STIHL INCORPORATED TERMS AND CONDITIONS FOR APP SERVICES AND WEB SERVICES RELATING TO THE STIHL CONNECTED SYSTEM
LAST MODIFIED: April 30, 2019
BY ACCESSING OR USING THE STIHL CONNECTED US MOBILE APPLICATION ( “THE
“MOBILE APP”), YOU AND THE INDIVIDUAL OR THE ENTITY YOU REPRESENT ACCEPT
AND ACKNOWLEDGE THAT THE MOBILE APP TERMS AND CONDITIONS OF SERVICE
FORM A LEGAL AGREEMENT BETWEEN YOU AND STIHL INCORPORATED (“STIHL”)
WHICH GOVERNS YOUR USE OF THE STIHL CONNECTED SYSTEM AND THE MOBILE
APP. THIS INCLUDES THAT ANY DISPUTES ARISING OUT OF THESE TERMS, THE
BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN THIS
AGREEMENT OR ACCESS OR USE THE MOBILE APP.
General. STIHL Incorporated provides software that may be downloaded to your mobile device (e.g., smartphone or tablet) to access the Mobile App, for use in conjunction with the STIHL connected system (the “STIHL Connected System”). The STIHL Connected System provides end users of certain compatible STIHL power tools (“Equipment”) with the collection, storage and processing of data regarding operating functions of that Equipment via an Internet-based hardware and software solution. The STIHL Connected System consists of (i) a Bluetooth enabled hardware component (the “STIHL Smart Connector”) which can be connected to and paired with certain compatible STIHL Equipment, (ii) the Mobile App, and (iii) a web portal/cloud based solution that provides the user an overview of the paired Equipment’s operating data collected via the STIHL Smart Connector (respectively, the “STIHL Connect Pro Portal” and “STIHL Cloud”). The STIHL Smart Connector is attached to a piece of STIHL Equipment, and then automatically recognizes when the Equipment is in operation. Equipment usage data is transferred to the STIHL Connect Pro Portal by the Mobile App via your mobile device. Intended Use. The Mobile App and STIHL Connected System are intended to be accessed and used for collecting, storing, and processing of non-time-critical information, such as data regarding paired STIHL Equipment operation and Equipment fleet management (including, but not limited to location of paired Equipment, maintenance records and history, usage behavior of the Equipment such as operating hours and time, consumption data, battery status, activation and deactivation times, and pairing times, and deployment of Equipment). The STIHL Connected System and Mobile App are subject to sporadic interruptions and failures for a variety of reasons beyond STIHL’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and carriers, among others. For these reasons, the Mobile App cannot be available or reliable 100% of the time. You acknowledge these limitations and agree that STIHL is not responsible for any damages allegedly caused by the failure or delay of the STIHL Connected System and/or Mobile App.
Complete Terms. By accessing or using the Mobile App, you agree to these Terms, as well as
the Privacy Statement which is located at the following website: https://connect.stihl.com
(“Privacy Statement”) which is incorporated herein by reference. These Terms also incorporate
https://play.google.com/intl/en-us_us/about/play-terms.html) (the “Google Play Terms”), To the extent there may be a conflict among these Terms, the Apple Terms, the Google Play Terms, these Terms control. Up-to-date information relating to the STIHL Connected System and Mobile App is provided at: https://connect.stihl.com.
2. Eligibility, System Requirements, Updates.
Eligibility. The terms “you,” and “end user” as used in these Terms, means any person or entity
18 years of age or older who accesses or uses the Mobile App. Primary Users and Authorized
Users (defined below) may be individuals acting in their own capacities, commercial enterprises, or government or educational institutions. Only persons aged 18 years or older may use the Mobile App. By using the Mobile App, you represent and warrant that you are at least 18 years old and otherwise have the capacity to contract.
United States. The STIHL Connected System and Mobile App are only intended for use by end
users residing or using the Mobile App in connection with Equipment located in the United
States and its territories and possessions. If you use or attempt to use the Mobile App from
outside of the United States, end users do so at their own risk and must comply with applicable laws (including data privacy regulations) in these other countries.
System Requirements. The STIHL Connected System will not be accessible without: (i) a Bluetooth connection in the location area of the Smart Connector; (ii) proper pairing between the Smart Connector and compatible STIHL Equipment in accordance with the user manual (iii) an Account; (iv) mobile devices such as smartphone or tablet (“Device(s)”) when using the Mobile App; (v) a working Wi-Fi network or access to data or cellular connectivity that can communicate reliably with the STIHL Smart Connector and your Device(s); (vi) an internet enabled PC with a supported browser, when using the STIHL Connect Pro Portal; and (vii) other system elements that may be specified by STIHL (including compliance with the instruction and safety manual(s) of the Smart Connector and all respective STIHL Equipment, and installation of the software updates described below); and other system requirement as set forth on https://connect.stihl.com, as they may be updated from time to time. It is your responsibility to ensure that: (1) you have all required system elements, and (2) they are compatible and properly configured. You understand and acknowledge that the STIHL Connected System and Mobile App may not work as described when the requirements and compatibility have not been met.
Software Updates. From time to time STIHL or third parties providing the STIHL Connected
System and/or Mobile App may develop upgrades, updates, patches, bug fixes and other
modifications to improve the performance or compatibility (“Updates”). You acknowledge and
agree that Updates will either be manually installed with notification or automatically installed on your Device(s) or STIHL Smart Connector without providing any additional notice to or receiving any additional consent from, you. You acknowledge that you may be required to install Updates to use the STIHL Connected System and Mobile App, and you agree to promptly install any Updates if so required.
Your Account. You will be required to register for an account to enable the STIHL Connected
System (“Account”). During the registration process, you must provide certain information about yourself, your STIHL Equipment, and the entity you represent as prompted by the STIHL Connect Pro Portal. Commercial users may provide customer information and employee information. You may also choose to select your local authorized Dealer to receive usagerelated machine data for the purposes of maintenance and service needs. input your customer and employee data. You represent and warrant that: (a) all Account information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Mobile App does not violate any U.S. applicable law or regulation; and (d) your facility(ies) or your residence(s) where the STIHL Equipment is located for use with the STIHL Connected System is (are) in the U.S. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify STIHL or your Dealer of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. STIHL is not liable for any loss or damage arising from your failure to comply with the above requirements.
Primary Users and Authorized Users. The individual who creates an Account is the “Primary
User” of that Account. Primary Users may authorize other individuals to access a Primary User’s Mobile App (“Authorized Users”). Authorized Users may have the ability to use the STIHL Connected System Account and access the Mobile App and STIHL Connect Pro Portal. The Primary Users agree to be fully responsible for all actions taken by their Authorized Users
relating to the Primary User’s Mobile App and Account. For the avoidance of doubt, the Terms apply to any and all Primary Users and Authorized Users. Authorized Users are not authorized to give access to your Account, or to the Mobile App or STIHL Connect Pro Portal to any individual or entity. As a Primary User, you should authorize only those individuals that you trust to access your Account and Mobile App. Authorized Users may be removed from the Account at any time by the Primary User.
4. Access to Mobile App; Certain Limitations and Restrictions; Termination.
Access and Use. Subject to these Terms, STIHL grants you a limited, revocable, nontransferable, non-exclusive, right (without the right to sublicense) to access and use the STIHL Connected System and Mobile App by (i) using the STIHL Connect System in connection with, and solely for the purpose of, collecting, storing and processing data regarding STIHL Equipment you own and/or are authorized to use and monitor (the “Permitted Purpose”), and (ii) installing and using the Mobile App only for use on your own Device or the Device(s) of the entity you represent (e.g., iPhone, iPad, or Android smartphone), for the Permitted Purpose.
Restricted Activities. The rights granted to you in these Terms are subject to the following
restrictions: You may not (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or
otherwise commercially exploit the Mobile App; (ii) modify, make derivative works of,
disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Mobile App; (iii) access the Mobile App in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute republish, download, post, display or transmit any part of the Mobile App in any form or by any means; (v) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer or communication network, computer, handheld mobile device, data, the Mobile App, the STIHL Connected System, or any other system, device or property; (vi) interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Mobile App or STIHL Connected System or violate the regulations, policies, or procedures of such networks; (vii) access (or attempt to access) the Mobile App by means other than through the interface that is provided by STIHL; or (viii) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Mobile App. Any future release, update, or other addition to functionality of the Mobile App shall be subject to these Terms.
Termination, Suspension. These Terms will remain in full force and effect so long as you
continue to access or use the STIHL Connected System and the Mobile App, or until terminated in accordance with the provisions of these Terms. STIHL reserves the right, at any time, to modify, suspend, or discontinue the Mobile Apps or any part thereof with or without notice. You agree that STIHL will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Mobile Apps or any part thereof. The Mobile Apps may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. STIHL does not offer any specific uptime guarantee for the Mobile Apps.
Use of the STIHL Smart Connector and Termination of Mobile Apps. If you transfer a paired
STIHL Equipment and/or the STIHL Smart Connector to a new owner, your right to use the
STIHL Connected System with respect to that STIHL Smart Connector automatically terminates and you must de-register the Smart Connector from your Account. The new owner will have no right to use the STIHL Smart Connector under your Account and will need to register for a separate Account with STIHL. Upon termination, your Account and your right to use the Mobile App will automatically terminate.
5. Third-Party Products and Mobile Apps.
Third Party Website Links and Referrals. The Mobile App may contain links to other web sites
that are operated by third parties (“Third Party Sites”). Such Third Party Sites are not under
STIHL’s control. STIHL provides these links and referrals only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any representations with respect to such
Third Party Sites. Your use of these Third Party Sites is at your own risk.
Release Regarding Third Parties. STIHL is not responsible for third parties or their products,
including Third Party Technology, Associated Equipment, ISPs, Carriers, App Stores, Third
Party Sites and Referred Vendors (collectively, “Third Party Products and Services”). STIHL
hereby disclaims and you hereby discharge, waive and release STIHL and its licensors and
suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and Third Party Products and Services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR
HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT: (I) THE USE AND AVAILABILITY OF
THE STIHL CONNECTED SYSTEM AND MOBILE APP IS DEPENDENT ON THIRD PARTY
PRODUCTS AND SERVICES (OTHER THAN THE THIRD PARTY SITES AND THE REFERRED VENDORS WHICH ARE UNRELATED TO THE MOBILE APP); (II) THE THIRD PARTY PRODUCTS AND SERVICES MAY NOT OPERATE IN A RELIABLE MANNER AND THEY MAY IMPACT THE WAY THAT THE MOBILE APP OPERATES; (III) STIHL MAKES NO REPRESENTATION OR WARRANTY ABOUT THE OPERATION, USE, SAFETY OR RELIABILITY OF ANY THIRD PARTY PRODUCTS AND SERVICES; AND (IV) STIHL IS NOT RESPONSIBLE FOR DAMAGES AND LOSSES DUE TO THE OPERATION OF THE THIRD PARTY PRODUCTS AND SERVICES, INCLUDING ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE (INCLUDING TO YOUR HOME OR FACILITY), INTERRUPTION OF SERVICE, DOWNTIME, DATA LOSS, OR ANY OTHER HARM OR LOSS ARISING FROM OR RELATING TO YOUR USE OF THE STIHL CONNECTED SYSTEM, MOBILE APP, OR THIRD PARTY PRODUCTS AND SERVICES.
6. Confidentiality and Disclosure of Information.
Your submission of information through the Mobile App and STIHL Connected Pro Portal is
governed by our “Privacy Statement,” which is located at the following website:
https://connect.stihl.com/. You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. The main function of the STIHL Connected System is to allow end users to collect, store, and process data regarding their STIHL Equipment. The Mobile Apps will access certain data to enable data collection, storage, and processing relating to operating functions of the paired Equipment. The data may include system ID and other sensitive information, all treated in accordance with our Privacy Statement.
7. Ownership and Intellectual Property.
STIHL Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the STIHL Connected System and Mobile App are owned by STIHL or its affiliates or our licensors. End users’ possession, access, and use of the Mobile App does not transfer to end users or any third party any rights, title, or interest in or to such intellectual property rights. STIHL and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. The Mobile App is licensed to end users, not sold, under these Terms. End users may not use the content of the Mobile App in any other public or commercial way, nor may end users copy or incorporate any of the content of the Mobile App into any other work.
You agree to defend, indemnify and hold STIHL, its affiliates and founding companies, and their respective officers, directors, employees and agents, and its licensors, suppliers and dealers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use and each Authorized User’s use of STIHL Connected System and Mobile App, (ii) your or your Authorized Users’ violation of these Terms, (iii) your or your Authorized Users’ violation of any law or the rights of any third party. STIHL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify STIHL and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without STIHL’s prior written consent. STIHL will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Warranty Disclaimers.
(a) Disclaimers of Warranties.
(i) THE MOBILE APP IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND STIHL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NONINFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED
UNDER THIS CONTRACT, INCLUDING WITH RESPECT TO THE MOBILE APP.
(ii) STIHL DOES NOT WARRANT THAT THE MOBILE APP, THE THIRD PARTY PRODUCTS OR ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE STIHL CONNECTED SYSTEM OR THIRD PARTY PRODUCTS AND SERVICES: (A) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; (C) WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE; (D) WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERRORFREE; OR (E) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
(iii) STIHL WILL NOT BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE ATTACK, EAVESDROPPERS, HACKERS, INTERCEPTORS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE DAMAGE THE
YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS OR ANY OTHER MATERIALS DUE TO THE YOUR USE OF THE STIHL CONNECTED SYSTEM OR THE ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH THE MOBILE APP OR THE THIRD PARTY PRODUCTS AND SERVICES.
(iv) NOTWITHSTANDING ANY OTHER PROVISION IN THE TERMS AND WITHOUT LIMITATION OF ANY OF STIHL’S OTHER DISCLAIMERS HEREIN, STIHL WILL NOT BE RESPONSIBLE FOR FAILURE TO PROVIDE ACCESS TO THE MOBILE APP TO THE EXTENT THAT SUCH FAILURE IS THE RESULT OF THE ACT OR OMISSION OF THE END USER, INCLUDING TO THE EXTENT THAT ANY MALFUNCTION OF THE MOBILE APP IS THE RESULT OF MISUSE, ABUSE, VANDALISM, NEGLECT IMPROPER INSTALLATION OR APPLICATION, ALTERATION, ACCIDENT OR NEGLIGENCE IN THE USE, STORAGE, TRANSPORTAION, OR HANDLING OF THE STIHL EQUIPMENT OR THE ASSOCIATED EQUIPMENT;
(v) EVEN IF THE MOBILE APP IS TESTED AND THE STIHL PRODUCTS AND ASSOCIATED EQUIPMENT ARE OPERATING IN ACCORDANCE WITH SPECIFICATIONS, THERE CAN BE NO GUARANTEE THAT THE MOBILE APP WILL NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE MOBILE APP WILL PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT THE MOBILE APP WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS.
(b) Limitations on Liability.
EXCEPT FOR STIHL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STIHL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH THE STIHL CONNECTED SYSTEM AND MOBILE APP, INCLUDING:
(i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA);
(ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS;
(iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION;
(iv) ANY PERSONAL OR BODILY INJURY, DEATH, PROPERTY DAMAGE;
(v) ANY INTERRUPTION, DELAY, FAILURE, DISRUPTION, DOWNTIME, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF THE MOBILE APPS;
(vi) ANY THIRD PARTY PRODUCTS AND SERVICES;
(vii) ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE MOBILE APPS; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT; OR
(viii) ANY ERRORS OR OMISSIONS IN ANY CONTENT, FOR USE OF OR EXPOSURE TO ANY CONTENT POSTED, OR IN CONNECTION WITH THE ACCURACY, NON-INFRINGEMENT, LEGALITY, SECURITY OR DECENCY OF CONTENT, WHETHER ACCESSED, TRANSMITTED, STORED OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APP.
SUBSECTIONS (i) THROUGH (viii) ABOVE, COVER LOSSES OCCURRRING BY ANY MEANS OR MANNER, AND EVEN IF STIHL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
(c) Limitations of Direct Losses.
STIHL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE STIHL CONNECTED SYSTEM, MOBILE APP, OR THIRD PARTY PRODUCTS AND SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILE APP OR THIRD PARTY PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE AND EXCLUSIVE REMEDIES SHALL BE TO STOP USING THE STIHL CONNECTED SYSTEM AND/OR MOBILE APP.
(d) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MIGHT HAVE ADDITIONAL RIGHTS.
conflicts of laws provisions.
No Assignment. These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by STIHL without restriction. Any attempted assignment by you will be null and void.
Force Majeure. Any delay in the availability of the Mobile App or non-performance of the STIHL Connected System shall not be deemed a breach of these Terms if such delay or nonperformance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of STIHL or its service providers).
Notices. STIHL may amend any of these Terms at its sole discretion by posting the revised
Customer Support. All questions about the performance of STIHL Equipment or the Mobile
App should be directed to STIHL website www.stihlusa.com or 1-800-467-8445.