End user contract

We, DMG MORI USA, INC., operate the DMG MORI customer portal. The DMG MORI customer portal was developed together with our subsidiary WERKBLiQ GmbH, which also operates the user interface, the server systems and the database as well as the dashboard, in accordance with our privacy policy as provided on the website https://mydmgmori.com. Both we and WERKBLiQ GmbH are part of affiliated companies of DMG MORI CO., LTD. Group (hereinafter "DMG MORI" or "DMG MORI Group"). The purpose of the customer portal is to provide you, the customer of the DMG MORI group, with a tool for efficient communication with DMG MORI and management of the machine tools you are using.

Use of the customer portal is governed by an “end user agreement”. You enter into this end user agreement when registering for the customer portal. The details are governed by the end user terms underlying the agreement which are integrated in the agreement. The end user terms are listed below. Please read them thoroughly. To simplify this process, you can scroll down on the side of the text.

We reserve the right to update these end user terms at regular intervals. When an update is made, you will be provided with the updated version of the end user terms for the purpose of giving your consent without having to request it specifically.

§ 1. Subject of the terms and conditions

  1. DMG MORI USA, INC. (hereinafter “Customer Portal Operator“) allows you, being a customer or a representative of a customer of the DMG MORI Group, (hereinafter “User“) to use the customer portal as an online platform in accordance with the following terms and conditions.
  2. The subject of these terms and conditions is the provision of the customer portal by the Customer Portal Operator at the web domain https://mydmgmori.com or by usage with mobile devices via the myDMGMORI-App. The customer portal allows Users to manage their machine tools. This customer portal enables Users to communicate efficiently with DMG MORI. For this purpose, the customer portal manages all relevant customer data, which may include machine data as well as personal data, in accordance with our data privacy policy as provided on the website https://mydmgmori.com.
  3. For details on the scope of services provided by the customer portal, please refer to § 4.

§ 2. Registration

  1. The User may only make use of the services provided by the customer portal at https://mydmgmori.com or via the myDMGMORI-App after registration.
  2. The data entered during registration must be correct. Should data change, the User is obligated to correct it as soon as possible. If the User enters incorrect data during registration or fails to correct data at a later point, the Customer Portal Operator may exclude the User from further use of the customer portal and the Customer Portal Operator shall not be responsible in any manner whatsoever for the correctness or otherwise for such User data.
  3. By submitting the registration, the User submits an offer to the Customer Portal Operator of entering into the corresponding end user agreement for the services defined in § 4. This offer is accepted as soon as the Customer Portal Operator confirms registration.
  4. The User must keep the provided access data confidential and must ensure that any employees who are also provided with access data are subject to the same obligation. The customer portal services must not be made available to third parties, unless the Customer Portal Operator has explicitly authorised this in writing.

§ 3. Operation of the customer portal

  1. The Customer Portal Operator operates the customer portal according to the existing technical possibilities. The User is not entitled to fault- and interruption-free use of the customer portal or availability at a specific time. The Customer Portal Operator will make reasonable efforts to restore system usability as soon as possible in the event of a failure.
  2. The User and Customer Portal Operator, or the User and affiliated companies of DMG MORI Group are involved in a pre-existing business relationship, which was established prior to registration according to § 2. The Personal and Machine Data stored by the portal operator or DMG MORI Group in the context of this business relationship (as defined in § 4 below) was transmitted to WERKBLiQ GmbH in a secured and encrypted condition beforehand for the purpose of creating the customer portal. Through an identical process, any changes made by the User to the Personal and Machine Data is transferred by WERKBLiQ GmbH to the Customer Portal Operator.
  3. After transmission, WERKBLiQ GmbH has stored the Personal and Machine Data on a cloud-based server system and prepared them for use for the purposes of the customer portal. All Personal and Machine Data is maintained in the cloud-based server system. WERKBLiQ GmbH manages and processes the Personal and Machine Data in the cloud-based server system on the behalf of the Customer Portal Operator and according to the Customer Portal Operator’s instructions, in accordance with our data privacy policy as provided on the website https://mydmgmori.com. The details are also governed by a corporate data privacy agreement, which meets the requirements of the EU General Data Protection Regulation (“GDPR“). All sales and service companies of DMG MORI CO., LTD. are party to such a corporate data privacy agreement. For further information, refer to the data privacy information obligation (see § 7 (3)).
  4. The User’s personal data will also be stored in the Active Directory of the DMG MORI Group. This permits easier use of the DMG MORI online shop. For details, refer to the data privacy information obligation (see § 7 (3)).

§ 4. Scope of services

  1. The data stored in the customer portal basically consists of the following information. However, at the time of entering into the end user agreement, only the data which the Customer Portal Operator possessed prior to registration, is stored (see § 3(2)):
    • Personal master data (e.g. name);
    • Communication data (e.g. telephone, e-mail);
    • Contract master data;
    • Invoicing and payment data;
    • Machine, customer and service history;
    • Planning data (e.g. for service work);
    • Machine-specific data (e.g. commissioning data, machine number, machine type)
    (the aforementioned data is collectively referred to as “Personal and Machine Data“).
  2. The Personal and Machine Data can be managed, supplemented or used by the User as follows:
    • Changing master data;
    • Viewing service reports and invoices;
    • Using a calendar module;
    • Generating tickets for service work;
    • Initiating a quotation submission and ordering process;
    • Tracking the status of a ticket;
    • Viewing manuals and wiring diagrams of the machine tool;
    • Using the online shop of the DMG MORI group to purchase spare parts and the associated services.
  3. The Customer Portal Operator shall inform the customer separately about any increase of the customer portal’s scope of data and services.

§ 5. Usage rights

  1. The Customer Portal Operator grants the User a non-exclusive, non-transferable right to use the information and documentation on the customer portal to the extent agreed in § 4.
  2. The User shall not receive any copyright-based usage rights to the software used by and in the context of the software. We are only obligated to provide instructions or training on how to use the software if this was explicitly agreed in writing.

§ 6. Obligations to cooperate

  1. User requires an active internet connection with access to the following websites:
    • https://mydmgmori.com
    • https://shop.dmgmori.com
    • https://webservices-welive.werkbliq.com
  2. A modern, secure web browser is required. Usage options may be restricted in individual browsers (e.g. obsolete or insecure browsers).
  3. The User bears the sole responsibility for transfer of documents, images and other media, e.g. as documents attached to service inquiries or when uploading to the library. The Customer Portal Operator does not assume any liability in this context. Users ensure that they have all rights to store, transmit and process these files in order to allow the Customer Portal Operator to use the documents, images and other media. The documents, images and other media shall only be used to perform contractual obligations arising from the end user agreement, e.g. performing service work.
  4. The User shall indemnify the Customer Portal Operator from any damage and cost arising from transmission of documents, images and other media as described in section (3). The User shall provide their active support for any settlement of related disputes with third parties in- or outside of court, with the sole right to litigation as well as the right to enter into settlements in- and outside of court remaining with the Customer Portal Operator.

§ 7. Data privacy

  1. The Customer Portal Operator and WERKBLiQ GmbH undertake to adhere to all current data protection laws in USA, as applicable from time to time, and the data protection regulations of EU-GDPR and the German Telemedia Act (TMG). The provision in § 7 (4) remains unaffected.
  2. The Customer Portal Operator and/or WERKBLiQ GmbH will collect and use personal data submitted by the User after registration exclusively within the scope of this end user agreement. This also applies to personal data transferred to the customer portal prior to registration (see § 3(2)). The User shall have provided required consents in relation to the data privacy policy, as provided on the website https://mydmgmori.com, upon acceptance of this end user agreement, as amended from time to time.
  3. The customer shall be provided separately with the data privacy policy, as per the applicable laws in USA, and the data privacy information obligation according to Art. 12 et seqq. EU-GDPR for the usage of the customer portal under https://mydmgmori.com upon registration and the data privacy information will be permanently available through the footer of the website https://mydmgmori.com. The data privacy policy, as per the applicable laws in USA, and the data privacy information obligation according to Art. 12 et seqq. EU-GDPR for the usage of the customer portal via the myDMGMORI-App will be provided to the User for download and will also be permanently available while using the App.
  4. The User undertakes to adhere to applicable laws in USA when collecting and uploading personal employee data to the customer portal.

§ 8. Contract term/termination

  1. This end user agreement shall come into effect once registration is confirmed as defined in § 2 (3) for an unlimited period.
  2. The Customer Portal Operator and the User can terminate this end user agreement at any time with immediate effect.
  3. The termination can be submitted either in writing or through the termination function available online. The termination must be addressed to the address listed in the website contact data under https://mydmgmori.com respectively the address referred to in the myDMGMORI-App.

§ 9. Liability

  1. The Customer Portal Operator shall have unlimited liability in the event of intent, malice or gross negligence as well as in the event of personal injuries.
  2. The Customer Portal Operator shall be liable to pay compensation in the event of negligent violation of a major contractual obligation, limited to the foreseeable typical amount for a contract of this type. Major contractual obligations in the sense of this provision include both the main contractual obligations and any obligations the fulfilment of which makes the proper performance of this end user agreement possible in the first place and on the observance of which the User may generally reasonably rely.
  3. Subject to applicable law, the Customer Portal Operator shall not accept any further liability.

§ 10. Final provisions

  1. This end user agreement and the agreements regarding the processing of individual programs are subject to the law of Illinois, USA excluding the United Nations Convention on Contracts for the International Sale of Goods.
  2. The exclusive place of jurisdiction for any dispute resulting from or in connection with this end user agreement shall be Chicago, Illinois.