General Terms of Use for the Single Sign-On Service and Functions Offered by Liebherr-IT Services GmbH

The subject matter of these Terms of Use is the registration and authentication service (hereinafter referred to as “SSO Service”) provided by Liebherr-IT Services GmbH (hereinafter referred to as “LIS”) and the offers provided by LIS (hereinafter referred to as “Modules”), namely the “My Business Relationships”, “My Products”, “Spare Parts Catalogue”, “Shop”, “Supplier Portal”, “Document Download” and “Data Exchange” Modules.

1. Scope
2. LIS-Offer
3. Termination of the User Agreement
4. Liability
5. Availability
6. Data protection
7. Copyrights, labelling rights and other intellectual property
8. Changes to the Terms of Use
9. Final provisions

1.1. The following Terms of Use apply to the use of the SSO Service and the Modules described in these Terms of Use (hereinafter jointly referred to as “LIS Offer”). The provider of the LIS Offer is Liebherr-IT Services GmbH, St. Vitus 1, 88457 Kirchdorf, Germany, represented by managing director Hermann Mang.

1.2. For modules not described in these Terms of Use but which are connected to the SSO Service, the terms of use and privacy notices of the providers of such modules or offers apply.

1.3. LIS is not responsible for the content or legally compliant design of modules and offers connected to the SSO, if such modules and offers are not part of the LIS Offer or otherwise provided by LIS.

2.1.1. General

2.1.1.1. Single Sign-On (referred to as “SSO”) in the case of the LIS SSO Service means that Users who have registered an account for private use (hereinafter referred to as “Liebherr Account”), an account for commercial use (hereinafter referred to as “Liebherr Business Account”) or an account for commercial use as a Liebherr service partner (hereinafter referred to as Liebherr Business Service Partner Account) can access the Modules and Offers connected to the SSO Service and which have been activated for the User, without the need for a further registration process for individual Modules and Offers from LIS or another provider of a Module or Offer, as would otherwise be the case.

2.1.1.2. Thus, by registering a Liebherr Account, Liebherr Business Account or Liebherr Business Service Partner Account, the User receives a general user account which covers all Modules and Offers and can be authenticated with the help of the SSO Service by the Modules and Offers connected to the SSO Service. In this way, the SSO Service also enables the User’s data that are stored in their user account (such as their name and address, as well as their validated devices) to be automatically transmitted to the providers of the Modules or Offers they have visited without the User being asked to enter such data again manually for verification.

2.1.1.3. The SSO Service enables the User to easily and centrally manage their user account via the “My Profile” and “My Company” areas. For example, it allows the User to manage their master data and any other data they have entered, change their password or deactivate their user account.

2.1.1.4. The SSO Service shows the User specific information selected for them, such as new features, promotions, etc. relating to the Modules and Offers activated for them.

2.1.2. Setting up a Liebherr Account

2.1.2.1. To use the SSO Service, the User must set up a free Liebherr Account.

2.1.2.2. The User can set up a Liebherr Account either by filling in the fields marked as mandatory in the registration form or by logging in directly (registration and authentication) with their user credentials from a Liebherr appliance, Apple, Google, Facebook or Microsoft (“external log-in”). The connection between a Liebherr Account and a Liebherr appliance, Apple, Google, Facebook or Microsoft account can be deleted at any time through the respective provider (Liebherr Appliances, Apple, Google, Facebook, Microsoft).

2.1.2.3. If access to a Module or Offer connected to the SSO Service is only possible subject to further conditions, e.g. verification or activation of the User by a Liebherr company or other third party, the User is informed of this by the provider of the Module or Offer.

2.1.2.4. The User affirms that the personal information provided by them as part of their registration for the Liebherr Account, in particular their first and last names, postal address and e-mail address, are true and correct. In particular, the User may not enter data from third parties. The User is obliged to inform LIS immediately of any change to such data or to correct such themselves in their profile.

2.1.2.5. The submission of the completed registration form by the User constitutes the User’s proposal to conclude an agreement on the use of the SSO Service based on the contents of these Terms of Use (hereinafter also referred to as the “User Agreement”). LIS accepts this proposal by confirming the User’s registration by e-mail.

2.1.2.6. After LIS receives the registration form, the User will receive an e-mail with a code for authenticating the e-mail address stated by the User. By entering this code in a second registration form, the User confirms the authenticity of their e-mail address.

2.1.2.7. The User has no entitlement to be accepted for the SSO Service or the Modules and Offers via a Liebherr Account.

2.1.2.8. LIS is entitled to refuse to conclude a User Agreement with a User without giving reasons for such refusal.

2.1.3. Setting up a Liebherr Business Account

2.1.3.1. Authorised employees of a company can register with the data relating to their company in addition to their personal data. This gives authorised employees the opportunity to register a Liebherr Business Account and thus share Modules and Offers within their company with other employees from their company. The employee of a company with “Company Administrator” authorisation, for example, is able to manage the authorisations of the employees listed under the said company and manage the registration of employees from their own company.

2.1.3.2. All Users and company administrators are obliged to inform customer service without undue delay via the e-mail address info.lis@liebherr.com of any upcoming or already effected changes relating to the information contained in the relevant Liebherr Business Account and to correct such themselves. This is especially the case when it comes to changing the company’s legal form, the company’s master data or the data of any employees.

2.1.4. Setting up a Liebherr Business Service Partner Account

As an official service partner of a Liebherr company, the User can have their Liebherr Business Account qualified as a Liebherr Business Service Partner Account. This provides the User with extended access to functionalities, depending on each Module or Offer, which help them to manage and improve relations with any of their customers who have a Liebherr Business Account.

For a Liebherr Business Account to qualify as a Liebherr Business Service Partner Account, the User must fill in an Onboarding Form and send it to the appropriate Liebherr company. After clearance by one or more Liebherr companies, the User is informed that their user account qualifies as a Liebherr Business Service Partner Account by e-mail.

2.1.5. Use of access data, access to the portals, responsibility

2.1.5.1. Access data for a user account are exclusively intended for use by the User concerned. The User may not pass on the data, in particular their password, to third parties, not even to family members or employees of their company. The User must always keep the access data, in particular their password, secret.

2.1.5.2. If the User becomes aware of, or suspects, misuse of their access data, they must inform LIS immediately. In the event of misuse or suspected misuse, LIS is entitled to immediately block access to the user account concerned. The User is liable for all consequences of third-party use unless the User is not responsible for the misuse of the access data. The User is responsible for the misuse in particular if they have allowed, at the very least through negligence, the unauthorised use of the access data. The User is responsible for the consequences of misuse up to the point when they informed LIS’s customer service by e-mail (info.lis@liebherr.com) about the (suspected) misuse and, if necessary or possible, changed the password.

2.1.5.3. The scope of access granted by the access data depends on the Terms of Use and/or other access conditions stipulated by the provider of the relevant Module or Offer. The scope of access to and within the connected Modules and Offers may vary depending on the User’s occupational group, the User’s relationships with other Users or the authorisations assigned by providers of Modules and Offers.

2.1.5.4. LIS emphasises that Modules and Offers are each operated by the company specified in the provider identification of such Module or Offer. Unless otherwise specified in an individual case, LIS is not responsible for contents and offers which are not part of the LIS Offer described herein.

2.1.6. Restriction, end and withdrawal of right of access

2.1.6.1. LIS reserves the right to temporarily or permanently suspend the User’s access to the LIS Offer in case of violation of these Terms of Use, in particular due to

• the provision of false information during or after registration and/or • the unauthorised transfer or disclosure of access data, in particular the password,

and/or to permanently revoke the User’s access with immediate effect or with a period of notice at the discretion of LIS and/or to terminate the User Agreement for good cause without notice. Following such an event, the User may not re-register with LIS without the prior express consent of LIS.

2.2. Description of the LIS Offer Modules

2.2.1. “My Business Relationships” Module

2.2.1.1. The “My Business Relationships” Module enables the Users of Liebherr Business Accounts and Liebherr Business Service Partner Accounts to register and manage business relationships with their registered service partners or customers for their company.

2.2.1.2. The User of a Liebherr Business Account can, subject to the authorisations for registering a business relationship within their company, apply for a business relationship with a service partner who has a Liebherr Business Service Partner Account, which can be confirmed by such service partner. The first service partner with whom the User enters into a business relationship automatically becomes their Main Service Partner. The User can, subject to further business relationships with service partners, change their Main Service Partner at any time.

2.2.1.3. The products registered by the User in the “My Products” Module can be validated by their Main Service Partner. Once a product has been validated by the Main Service Partner, other functions in this Module and other connected Modules and Offers are available to the User.

2.2.1.4. In order for the Main Service Partner selected by the User to be able to support the User in the management of the User’s validated products, as well as in any service requests relating to the User’s validated products, the User’s Main Service Partner is granted access to the User’s validated products upon registration of the business relationship.

2.2.1.5. In addition, the User’s Main Service Partner receives an overview of all Users of the relevant company who have the role of company administrator. This enables the Main Service Partner to help the User with queries about managing the User’s account and to inform the User of the correct contact person at their company.

2.2.2. “My Products”

2.2.2.1. In the “My Products” Module, the User receives an overview of the products registered in their Liebherr Business Account and, if applicable, validated by a Service Partner.

2.2.2.2. In addition to registering, validating and managing products, the User also has the option of assigning authorisations for individual or all products to other Users with a Liebherr Business Account (“Product Authorisation”). If a User receives a Product Authorisation from another User, the authorised User can view such products and use specific offers for such products.

2.2.2.3. The Main Service Partner selected by the User can add products to the User’s company, remove products validated by the User from the Liebherr Business Account and manage the internal appliance reference.

2.2.2.4. The User is informed immediately by e-mail about any change made by a User who does not belong to their company.

2.2.3. “Document Download”

The User may download documents for their validated products depending on the Offer from the relevant Liebherr company. Documents which are marked as being subject to a charge can be requested separately from the relevant Liebherr company.

2.2.4. “Spare Parts Catalogue”

Online spare parts catalogues are available to the User for their validated products (hereinafter referred to as “Spare Parts Catalogue”) depending on the Offer from the relevant Liebherr company. Within a Spare Parts Catalogue, Users are able to identify required spare parts through exploded-view drawings. Furthermore, the Spare Parts Catalogues may contain other documents and information. The User may be shown prices and availability in the Spare Parts Catalogue for an initial estimate of the costs.

Depending on the Offer from the relevant Liebherr company, the User may be able to extend the functions and contents of each Spare Parts Catalogue by means of free or fee-based offers. The User may be able to purchase such offers in a Module or Offer connected to the SSO Service.

All documents which are activated for the User may be stored locally on the User’s terminal unit via the download function. Adobe Acrobat Reader® is required to view documents stored locally by the User. ProSecCo® software and a release code are required to view encrypted documents stored locally by the User.

2.2.5. “Supplier Portal”

The “Supplier Portal” summarises the offers and functions available specifically to suppliers of Liebherr companies on a single overview page. The Modules available on the “Supplier Portal” are only displayed to suppliers who have a Liebherr Business Account and who have been assigned a corresponding authorisation by a Liebherr company.

2.2.6. “Data Exchange”

2.2.6.1. The “Data Exchange” Module enables the storage and exchange of information between the Liebherr companies and any authorised Users in any file format.

2.2.6.2. In the “Data Exchange” Module, the User’s data are kept available for a period of 30 days from the time of storage (“retrieval period”). Upon expiry of the retrieval period or termination of the user account, such data will automatically be irretrievably deleted.

2.2.6.3. LIS only provides storage space to the User for use in accordance with these Terms of Use. With regard to data transmitted and processed by the User, LIS is not subject to any custodial or safekeeping obligations. The User is responsible for observing the retention periods under commercial and tax law.

2.2.6.4. The User undertakes not to store any content on the storage space whose provision, publication and use violate applicable law, the rights of third parties or the principles of the protection of minors. In particular, the User is prohibited from carrying out the following acts:

• posting, distributing, offering and advertising pornographic content, services and/or products, or any content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent; • posting content that insults or defames other Users or third parties; • posting political content; • posting content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyright) without being expressly authorised to do so.

Furthermore, the User is prohibited from engaging in the following activities when posting their own content in the “Data Exchange” Module, irrespective of any possible violation of the law:

• distributing viruses, Trojans and other harmful files; • disseminating offensive, sexually explicit, obscene or defamatory content or communication, or content or communication which is likely to promote or support racism, bigotry, hatred, physical violence or unlawful acts (whether explicitly or implicitly).

Also prohibited is any act that is likely to impair the smooth operation of the “Data Exchange” Module, in particular by placing an excessive burden on LIS’s IT systems.

2.2.6.5. Should LIS become aware that the content posted by a User violates these Terms of Use or should there be concrete evidence that such a violation will occur, LIS reserves the right, taking into account the legitimate interests of the User, to refuse to post content and/or to block access to or remove content already posted (without prior notice). The User grants LIS the simple, non-exclusive, free of charge, spatially and temporally unlimited right, limited to the duration of the usage relationship, to reproduce the data stored in the “Data Exchange” Module, insofar as this is necessary to provide the services owed under these Terms of Use. LIS is also entitled to keep the data in a backup data centre. LIS is entitled at any time to commission third parties to provide the services.

2.2.6.6. LIS shall ensure sufficient data protection against data loss in the event of a server crash or unauthorised access by third parties. The employees of LIS are only granted access to the stored data to the extent that this is indispensable for the performance of the contractual obligations towards the User.

2.2.6.7. The User is obliged to indemnify LIS against all costs, claims and disadvantages which third parties assert against LIS due to the infringement of their rights by the User’s content or due to an infringement of the law by the User.

2.2.6.8. The User is obliged to reimburse LIS for all costs arising from an infringement of rights, in particular the costs of reasonable legal defence, including any court and lawyer’s fees incurred. This does not apply if and insofar as the User is not responsible for the infringement of rights.

2.2.6.9. Depending on the specific content that the User stores in the “Data Exchange” Module, it may be necessary to conclude further agreements with LIS. This may especially be the case if the data stored in the “Data Exchange” Module are personal data. In this case, the User alone is responsible for concluding the necessary agreements with LIS according to the applicable law.

2.2.7. “Shop” with Liebherr Business Account

2.2.7.1. The “Shop” Module enables the User of a Liebherr Business Account, depending on their confirmed business relationship with a Service Partner and their validated products, to access different product areas to order spare parts and, where necessary, other articles for their validated products from their Main Service Partner and to request offers for articles from their Main Service Partner. The “Shop” Module enables the User of a Liebherr Business Service Partner Account to sell spare parts for the appliances validated by them for other Users in the business relationships existing between them and any such User.

2.2.7.2. The User also has the option of selecting spare parts in the “Spare Parts Catalogue” Module and then transferring them directly to the “Shop” Module to order them from their Main Service Partner.

2.2.7.3. To simplify cooperation between companies in the “Shop” Module, shopping baskets can be forwarded to other Users with “Buyer” authorisation by entering an e-mail address. For this purpose, the e-mail address entered is compared with that registered to the Users who are authorised as “Buyers” in the Liebherr Business Account to enable forwarding to such Users.

2.2.7.4. Depending on the Offer pertaining to the validated product from their Service Partners or the Liebherr company, further offers such as repair services or general overhauls are available to the User for selected items.

2.2.7.5. Other items, such as licences or extended access authorisations, may be sold in other Modules and Offers.

2.2.7.6. The products offered through the “Shop” Module are exclusively Liebherr original products.

2.2.7.7. LIS accepts no responsibility for the completeness and accuracy of the information provided in the Shop by Service Partners or a Liebherr company. The relevant provider bears responsibility for individual offers and their content.

2.2.7.8. LIS is neither an intermediary nor a buyer/prospective buyer or seller/provider, nor a representative of the buyer/prospective buyer or seller/provider. LIS only provides the Shop platform and has no control over the content of the offers.

3.1. The User Agreement is concluded for an indefinite period. Both the User and LIS may terminate the User Agreement at any time with due notice by complying with a notice period of 14 days. In addition, extraordinary termination is reserved for both parties for good cause. Termination must be made in writing, which must be an e-mail at the very least. 3.2. Should LIS determine that the e-mail address stated by the User in their account is no longer active, LIS will immediately deactivate the User’s account. If the User does not contact the LIS customer service within four weeks of their account being deactivated, LIS will irrevocably delete the relevant User’s Liebherr Account.

Claims for damages by the User are excluded unless otherwise specified in the privacy notices and Terms of Use. Such disclaimer also applies in favour of legal representatives and vicarious agents of LIS if the User asserts claims against the latter.

4.2. Excluded from this liability restriction are claims for damages resulting from an intentional or grossly negligent breach of duty by LIS, a legal representative of LIS or a vicarious agent of LIS. Also excluded from this liability restriction is the slightly negligent or more serious violation of essential contractual obligations.

4.3. Any legally prescribed fault-free liability, in particular liability under the Product Liability Act, as well as liability for culpable injury to the life, body or health of a User, remains unaffected by the aforementioned exclusion of liability. NOTA: LIS no asume garantía ni responsabilidad alguna por la integridad y exactitud de la información proporcionada en las páginas de los módulos.

For free services, there is no entitlement to uninterrupted use. It is not guaranteed that access to or use of the SSO service and/or the connected Modules will not be interrupted or impaired by maintenance work, further development or otherwise by malfunctions, which may also lead to data loss. LIS strives to ensure that usability of the LIS Offer is as uninterrupted as possible. However, temporary restrictions or interruptions may occur due to technical faults (e.g. power supply interruptions, hardware and software faults, technical problems in the data lines). For fee-based services, LIS guarantees annual average availability of at least 95.0% as part of the LIS Offer. The calculation of availability does not include the maintenance of the LIS Offer carried out as required and necessary.

The protection and security of Users’ personal data is very important to Liebherr. You can find all the information on the subject of data protection relating to the LIS Offer here .

The contents accessible through the LIS Offer (texts, data, pictures, logos, graphics, documentation, audio, video and other image representations) are subject to copyright and other laws for the protection of intellectual property. No part of the contents may be reproduced, distributed or stored or altered in any other media (e.g. other websites) without the express prior consent of the relevant rights holder.

LIS reserves the right to change these Terms of Use at any time and without providing reasons therefor. The confirmation of a change by the User when they log in following the change leads to the creation of a new User Agreement based on the content of the changed Terms of Use. Further use of the SSO Service is not possible if the new Terms of Use have not been confirmed and the User will lose access to the Modules and the data entered and retrievable therein. Further processing of the User’s data will take place on the basis of the previously applicable Terms of Use until the amended Terms of Use have been confirmed. If confirmation of such amended Terms of Use is not received at the latest 8 weeks after the User has been notified accordingly by LIS, LIS will deactivate the User’s account without further notice and, if the User does not contact the LIS customer service within a further 6 weeks of their account being deactivated, LIS will irrevocably delete the account of the User concerned.

9.1. The User Agreement as well as these Terms of Use and their interpretation are governed by the law of the Federal Republic of Germany exclusively. The application of German or European international private law and the U.N. Sales Convention (CISG) is excluded.

9.2. If the User is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) or if the User has no permanent domicile in Germany, the exclusive place of jurisdiction for disputes arising out of or in connection with this agreement is the registered office of LIS. Under the same conditions, the place of performance for all rights and obligations resulting from these Terms of Use and the User Agreement is also the registered office of LIS.

9.3. If individual provisions of these Terms of Use are or become invalid and/or unenforceable, the validity of the remaining provisions will not be affected. Invalid and/or unenforceable provisions must be replaced by means of supplementary contractual interpretation with those valid and enforceable provisions that are most appropriate, having regard to the interests of both parties, to achieve the intended economic purpose. The same applies to closing loopholes in these Terms of Use.