STIHL Tirol MY iMOW®

Terms of Use

 

As at: 01/2023

Market: Ireland

 

1.              Subject of the TERMS

1.1           STIHL Tirol GmbH, Hans-Peter-Stihl-Str. 5, A-6336 Langkampfen/Kufstein, Austria, information@stihl.at, registered at the Regional Court of Innsbruck under FN 46276 d, VAT identification number ATU32234908, ("STIHL Tirol") provides you with an application for mobile devices ("MY iMOW® Mobile App") and a browser-based application ("MY iMOW® Web App") for the operation of a STIHL Tirol iMOW robot mower ("iMOW robot mower"), under the name "MY iMOW®".

1.2           Use of MY iMOW® is free of charge.

1.3           These Terms of Use shall apply in the most recent version accepted by you. STIHL Tirol does not store the Terms of Use for you, the latest valid version is available in MY iMOW®.

1.4           Only the English language is available for the conclusion of the contract in the Irish market.

1.5           Your General Terms and Conditions of Business will not become part of the contract between STIHL Tirol and you, even if not expressly rejected by STIHL Tirol.

1.6           These Terms of Use apply exclusively between STIHL Tirol and you. If you download the MY iMOW® Mobile App from Apple Inc.'s App Store or from Google LLC’s Google Play Store (together "App Stores") to your mobile device, Apple Inc. and Google LLC are not responsible for the content in MY iMOW®.

2.              TAKEOVER OF THE CONTRACT OF USE

The contract concluded based on these Terms of Use between you and STIHL Tirol GmbH, Hans-Peter-Stihl-Str. 5, A-6336 Langkampfen/Kufstein, Austria, registered at the Regional Court of Innsbruck under FN 46276 d, VAT identification number ATU32234908, shall be taken over at a later date by STIHL direct GmbH, Badstr. 115, 71336 Waiblingen, Germany. You hereby already agree to this takeover of the contract. You will be explicitly informed again before the contract is taken over.

3.              MY iMOW® REGISTRATION

3.1           All functions available in MY iMOW® require the registration of a STIHL Account via the Digital Platform of STIHL direct GmbH, Badstr. 115, 71336 Waiblingen, Germany, info@stihldirect.io, District Court of Stuttgart, HRB 773503, VAT ID No. DE329143527, available at https://login.stihl.com/ ("Digital Platform").

3.2           The Digital Platform is subject to separate Terms of Use, available at https://app.stihl.com/en-ie/legal/terms-of-use. If you terminate your contract concluded with STIHL direct GmbH for the STIHL Account, it is no longer possible to access MY iMOW®. You will be informed of this when you cancel your STIHL Account.

3.3           If the iMOW robot mower has a Bluetooth function and you control and manage the iMOW robot mower only via this Bluetooth connection, registration for a STIHL Account via the Digital Platform is not required. STIHL Tirol facilitates the use of an iMOW robot mower exclusively via a Bluetooth connection for iMOW® 5, 6, 7 and iMOW® 5 EVO, 6 EVO, 7 EVO.

4.              CHANGES TO MY iMOW® CONTENT and Terms of Use

4.1           STIHL Tirol reserves the right to make changes to MY iMOW® which go beyond what is necessary for maintaining contractual conformity pursuant to section 327e (2) and (3) and section 327f of the German Civil Code [Bürgerliches Gesetzbuch – BGB] without your prior consent, for good cause, if such is necessary for operational reasons for adaptation to a new technical environment, increased user numbers, the usability of MY iMOW® or other important technical reasons and is free of charge for you.

4.2           STIHL Tirol reserves the right, for good cause, to amend these Terms of Use with your consent if:

a)              MY iMOW® needs to be adapted or discontinued due to a change in the law or case law; and/or

b)              for other reasons, a change or addition to MY iMOW® seems imperative and does not place you at an unreasonable disadvantage.

STIHL Tirol will notify you thirty (30) days in advance or, if STIHL Tirol is able to do so in the respective individual case, sooner and in advance in text form about the amendment in accordance with this clause 4.2 and send the amended Terms of Use in text form. In accordance with the provisions of this clause 4.2 before the date of entry into force of the amendment, you may either grant or withhold your consent. Consent shall also be deemed granted if you have not expressly consented before the date of entry into force ("Assumed Consent"), unless you explicitly withhold your consent vis-à-vis STIHL Tirol before the amendment enters into force. The text form is sufficient for the refusal of consent. For each amendment as defined in this clause 4.2 STIHL Tirol will expressly inform you of the legal consequences of Assumed Consent.

4.3           Any amendment to the usage relationship exceeding the scope specified in clauses 4.1 to 4.2 shall require your explicit consent. STIHL Tirol will inform you thirty (30) days in advance or, if STIHL Tirol is able to do so in the respective individual case, sooner and in advance in text form about the amendment to the Terms of Use and send the amended Terms of Use in text form. In accordance with the provisions of this clause 4.3, you may either grant or withhold your consent to the amendment. If you do not consent to the amendment in accordance with this clause 4.3 within thirty (30) days, the contractual relationship will be continued on the previous, unchanged Terms of Use.

4.4           STIHL Tirol reserves the right to make formal changes, editorial changes and updates to the hyperlinks at any time without prior notice.

4.5           You will not incur any additional costs due to changes made under this clause 4.

5.              Technical requirements

5.1           Depending on the functions of the respective iMOW robot mower, it may be used via MY iMOW®

a)              with a Bluetooth and/or WiFi connection, or

b)              with a Bluetooth, WiFi and/or mobile connection.

5.2           In order to control the iMOW robot mower by mobile connection or WiFi, the iMOW robot mower must be located in an area where sufficient mobile reception or WiFi reception can be established. To control the iMOW robot mower using Bluetooth, your device must be located near the iMOW robot mower.

5.3           The use of MY iMOW® requires a compatible device, i.e. an Internet-enabled smartphone/tablet/etc. for MY iMOW® Mobile App or an Internet-enabled smartphone/tablet/PC/laptop/etc. with a supported Internet browser for MY iMOW® Web App. 

5.4           The MY iMOW® Mobile App is downloaded via the App Stores. For more information, visit http://info.myimow.stihl.com.

5.5           A chip integrated in the iMOW robot mower is used for the mobile connection of the iMOW robot mower and is already activated.

6.              General RIGHTS, User's Obligations and Rights of Use of Machine Data

6.1           When using MY iMOW®, you must refrain from unlawful acts, breaches of the law and infringements of third party rights.

6.2           You are obligated to keep up to date the operating system you use for MY iMOW® and/or the browser you use for the MY iMOW® Web App.

6.3           If you upload content to MY iMOW®, make sure that you do not infringe any third party rights. STIHL Tirol is entitled to remove illegal or offensive content that you have uploaded via the functions provided by STIHL Tirol for this purpose, insofar as STIHL Tirol acquires knowledge of such content.

6.4           It is your responsibility to install updates for MY iMOW® provided by STIHL Tirol within a reasonable time. If you do not do so, although STIHL Tirol has informed you of the availability of the update and the consequences of a failure to install the same, STIHL Tirol shall not be responsible for any product defects of MY iMOW® resulting from the failure to install the update. If, on the basis of the information provided to you, you are unable to perform the installation properly, you shall be obligated to promptly inform STIHL Tirol of this.

6.5           You hereby grant STIHL Tirol the non-exclusive, worldwide, transferrable, sublicensable, unlimited in content and time, irrevocable right to permanently store, copy, distribute, present, make publicly available, modify, process , analyse, merge with its own data and data of third parties, link, collate into independent new datasets and entrust to third parties all or part of anonymised or non-personal MY iMOW® or iMOW robot mower data.

7.              STIHL IoT Service Portal

7.1           In connection with the iMOW robot mower and MY iMOW®, STIHL Tirol operates a digital portal for specialist retail and STIHL Tirol support ("STIHL IoT Service Portal"). Qualified specialist retailers as well as STIHL Tirol Support can access your iMOW robot mower to a limited extent via the STIHL IoT Service Portal and, for example, perform support actions in case of a malfunction of the iMOW robot mower.

7.2           Retailers' assistance will be provided on the basis of a separate agreement between you and the retailer.

8.              rights of use

8.1           STIHL Tirol grants you a simple, non-transferrable and non-sublicensable right to use MY iMOW® in accordance with the terms of the contract, limited in time to the term of the Terms of Use. This includes, as far as technically necessary, the installation on your device as well as the loading, displaying and running on your device. You are not permitted to decompile, reverse engineer, or disassemble MY iMOW® or parts thereof, nor otherwise attempt to acquire source code, object code, or underlying structural ideas, know-how, algorithms, or other functional mechanisms. Sections 69a et seqq. of the German Copyright Act [Urheberrechtsgesetz – UrhG] otherwise remain unaffected.

8.2           You are not permitted to interfere with or manipulate the data flow of MY iMOW® nor to add or derive data through your own interfaces. Access to the data in MY iMOW® is only permitted via the user interfaces provided.

8.3           If you use the MY iMOW® app on an Apple device, the right to use the MY iMOW® app (see clause 8.1 above) extends to all Apple devices you own or control. In accordance with the terms of Apple Media Services (available at https://www.apple.com/legal/internet-services/itunes/de/terms.html), the MY iMOW® app can also be accessed, installed and used by other accounts associated with you (such as family sharing or bulk purchases) in accordance with these terms of use.

9.              Availability

9.1           STIHL Tirol endeavours to provide MY iMOW® within the limits of what is reasonable. However, continuous availability of MY iMOW® cannot be guaranteed. MY iMOW® and the underlying infrastructure are also regularly technically maintained.

9.2           The provision of MY iMOW® may be subject to restrictions, in particular in the case of disruptions or restrictions that are not within STIHL Tirol's control. Furthermore, restrictions may arise in particular for the following reasons:

a)              for reasons of force majeure, as specified in clause 10,

b)              due to technical and other disruptions or measures, such as repair, maintenance, software updates, enhancements to the systems and MY iMOW® or implemented by upstream and downstream service providers, required for the proper or improved provision of MY iMOW®; or

c)              due to lack of availability or capacity constraints for mobile, data and other Internet connections.

9.3           You are responsible for ensuring that the MY iMOW® used by you is connected to the Internet and shall bear the costs for this.

10.           Force majeure

STIHL Tirol shall not be liable to you for any delay or failure to fulfil any performance obligation incumbent on STIHL Tirol, if the delay or failure is due to an event beyond the control of STIHL Tirol or you, which prevents STIHL Tirol in whole or in part from fulfilling its obligations, including fire damage, flooding, strikes, epidemics and pandemics, lockouts and administrative orders ("force majeure").

11.           right of WITHDRAWAL

If you are a consumer, you are entitled to a right of withdrawal upon registration in MY iMOW® in accordance with the instruction provided in the Annex to these Terms of Use. A consumer is any natural person who enters into a legal transaction for purposes which, for the most part, cannot be attributed to his or her professional or self-employed activity.

12.           TERM and termination

12.1         The contract between you and STIHL Tirol for the use of MY iMOW® is concluded for an indefinite period.

12.2         You may terminate your contract for use at any time in writing without giving reasons.

12.3         STIHL Tirol is entitled to terminate the contract for use of MY iMOW® with a notice period of thirty (30) days. Notice of termination will be sent in text form to the email address provided by you.

12.4         If there is good cause, either Party shall be entitled to terminate the contract for use of MY iMOW® without notice. STIHL Tirol shall have good cause in particular if you commit a serious violation of these Terms of Use and do not remedy this violation within a reasonable period of time in spite of a warning. A warning is not necessary if the infringement is so serious that a prior warning is ruled out due to the very nature of the case. A violation of these Terms of Use shall be deemed serious in particular if you:

a)              exceed the scope of your rights of use granted under these Terms of Use;

b)              compromise STIHL Tirol's IT security.

Section 314 BGB remains unaffected.

12.5         Upon termination of the contract for the use of MY iMOW®, STIHL Tirol shall be entitled to

a)              block your access to MY iMOW®, and

b)              deactivate the SIM card of the iMOW robot mower registered for the use of the services.

After access is blocked, you can no longer access the contents stored in MY iMOW®; the data protection regulations will be observed.

13.           Liability

13.1         STIHL Tirol shall be liable for damages in connection with the use of MY iMOW® within the scope of statutory provisions, irrespective of the legal grounds, only in accordance with the following provisions:

a)              STIHL Tirol shall be liable without limitation for damages resulting from death or personal injury, as well as for damages caused by the wilful intent or gross negligence of STIHL Tirol, its legal representatives and vicarious agents, as well as for damages caused by non-compliance with a guarantee given by STIHL Tirol or by fraudulently concealed defects.

b)              For all other damages due to a breach of essential contractual obligations resulting from simple negligence by STIHL Tirol, its legal representatives or vicarious agents, the liability of STIHL Tirol shall be based on the merits of the case. Essential contractual obligations (cardinal obligations) are those whose fulfilment enables the proper implementation of the contract in the first place and on whose fulfilment the contractual partner may ordinarily rely. In such cases, STIHL Tirol shall be liable for an amount of compensation as would be typical for foreseeable damages in such a contract. Otherwise, liability is excluded.

c)              Liability under the German Product Liability Act remains unaffected by the above provisions.

d)              Claims against STIHL Tirol for damages due to default resulting from simple negligence are excluded; your statutory rights after the expiry of a reasonable grace period remain unaffected.

13.2         You are required to take appropriate measures to prevent and mitigate damage, in particular to ensure, where technically possible, appropriate security of your data on your devices. Liability for data corruption or data loss is limited to the typical recovery effort that would have been required if backup copies had been made regularly and in accordance with the level of risk, and if adequate virus protection had been used.

14.           NOTICES

14.1         The contractual language is English.

14.2         Communication with you will take place via the email address provided in the STIHL Account.

15.           Data protection

In processing your personal data, STIHL Tirol observes the applicable data protection regulations. The STIHL Tirol MY iMOW® Privacy Policy applies, available at https://info.myimow.stihl.com/en-ie.

16.           Final provisions

16.1         The contractual relationship between you and STIHL Tirol shall be governed exclusively by the law of the Federal Republic of Germany, insofar as non-binding national consumer protection laws do not take precedence in your favour in accordance with the law of the country in which you are domiciled or habitually resident. The application of the UN Sales Convention (CISG) is expressly excluded.

16.2         If you are a business person, a legal entity governed by public law or a special fund under public law pursuant to section 14 BGB, the exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms of Use shall be Stuttgart, Germany. The same place of jurisdiction shall apply if you do not have a general place of jurisdiction in the country of origin, if you transfer your domicile or habitual place of residence from the country of origin after the conclusion of the contract, or if your domicile or habitual place of residence is not known at the time the action is brought.

16.3         There are no ancillary agreements to these Terms of Use. Amendments and additions to these Terms of Use shall be in writing unless a stricter form is required by law. This also applies to amendments or additions to this written form clause.

16.4         Should any provision of these Terms of Use be or become wholly or partly ineffective or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use.

17.           EXTRAJUDICIAL settlement OF disputeS in consumer matters

17.1         Under current law, STIHL Tirol is obligated to inform consumers about the existence of the European Online Dispute Resolution Platform, which has been set up by the European Commission to resolve disputes.

17.2         The European Online Dispute Resolution Platform can be found here: https://ec.europa.eu/consumers/odr/.

17.3         Contact details of the official dispute resolution bodies can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm

17.4         In the absence of a legal obligation to participate in dispute settlement proceedings before a consumer dispute resolution body, STIHL Tirol is not obligated and not willing to participate in such dispute resolution proceedings.

17.5         Furthermore, due to statutory regulations, STIHL Tirol hereby specifies the STIHL Tirol email address, which reads as follows: information@stihl.at

 

 

 

INFORMATION ABOUT THE RIGHT TO WITHDRAW

RIGHT TO WITHDRAW

You have the right to withdraw from this contract within fourteen days without giving reasons.

The withdrawal period shall be fourteen days from the date of conclusion of the contract.

In order to exercise your right of revocation, you must inform us (STIHL Tirol GmbH, Hans-Peter-Stihl-Str. 5, A-6336 Langkampfen/Kufstein, Austria, Regional Court of Innsbruck, FN 46276 d, VAT ID No. ATU32234908, email: information@stihl.at, phone +43 5372 69720) in a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached withdrawal form template, but this is not required.

 

In order to comply with the withdrawal period, it is sufficient that you send the notice that you are exercising your right of withdrawal before the expiry of the withdrawal period.

 

CONSEQUENCES OF WITHDRAWAL

 

If you withdraw from this contract, we will have to refund to you all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the date on which we received the notification of your withdrawal from this contract. We will use the same means of payment for this repayment that you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment.

 

 

 

Template for the withdrawal form

 

(If you wish to withdraw from the contract, please fill out this form and send it back.)

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To STIHL Tirol GmbH, Hans-Peter-Stihl-Str. 5, A-6336 Langkampfen/Kufstein, Austria, Regional Court of Innsbruck, FN 46276 d, VAT ID No. ATU32234908

Email: information@stihl.at , phone +43 5372 69720

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I/we (*) hereby withdraw from contract entered into by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

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Ordered on (*)/Received on (*)

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Name of the consumer(s)

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Address of the consumer(s)

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Signature of the consumer(s) (only for paper communication)

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Date


(*) Delete as appropriate.