End user contract
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
- 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.
- For details on the scope of services provided by the customer portal, please refer to § 4.
§ 2. Registration
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
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 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.
§ 5. Usage rights
- 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.
- 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
- User requires an active internet connection with access to the following websites:
§ 7. Data privacy
- 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.
- 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
- This end user agreement shall come into effect once registration is confirmed as defined in § 2 (3) for an unlimited period.
- The Customer Portal Operator and the User can terminate this end user 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://mydmgmori.com respectively the address referred to in the myDMGMORI-App.
§ 9. Liability
- 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.
- 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.
- Subject to applicable law, the Customer Portal Operator shall not accept any further liability.
§ 10. Final provisions
- 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.
- The exclusive place of jurisdiction for any dispute resulting from or in connection with this end user agreement shall be Chicago, Illinois.