End user contract

DMG MORI USA, INC. (hereinafter “Customer Portal Operator“) allows you, being a customer or a representative of a customer of DMG MORI, (hereinafter “User“) to use the myDMG MORI. as an online platform in accordance with the following terms and conditions.

myDMG MORI. is made available to Users by DMG MORI at the web domain https://us.mydmgmori.com. myDMG MORI. allows Users to manage their machine tools. myDMG MORI. enables Users to communicate efficiently with DMG MORI. For this purpose, myDMG MORI. manages all relevant customer data, which may include machine data as well as personal information, in accordance with our privacy policy as provided on the website https://us.mydmgmori.com.

For details on the scope of services provided by myDMG MORI., please refer to § 4.

The User may only make use of the services provided by myDMG MORI. at https://us.mydmgmori.com.

The data entered during registration must be correct. Should the 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, DMG MORI may exclude the User from further use of the myDMG MORI. and DMG MORI shall not be responsible in any manner whatsoever for the correctness or otherwise for such User data.

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. myDMG MORI. services must not be made available to third parties, unless DMG MORI has explicitly authorized this in writing.

DMG MORI operates myDMG MORI. according to the existing technical possibilities. The User is not entitled to fault- and interruption-free use of myDMG MORI. or availability at a specific time. DMG MORI will make reasonable efforts to restore system usability as soon as possible in the event of a failure.

The User and DMG MORI are involved in a pre-existing business relationship, which was established prior to registration according to § 2. The Personal and Machine Data (as defined in § 4 below) stored by DMG MORI in the context of this business relationship will be used for the purpose of creating the User’s account on myDMG MORI..

Personal and Machine Data will be stored on a cloud-based server system provided by Microsoft Corporation. To learn more about Microsoft Corporation’s data protection practices and policies, please visit https://www.microsoft.com/en-us/trust-center/privacy.

The User’s personal information will also be stored in the Active Directory of DMG MORI. This permits easier use of the DMG MORI USA Spare Parts online shop. For details, refer to the data privacy information obligation (see § 7 (3)).

DMG MORI engages a third-party service provider, ORBIS SE, a German corporation, to perform functions such as development and implementation of new functions, or incident response such as fixing bugs on myDMG MORI.. In relation to such services, ORBIS SE may access the User’s Personal and Machine Data (as defined below), strictly to the extent necessary for such function.

The data stored in myDMG MORI. basically consists of the following information. However, at the time of entering into the Agreement, only the data which DMG MORI possessed prior to registration, is stored (see § 3(2)):

(the aforementioned data is collectively referred to as “Personal and Machine Data“).

The Personal and Machine Data can be managed, supplemented or used by the User as follows:

DMG MORI grants the User a non-exclusive, non-transferable right to myDMG MORI. to the extent agreed in § 4.

All rights, title, and interest in and to myDMG MORI., including but not limited to its software, user interface, design, and all related documentation, updates, enhancements, and derivative works, are and shall remain the exclusive property of DMG MORI or its licensors. Except as expressly provided herein, no rights in or to myDMG MORI. are granted to the User. The User shall not, and shall not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of myDMG MORI; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of myDMG MORI.; or (c) remove, obscure, or alter any proprietary notices on or within myDMG MORI..

The User shall not, and shall ensure that its employees do not, directly or indirectly, engage in any activity that: (a) attempts to disable, overload, impair, or otherwise compromise the availability, security or performance of myDMG MORI. (including, without limitation, initiating, facilitating or participating in any distributed denial-of-service (DDoS) attack, SYN flood, ICMP flood, botnet activity, or similar network-level or application-level attacks); (b) attempts to gain unauthorized access to myDMG MORI., other accounts, computer systems or networks connected to myDMG MORI., or to bypass or defeat any security mechanism or authentication mechanism; (c) transmits any malicious code (including viruses, worms, trojans, ransomware, logic bombs), or any material that contains a security exploit; (d) intentionally interferes with normal use of myDMG MORI. by other users (including scraping at rates or by methods that materially degrade Provider’s systems); (e) uses automated means (bots, spiders, scrapers) to access or collect data from myDMG MORI.; or (f) use myDMG MORI. for the benefit of any third party, including in a service bureau or time-sharing arrangement.

The User needs an active internet connection with access to the following websites:

A modern, secure web browser is required. Usage options may be restricted in individual browsers (e.g. obsolete or insecure browsers).

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 User shall not upload, transfer, or otherwise make available any documents, information, or media that are subject to export control or other regulatory restrictions under the laws of the User’s country of residence or any applicable jurisdiction. DMG MORI 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 DMG MORI 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 Agreement, e.g. performing service work.

The User shall indemnify DMG MORI 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 DMG MORI.

DMG MORI undertake to adhere to all current data protection laws in USA, as applicable from time to time. The provision in § 7 (3) remains unaffected.

DMG MORI will collect and use personal information submitted by the User after registration for provision of the services available via myDMG MORI., improvement of User experience on myDMG MORI., provision of notifications related to the User’s use of myDMG MORI., prevention of security and fraud prevention, compliance with legal obligation and law enforcement, and other internal business purposes. This also applies to personal information transferred to myDMG MORI. prior to registration (see § 3(2)).

DMG MORI requires ORBIS SE to treat all Personal and Machine Data as confidential. ORBIS SE is contractually obliged to maintain such data in strict confidence and to process it only in accordance with the data protection obligation imposed on DMG MORI under this Agreement and applicable laws.

The User undertakes to adhere to applicable laws in USA when collecting and uploading personal information of its employee(s) to myDMG MORI.

This Agreement shall come into effect once registration is confirmed as defined in § 2 (3) for an unlimited period.

DMG MORI and the User can terminate this Agreement at any time with immediate effect.

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://us.mydmgmori.com.

myDMG MORI. INCLUDING ALL SERVICES, CONTENTS AND MATERIALS PROVIDED THROUGH myDMG MORI. ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DMG MORI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARDS TO ALL SERVICES, CONTENTS, AND MATERIALS PROVIDED THROUGH myDMG MORI., INCLUDING ALL WARRANTIES AND CONDITIONS OF PERFORMANCE, MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DMG MORI OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF myDMG MORI., WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DMG MORI’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO myDMG MORI. OR THIS AGREEMENT SHALL NOT EXCEED USD 1,000.

This 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.

The exclusive place of jurisdiction for any dispute resulting from or in connection with this Agreement shall be Chicago, Illinois.