STIHL DIGITAL PLATFORM
Terms of Use
Version 2 of 23.10.2023
Effective from 16.02.2024
Market: Canada
I. GENERAL PART OF THE TERMS OF USE
1. SCOPE
1.1 STIHL direct GmbH (Badstrasse 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 languages available for concluding the contract in the market Canada are English and French.
1.8 Your General Terms and Conditions of Business (including any terms or conditions of any purchase order, invoice, or other administrative document you issue) will not become part of the usage relationship between STIHL direct and you, even if not expressly rejected by STIHL direct.
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 (“platform providers”) are not parties to these Terms of Use, are not responsible for the content in the Mobile Apps, and have no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Apps. If any Mobile App does not conform to any warranties STIHL direct provides, you may notify the applicable platform provider, and the applicable platform provider may refund the purchase price for the Mobile App (if applicable). To the maximum extent permitted by applicable law, platform providers will have no other warranty obligation whatsoever with respect to Mobile Apps. You acknowledge that platform providers are not responsible for addressing any claims relating to Mobile Apps or your possession and/or use of Mobile Apps, including but not limited to: (i) product liability claims; (ii) any claim that a Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. STIHL direct, not the platform providers, will be solely responsible for the investigation, defense, settlement and discharge of any claim that a Mobile App or your possession and use of a Mobile App infringes a third party’s intellectual property rights. Platform providers are third-party beneficiaries of these Terms of Use, and platform providers will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties. If you have downloaded a Mobile App via the iTunes Store, your use of the Mobile App must comply with Apple’s App Store Terms and Conditions, located at https://www.apple.com/legal/internet-services/itunes/ca/terms.html.
2. REGISTRATION FOR THE STIHL DIGITAL PLATFORM
2.1. Consumers (as defined below) and individuals operating a business as a sole proprietorship are entitled to use the STIHL Digital Platform, where it is offered, without registering as well as to optionally register for the STIHL Digital Platform and thereby create an account ("STIHL Account"). In the case of both registration and use without registration, natural persons must be the age of majority in their jurisdiction of residence and have full legal capacity. (In Canada, the age of majority is 19 years in British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut and Yukon Territories, and 18 years in Alberta, Manitoba, Ontario, Prince Edward Island, Quebec and Saskatchewan.)
2.2. A consumer is any natural person who enters into a legal transaction for purposes that are primarily personal, family or household. 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 organisation. A contract is thereby concluded between the company and STIHL direct on the basis of these Terms of Use. If you are acting on behalf of an organisation, you represent and warrant that you (i) are an authorized representative or agent/mandatary of that organisation with the authority to bind that organisation to these Terms of Use; and (ii) agree to these Terms of Use on that organisation’s behalf. In such a circumstance, the words "you" and "your" as used in these Terms of Use will refer to and apply to both that organisation and you personally.
2.3.2.Consumers or users of an organisation 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 Notice 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 Notice 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 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 and with or without notice to you, if STIHL direct considers such is necessary for operational reasons 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 at any time by posting updated Terms of Use at https://app.stihl.com/en-ca/legal/terms-of-use. If STIHL direct makes material changes to these Terms of Use, 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 in text form about the change and will send the amended Terms of Use in text form. Any such material amendments will be effective when the specified notice period ends, and your continued use of the STIHL Digital Platform constitutes your consent to and acceptance of the updated Terms of Use. If you do not agree to any change to the Terms of Use then you must stop using the STIHL Digital Platform and cancel your registration for the STIHL Digital Platform. If you are a consumer in the province of Quebec, Canada, we will notify you in writing no less than 30 days preceding the change and provide you with the new terms and the date they are coming into force. You have a right to refuse these changes and rescind your agreement with us, by notifying us in writing within 30 days of the change coming into effect.
3.3. STIHL direct reserves the right to make formal changes, editorial changes and updates to the hyperlinks at any time without prior notice.
3.4. 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. If you have a STIHL Account, you shall be obligated to:
a) ensure that the access data and credentials (including username and password) to your STIHL Account is 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;
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;
d) not access or use the STIHL Digital Platform through any automated means (such as through bots, spiders, scripts, or crawlers), and not access or use the STIHL Digital Platform for purpose of scraping, harvesting, mining, or other data extraction, or for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the STIHL Digital Platform’s operations;
e) not attempt to compromise, circumvent or invalidate any security device or protection for the STIHL Digital Platform;
f) not, unless expressly allowed by law, reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of any part of the STIHL Digital Platform;
g) not access or use the STIHL Digital Platform for the purpose of building a competitive product or service or copying its features or user interface;
h) not access or use the STIHL Digital Platform, or permit it to be accessed or used, for purposes of product evaluation, benchmarking or other comparative analysis intended for publication;
i) not probe, scan, or test the vulnerability of the STIHL Digital Platform or any STIHL system or network.
4.3. You shall be obliged to keep the operating system and/or browser you are using up to date.
4.4. STIHL direct is entitled to remove illegal or offensive content or content that violates the rights of third parties (as determined by STIHL direct in its sole discretion) that you have uploaded to the Solutions via the functions provided by STIHL direct, if STIHL direct acquires knowledge of such content. When using these functions, you must refrain from uploading illegal or offensive content or content that violates the rights of third parties, and you must refrain from any unlawful acts, breaches of the law and infringements of the rights of third parties.
4.5. STIHL direct shall not be responsible if you are provided with a different country version of the Terms of Use and the Privacy Notice 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.
4.6. 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. You acknowledge and agree that the Mobile App may automatically download and install updates, and you agree to receive those updates (and permit STIHL direct to deliver these to you) as part of your use of the Mobile App.
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, perpetual, and transferable right, including the right to sublicense, to without restriction use, disclose, copy, modify, distribute, create derivatives of, and otherwise exploit the feedback for an indefinite period, all without any further notice to or consent from you, and without payment of royalties or other consideration to you.
6.3. 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.
6.4. 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/ca/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 commercially reasonable efforts to make the STIHL Digital Platform available. However, continuous availability of the STIHL Digital Platform cannot be guaranteed. The STIHL Digital Platform and the underlying infrastructure are also regularly technically maintained. You therefore acknowledge and agree that your access to and use of the STIHL Digital Platform might be interrupted and will not be free of errors.
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 reasonable efforts 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, but will have no liability regarding any unscheduled downtime or scheduled downtime of which you did not receive notice.
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 reasonable 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. If you are a consumer (see clause 2.2), you have a right of withdrawal when registering for the STIHL Digital Platform and the STIHL Account, in accordance with applicable consumer protection laws.
9.2. Additionally, 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, at any time with a notice period of thirty (30) days, except where greater notice is required by applicable legislation, in which case such greater notice shall be provided. 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, will be effective at 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 terminate the contract for the use of the STIHL Digital Platform, including the individual Solutions, without notice for good cause, in particular if you violate the Terms of Use and do not remedy this violation within 15 days after STIHL direct notifies you of the breach. STIHL direct reserves the right to terminate the contract for the use of the STIHL Digital Platform, including the individual Solutions, for serious violations immediately and without notice or an opportunity to remedy (for example 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. DISCLAIMERS
TO THE EXTENT PROHIBITED BY LAW, THE DISCLAIMERS OF WARRANTY BELOW DO NOT APPLY TO QUEBEC CONSUMERS. THE DISCLAIMERS OF WARRANTY BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
11.1. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF USE, THE STIHL DIGITAL PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.
11.2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STIHL DIRECT DISCLAIMS ALL REPRESENTATION AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT). STIHL DIRECT DOES NOT REPRESENT OR WARRANT THAT FUNCTIONS CONTAINED IN THE STIHL DIGITAL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE STIHL DIGITAL PLATFORM OR THE SERVERs THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11.3. YOU ACKNOWLEDGE THAT YOUR ACCESS TO AND USE OF THE STIHL DIGITAL PLATFORM WILL NOT BE FREE OF INTERRUPTIONS, THAT THE STIHL DIGITAL PLATFORM MAY CONTAIN BUGS, ERRORS, INACCURACIES OR OTHER LIMITATIONS, AND THAT THE STIHL DIGITAL PLATFORM MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE STIHL DIGITAL PLATFORM.
11.4. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
12. LIABILITY
TO THE EXTENT PROHIBITED BY LAW, THE LIMITATIONS OF LIABILITY HEREUNDER DO NOT APPLY TO QUEBEC CONSUMERS. THE LIMITATIONS OF LIABILITY BELOW OTHERWISE APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
12.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, STIHL DIRECT, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MANDATARIES AND REPRESENTATIVES (COLLECTIVELY “STIHL PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR:
(A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES; OR
(B) LOST PROFITS, BUSINESS, REVENUE, OPPORTUNITIES OR CUSTOMERS; BUSINESS INTERRUPTIONS; LOSS OF OR DAMAGE TO DATA; COST OF REPLACEMENT PRODUCTS OR SERVICES; LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL,
ARISING DIRECTLY OR INDIRECTLY (WHETHER BASED ON BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, AND REGARDLESS OF WHETHER STIHL DIRECT HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES) FROM THESE TERMS OF USE OR YOUR ACCESS AND USE OF (OR YOUR INABILITY TO ACCESS OR USE) THE STIHL DIGITAL PLATFORM, INCLUDING (i) YOUR USE OR RELIANCE ON ANY INFORMATION OR OTHER CONTENT CONTAINED ON OR THROUGH THE STIHL DIGITAL PLATFORM, (ii) ANY INACCURACY OR OMISSION IN ANY INFORMATION OR OTHER CONTENT CONTAINED ON THE STIHL DIGITAL PLATFORM, OR (iii) YOUR USE OF OR RELIANCE ON ANY THIRD-PARTY WEBSITES OR CONTENT LINKED TO FROM THE STIHL DIGITAL PLATFORM.
12.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU RELEASE THE STIHL PARTIES FROM ALL CLAIMS, ACTIONS, LIABILITIES AND DAMAGES OF ANY KIND RELATING TO OR ARISING FROM YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE STIHL DIGITAL PLATFORM.
12.3. IF, DESPITE THE LIMITATIONS SET OUT ABOVE, ANY STIHL PARTY BECOMES LIABLE TO YOU RESULTING FROM YOUR ACCESS TO AND USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE STIHL DIGITAL PLATFORM OR OTHERWISE UNDER THESE TERMS OF USE, THAT LIABILITY WILL BE LIMITED TO THE GREATER OF: (I) THE AMOUNTS RECEIVED BY STIHL DIRECT OR ITS AFFILIATES FROM YOU IN THE 6 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY; AND (II) CAD$50.
12.4. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY TO YOU.
12.5. 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.
13. NOTICES
13.1. The contractual language is English or French.
13.2. 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.
14. 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-ca/legal/privacy.
15. FINAL PROVISIONS
15.1. The contractual relationship between you and STIHL direct is governed solely by the law of the Province of Ontario (including federal Canadan laws applicable in Ontario), insofar as consumer protection laws do not take precedence in your favour in accordance with the laws of the jurisdiction in which you are domiciled or habitually resident. The application of the UN Sales Convention (CISG) is expressly excluded.
15.2. If you are a businessperson or a legal entity or organisation, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be Toronto, Ontario, Canada. The same place of jurisdiction shall apply if you do not have a general place of jurisdiction in the country of origin, if you transfer your domicile or habitual place of residence from the country of origin after the conclusion of the contract, or if your domicile or habitual place of residence is not known at the time the action is brought.
15.3. 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.
15.4. 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.
15.5. The Parties hereto have expressly required that this agreement and all documents and notices relating thereto be drafted in the English language. Les parties aux présentes ont expressément exigé que la présente convention et tous les autres documents ou avis qui y sont afférents soient rédigés en langue anglaise.
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.comor 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 sole proprietorships, the following applies exclusively: Authorised Users of your organisation can set your organisation 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 valid authority for this matter, which entitles him/her to effectively contractually commit you as an organisation. Upon request, proof of that authority must be demonstrated to STIHL direct at all times.
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, including privacy, data protection and employment 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 organisation 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 organisation have violated clauses 3.1 and 3.2. This may also affect access to STIHL connected for users belonging to your organisation. STIHL direct will make reasonable efforts to inform you in advance of the blocking of the STIHL Account, but will have no liability regarding any blocking of which you did not receive notice.
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.
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 otherwise provided or unless supplementary provisions are set out in this Special Part for MY STIHL, the General Part of the Terms of Use shall also apply to your access and use of MY STIHL.
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 be used with or 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; if you use the Mobile App you must accept these Terms of Use s, 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 Notice made available at those sources by the respective provider apply to external links. We provide all such external links for your convenience only; they are not an endorsement or referral by us. Any sites or content that are linked to via MY STIHL are not under our control, and you access them at your own risk. We do not assume any responsibility or liability for any linked sites or contents.
3.2. STIHL direct grants you a right of 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. Subject to the General Part of the Terms of Use, 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 and hereby do grant STIHL direct a free, non-exclusive, revocable right of 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 clause 10 of the General Part of the Terms of Use shall apply.
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