified in clause 8;
b) due to technical and other disruptions or measures, such as repair, maintenance, software updates, enhancements to the systems and the STIHL Digital Platform or implemented by upstream and downstream service providers, that are necessary for the proper or improved delivery of the STIHL Digital Platform; or
c) due to lack of availability or capacity constraints for mobile, data and other Internet connections.
7.3. STIHL direct makes every effort to inform you in good time of any planned maintenance work on the STIHL Digital Platform; for example, by displaying a corresponding notice in the Apps.
8. FORCE MAJEURE
STIHL direct shall not be liable to you for any delay or failure to comply with any STIHL direct performance obligation, if the delay or failure is due to an event beyond the control of STIHL direct or you, which prevents STIHL direct in whole or in part from fulfilling its obligations, including fire damage, floods, strikes, epidemics and pandemics, lockouts and administrative orders ("force majeure").
9. RIGHT OF WITHDRAWAL
9.1. You may terminate your contract for the use of the STIHL Digital Platform at any time.
10. TERM AND TERMINATION
10.1. The contract between you and STIHL direct for the use of the STIHL Digital Platform is concluded for an indefinite period.
10.2. You may delete your STIHL Account at any time without giving any reason. By deleting the STIHL Account, the contract for the use of the STIHL Digital Platform between you and STIHL direct ends. All Solutions made available through your STIHL Account will be terminated automatically due to the deletion; STIHL direct will inform you about this fact separately when you delete your STIHL Account. This clause 10.2 applies accordingly if you have registered solely via a Solution without using a STIHL Account.
10.3. STIHL direct is entitled to terminate the contract for the use of the STIHL Digital Platform, including Solutions used via the platform, with a notice period of thirty (30) days. The termination will be notified in text form to the email address provided by you.
10.4. You and STIHL direct may not terminate the contract in accordance with clauses 10.1 to 10.3 above if there is a contract between you and STIHL direct for use of the Solutions with a different term and/or notice period in the respective section of the Special Part of the Terms of Use. In such a case, the termination of the contract for the use of the STIHL Digital Platform, including the Solutions used via the platform, may be affected at the earliest to the end of the term of the longest-running Solution; in such cases, it shall continue to be possible for you to delete the STIHL Account in accordance with the provisions of clause 10.3.
10.5. STIHL direct is entitled to extraordinarily terminate the contract for the use of the STIHL Digital Platform, including the individual Solutions, without notice for good cause, in particular if you commit a serious violation of the Terms of Use and, in spite of a warning, do not remedy this violation within a reasonable period of time. A warning is not necessary if the violation is so serious that a prior warning is ruled out due to the very nature of the case. A violation of the Terms of Use shall be deemed serious in particular if you exceed the scope of your rights of use or if you compromise STIHL direct's IT security.
10.6. Upon termination of the contract for the use of the STIHL Digital Platform, STIHL direct shall be entitled to block your access to the STIHL Account. After this time, you will not be able to access the data stored in the STIHL Account or the Solutions.
11. LIABILITY
11.1. To the maximum extent permitted by law, in no circumstances are STIHL direct liable, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause, to you for any indirect or consequential loss or damage, loss of business, loss of profits, loss of revenue, loss of opportunity, loss of goodwill or anticipatory profits, or business interruption, incurred by you under or in connection with these Terms of Use or their subject matter.
11.2. To the extent permitted by law, you agree that our aggregate liability for any claims under or in connection with this EULA, however they arise and whether in contract, tort (including negligence and breach of statutory duty), shall not exceed $500 Australian Dollars.
11.3. If any guarantee, condition, warranty or term is implied or imposed by any applicable law and cannot be excluded (a non-excludable provision), and we are able to limit your remedy for a breach of the non-excludable provision, then our liability for breach of the non-excludable provision is limited exclusively (to the maximum extent permitted by law) at our option to the supplying of the Solutions again, or the payment of the cost of having the Solutions supplied again.
11.4. STIHL direct provides the STIHL Digital Platform on an “as is” and “as available” basis. All express or implied warranties, representations, statements, terms and conditions relating to these Terms of Use, are excluded to the maximum extent permitted by applicable law.
11.5. Nothing in these Terms of Use excludes, restricts or modifies any guarantee, term, condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded or limited, (which may including under the Australian Consumer Law).
11.6. You are required to take appropriate measures to prevent and mitigate damage, in particular to ensure, where technically possible, appropriate security of your data on your devices. Liability for data corruption or data loss is limited to the typical recovery effort that would have been necessary if backup copies had been made regularly and in accordance with the level of risk, and if adequate virus protection had been used.
12. NOTICES
12.1. The contractual language is English.
12.2. If you have a STIHL Account, communication with you will take place via the email address provided in the STIHL Account. In all other cases communication will take place via the respective Solution and the data you have stored there.
13. DATA PROTECTION
When processing your personal data STIHL direct shall comply with the applicable data protection legislation as well as STIHL direct’s Privacy Notice for the STIHL Digital Platform and STIHL Solutions, available at https://app.stihl.com/en-au/legal/privacy
14. GENERAL TERMS
14.1. These Terms of Use are governed by the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of New South Wales. The application of the UN Sales Convention (CISG) is expressly excluded.
14.2. There are no ancillary agreements to these Terms of Use. Amendments and additions to these Terms of Use shall be in writing unless a stricter form is required by law. This also applies to amendments or additions to this written form clause.
14.3. Should any provision of these Terms of Use be or become wholly or partly ineffective or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use.
14.4. If you would like to contact us about these Terms of Use, please write to us at STIHL direct's email address, which reads as follows: info@stihl.de.
II. SPECIAL PART OF THE TERMS OF USE for STIHL connected
1. SCOPE
1.1. This special part of the Terms of Use for STIHL connected ("Special Part for STIHL connected"), together with the General Part of the Terms of Use, governs your access to STIHL direct's digital management solution for equipment fleets, especially in horticulture and landscaping, maintenance of green areas and forestry ("STIHL connected").
1.2. Unless stipulated otherwise or additionally in this Special Part for STIHL connected, the General Part of the Terms of Use shall also apply to this.
2. USE OF STIHL connected
2.1. STIHL connected is used via https://app.stihl.com, or via the STIHL connected Mobile App using your STIHL Account.
2.2. Within STIHL connected, Organisations can be set up by authorised Users. The following requirements shall apply:
a) For Organisations that are companies, the following applies exclusively: Authorised Users of your company can set your company up as an Organisation in STIHL connected. A contract is thereby concluded between the company and STIHL direct on the basis of these Terms of Use. The User performing the setup must have the lawful authority to contractually commit you as a company. Upon request, such authority must be demonstrated to STIHL direct.
b) For all other Organisations, the following applies exclusively: You can set up an Organisation with STIHL connected. There is no further contractual agreement between STIHL direct and this Organisation. You, as the authorised user and administrator of the Organisation, shall thereby remain the exclusive contractual partner of STIHL direct. You shall be obligated to fulfil the specific duties of the Organisation (see clause 3 of this Special Part for STIHL connected) vis-à-vis STIHL direct.
2.3. After your successful creation as an Organisation, additional users can be invited to the Organisation via a user management. These other users must have their own STIHL Account in accordance with the General Part of the Terms of Use. Clause 2.3.1 of the General Part of the Terms of Us shall apply to the invitation to STIHL connected.
3. SPECIAL DUTIES AS AN ORGANISATION AND BLOCKING
3.1. As an Organisation, you are obligated to use the functions and information provided via STIHL connected in accordance with applicable statutory requirements, in particular of data protection and labour laws. You must thereby refrain from unlawful acts, breaches of the law and infringements of the rights of third parties.
3.2. As an Organisation, you are also obligated to commit the users belonging to your company to comply at all times during their use of STIHL connected with the corresponding obligations in this Special Part for STIHL connected and in the additionally applicable General Part of the Terms of Use.
3.3. STIHL direct reserves the right to temporarily or permanently block your access as an Organisation and thus to the STIHL Digital Platform and the STIHL connected Solution, if you or the users belonging to your company have violated the above obligations of clauses 3.1 and 3.2. This may also affect access to STIHL connected for users belonging to your company. STIHL direct will endeavour to inform you in advance of the blocking of the STIHL Account.
4. TERM
The contract between you and STIHL direct for the use of STIHL connected is concluded for an indefinite period. Otherwise, clause 10 of the General Part of the Terms of Use shall apply.
5. DATA PROTECTION
We deal with your personal information in accordance with the applicable data protection regulations as well as the Privacy Policy of STIHL direct for STIHL connected, available at https://app.stihl.com/en-au/legal/privacy.
III. SPECIAL PART OF THE TERMS OF USE for MY STIHL
1. SCOPE
1.1. This Special Part of the Terms of Use for MY STIHL (“Special Part for MY STIHL”) governs, together with the General Part of the Terms of Use, your access to the Mobile App and to the Web App of the Solution MY STIHL (together “MY STIHL”).
1.2. Unless stipulated otherwise or additionally in this Special Part for MY STIHL, the General Part of the Terms of Use shall also apply to this.
2. USE OF MY STIHL
2.1. MY STIHL is used via the Web App at https://my.stihl.com or via the Mobile App of MY STIHL.
2.2. The Web App can be used only with a STIHL Account. The Mobile App can also be used without a STIHL Account, but when using it with your STIHL Account advanced features are available to you. Using the Mobile App with a STIHL Account is, however, not compulsory; in this case, these Terms of Use have to be accepted nevertheless, but a STIHL Account is not created.
3. Retrievable content
3.1. We provide you with editorial content via MY STIHL, including via external links in some cases. Please note that the Terms of Use and Privacy Policy made available at those sources by the respective provider apply to external links.
3.2. STIHL direct grants you a right to use in accordance with clause 6.1 of the General Part of the Terms of Use to content that is made available.
4. Digital Tool Shed
4.1. Please note that the Digital Tool Shed functionality is available to you only after you have logged in to MY STIHL with your STIHL Account.
4.2. The Digital Tool Shed enables you to add and manage STIHL device and devices of other manufacturers.
4.3. Where available for the respective STIHL device in your market, when it has been added to the Digital Tool Shed a warranty extension can be concluded for this STIHL device. The warranty extension is not granted by STIHL direct, but by the respective company displayed at the time of conclusion, under the respective conditions displayed. To this end, the data is forwarded by STIHL direct to the company displayed in accordance with the Privacy Notice; for more details, see clause 13 of the General Part of the Terms of Use. Confirmation of the warranty extension can be retrieved in the Digital Tool Shed under the respective STIHL device. More details on the warranty extension can be found in the information displayed in the Digital Tool Shed.
4.4. You can store documents for STIHL devices and devices of other manufacturers in the Digital Tool Shed, such as invoices, instruction manuals, service logs and other information (together “files”) on the devices that have been added. STIHL direct will hold these files, including other documents on STIHL devices, where applicable, for you and make them available to you in the Digital Tool Shed for retrieval.
4.5. To enable it to provide this feature you shall grant STIHL direct a free, non-exclusive, revocable right to use for a period limited to the term of the contract between you and STIHL direct on the use of MY STIHL to the stored data to the extent necessary to provide the service to you in accordance with its intended purpose. Before storing the files, please ensure that you are authorised to share them with STIHL direct and to store them in the feature.
4.6. You can set service reminders for devices that have been added to the Digital Tool Shed. You can choose, for each stored device, whether you would like to receive a service reminder within the Solution and also via email.
5. TERM
The contract between you and STIHL direct on the use of MY STIHL shall be concluded for an indefinite period. In all other respects clauses 9 and 10 of the General Part of the Terms of Use shall apply.
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