STIHL DIGITAL PLATFORM
Terms of Use
As at: 14 November 2022
Market: United Kingdom
I. GENERAL TERMS OF USE
1. SCOPE
1.1
STIHL Direct GmbH (Badstr. 115, 71336 Waiblingen, Germany, 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 gives you access to free applications and services from STIHL Direct in line with these Terms of Use ("Solutions"; throughout these Terms of Use we refer to the Solutions as part of the STIHL Digital Platform unless we say otherwise).
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
To use the STIHL Digital Platform, including the Solutions, you are required to register a "STIHL Account".
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 set out in the STIHL connected Specific Terms. In the event of a conflict between these General Terms of Use and the STIHL connected Specific Terms, these General Terms of Use will take priority.
1.6
Please read the latest version of these Terms of Use each time you access the Solutions, as these are updated from time to time. If you do not agree with any update to the Terms of Use, please do not use any of the Solutions.
1.7
Where you are a business customer, these Terms of Use are the entire agreement between us in relation to your use of the Solutions and your General Terms and Conditions of Business will not govern the usage relationship between STIHL Direct and you.
1.8
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.
All users accessing the STIHL Digital Platform must be at least 18 years old. Depending on whether you are acting in as an individual in a personal capacity (“consumer”), or in a professional capacity (“business user”) specific terms will apply to you and these are indicated in bold in these terms.
2.2.
You can also be invited to the STIHL Digital Platform by an already registered user, in which case these Terms of Use will apply. If you share the invite to another user, you will ensure that you use this functionality in line with the requirements of these Terms of Use.
You must provide truthful and complete information when completing your registration, in particular on the country of your place of business or residence and any other information requested by STIHL during the registration process. If you provide incorrect information about the country of your place of business or residence when registering, you may not be presented with the Terms of Use and/or Privacy Policy specific to your country, and if you are a business user, STIHL Direct shall not be responsible if you are provided with a different country version basedon what you indicated or due to any other technical interference in the STIHL Digital Platform, such as changing URL parameters.
2.3.
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.
2.4.
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.
2.5.
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. 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.
2.6.
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) provide false or inaccurate information as part of the registration process, or are in breach
of your obligations in clause 4; or
b) if you are a business user, if STIHL Direct has any other legitimate interest in the
temporary or permanent blocking of your STIHL Account.
STIHL Direct will take reasonable steps 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 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.
For any other changes which are not set out in clause 3.1, STIHL Direct will provide you with at least thirty (30) days’ notice before the changes to the STIHL Digital Platform come into effect. If you are not happy with these changes, please do not continue to access the STIHL Digital Platform.
3.3.
You will not incur any 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.
You must:
a) not share your account login details with anyone else, and you will be responsible for any
use through your account by any third parties;
b) use a secure password for your STIHL Account;
c) immediately notify STIHL Direct in writing (for example, by email) of any misuse of your
STIHL Account in order for access to the STIHL Account to be blocked;
d) keep the operating system and/or browser you are using up to date.
4.3.
STIHL Direct can 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.
4.4.
You must not misuse the STIHL Digital Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the STIHL Digital Platform, the server on which the STIHL Digital Platform is stored or any server, computer or database connected to the STIHL Digital Platform. You must not attack the STIHL Digital Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the STIHL Digital Platform will cease immediately.
4.5.
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 beresponsible for product defects of the Apps resulting from the failure to install the latest update. If, on the basis of the information provided to you, you are unable to perform the installation properly, 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 are responsible for the operation of the device and for access to the Internet (together with any associated costs).
5.3.
Where the STIHL Digital Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
6. RIGHTS OF USE
6.1.
Once we have confirmed registration of your account, you will be granted a right to use the STIHL Digital Platform as intended for the term of the agreement in accordance with these 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.
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.
6.3.
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/uk/legal/internet-services/itunes/uk/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. INTELLECTUAL PROPERTY
7.1.
The STIHL Digital Platform contains material which may include audio, graphics, sound and video recordings, charts, text, databases, information, or images of places or people and any names, copyright, registered designs, logos, trademarks and/or service marks (“Materials”) which are owned by or licensed to STIHL Direct and protected by international copyright, trade mark and other intellectual property laws. You are not permitted to reproduce, modify, reverse engineer, distribute, exploit, decompile, create derivative works of (or based on) these Materials, or do any other act which is otherwise than for your own personal use in the UK or in respect of which STIHL Direct has provided its express prior written consent. STIHL Direct will fully enforce its intellectual property rights of the law. Any unauthorised use of theseMaterials may subject you to penalties or liability for damages including those related to violation of trademarks, copyrights, privacy and passing off.
7.2.
If you believe any materials on any part of the STIHL Digital Platform infringe a copyright, you should provide STIHL Direct with written notice that at a minimum contains: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works; (c) identification of the material claimed to be
infringing or to be the subject of infringing activity that that is to be removed or access to which is to be disabled and information reasonably sufficient to permit STIHL Direct to locate the material; (d) information reasonably sufficient to permit STIHL Direct to contact you, such as an address, telephone number and, if available, an email address; and (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
8. AVAILABILITY
8.1.
STIHL Direct makes every effort to make the STIHL Digital Platform available. For example, the STIHL Digital Platform and the underlying infrastructure are regularly technically maintained.However, continuous availability of the STIHL Digital Platform cannot be guaranteed.
8.2.
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 9;
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.
8.3.
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.
9. 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").
10. TERM AND TERMINATION
10.1.
The contract between you and STIHL Direct for the use of the STIHL Digital Platform will continue until either party brings it to an end. If a different term has been agreed between you and STIHL Direct for the use of the Solutions, that will apply.
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.
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 provided to you by email at least thirty (30) days before the date of termination.
10.4.
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 commit a serious breach of the Terms of Use. Where reasonable to do so, we will provide you with a warning and opportunity to remedy the breach within a reasonable period of time. STIHL Direct may not provide advance warning in the event of any serious breach by you of these Terms of Use, for example, if you compromise STIHL Direct's IT security or breach any applicable law.
10.5.
Upon termination of the contract for the use of the STIHL Digital Platform, STIHL Direct shall beentitled 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
STIHL direct will always be responsible to you for the following:
11.1.1. death or personal injury arising as a result of STIHL Direct’s negligence;
11.1.2. fraud on the part of STIHL Direct;
11.1.3. wilful intent or gross negligence of STIHL Direct, its legal representatives or vicarious agents; or
11.1.4. any other liability that cannot be excluded or limited under applicable law.
11.2.
If you are a consumer, we are only responsible for any damages, losses or costs which
result from STIHL direct not performing its obligations under these Terms of Use and which
could have been reasonably foreseen by STIHL Direct and you when entering into these
Terms of Use.
11.3.
If you are a business user, STIHL Direct is not responsible for:
11.3.1. any loss or profit, sales, business or revenue;
11.3.2. loss of anticipated savings;
11.3.3. business interruption;
11.3.4. loss of business opportunity, goodwill or reputation; or
11.3.5. any indirect or consequential loss or damage.
11.4
We do not guarantee that the STIHL Digital Platform will be secure or free from bugs or viruses. 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 for example deploying virus protection software. If you are a business user, 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
Communication with you will take place via the email address provided in the STIHL Account.
13. DATA PROTECTION
In processing your personal data, STIHL Direct observes the data protection laws applicable in the United Kingdom. Any personal data processed on the STIHL Digital Platform will be in accordance with the following notices:
Cookie Notice accessible here: https://app.stihl.com/en-gb/legal/cookie-notice
Privacy Policy accessible here: https://app.stihl.com/en-gb/legal/privacy
14. FINAL PROVISIONS
14.1.
These terms are governed by English law and you can bring legal proceedings in respect of the Solutions in the English courts. If you are a consumer and you live in:
a) Scotland you can bring legal proceedings in respect of the Solutions in either the Scottish
or the English courts.
b) Northern Ireland you can bring legal proceedings in respect of the products in either the
Northern Irish or the English courts.
c) Wales you can bring legal proceedings in respect of the products in either the Welsh or the
English courts.
14.2.
Amendments and additions to these Terms of Use shall be in writing
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 are a business user, you agree that STIHL Direct may transfer these Terms of Use to another entity without obtaining your consent. If you are a consumer, we will always tell you if this happens and will make sure that the transfer does not affect your rights under these Terms of Use.
14.5.
Although we make reasonable efforts to update the information on the STIHL Digital Platform, if you are a business user, we make no representations, warranties or guarantees, whether express or implied, that the content on the STIHL Digital Platform is accurate, complete or up to date.
II. STIHL connected Specific Terms
1. SCOPE
1.1.
This special part of the Terms of Use for STIHL connected ("STIHL connected Specific Terms"), together with the General Terms of Use, governs access by business users in a professional capacity to STIHL Direct's digital management solution for equipment fleets, especially in horticulture and landscaping, maintenance of green areas and forestry ("STIHL connected").
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, users can set up group (“Organisation”). The following requirements shall apply:
a) For companies, authorised users can set their company up as an Organisation in STIHL
connected and the authorised user will have concluded a contract between the company
and STIHL Direct on the basis of the Terms of Use and STIHL connected Specific Terms.
Authorised users confirm they have the authority of their company to do so. .
b) For all other Organisations which are not companies (e.g. if an individual sets up a private
organisation for family members sharing devices), You, as the authorised user and
administrator of the Organisation, shall remain the exclusive contractual partner of STIHL
Direct. You are responsible for fulfilling the specific duties of the Organisation (see clause 3 of these STIHL connected Specific Terms) vis-à-vis STIHL Direct.
2.3
Once an Organisation has been created, 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 Terms of Use. Clause 2.2 of the General Terms of Use 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 the applicable statutory requirements, in particular of data protection and labour law. 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 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 or 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 Terms of Use shall apply.
5. DATA PROTECTION
In processing your personal data, STIHL Direct observes the data protection laws applicable in
the United Kingdom. Any personal data processed on STIHL connected will be in accordance
with the following notices:
Cookie Notice accessible here: https://app.stihl.com/en-gb/legal/cookie-notice
Privacy Policy accessible here: https://app.stihl.com/en-gb/legal/privacy
