Terms of Use (v6)

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APPLICATION (hereinafter "App" or "Software"). BY USING THIS APP, THE USER ACCEPTS THE FOLLOWING TERMS OF USE AND THE PRIVACY POLICY OF INNIO.

Preamble

The myPlant platform is intended for business use by INNIO Jenbacher GmbH & Co OG (hereinafter briefly "INNIO", "We" or "Us") and certain customers Approved by INNIO (hereinafter "You" or "User"). We provide the Software to the user exclusively for use in a web-based way using computer programs for displaying web pages on the World Wide Web and via applications for mobile devices (the "App").

1. Contract, Contract Formation

1.1. These terms of use may be changed from time to time by INNIO. To use the App and our service, you need to accept these terms of use. If you do not agree to these terms of use, use of the App is not possible.

1.2. To use the software, registration as a user via the App is required.

1.3. The contract between us and the user is concluded electronically. With the completion of the initial registration process by the user via the App, for which the user's consent to the validity of these terms of use is required, the terms of use are concluded between us and the user regarding the use of the App.

1.4. Only the present terms of use Apply to the terms of use.

1.5. We grant the user a right of use to the App limited to the business purposes outlined in the individual contract for the duration of the terms of use.

1.6. The user can terminate the usage contract at any time by deactivating his user account. INNIO is entitled to terminate the user contract, without providing a reason, by deactivating and blocking the user.

1.7. INNIO is entitled to terminate, change, suspend or discontinue the availability of functions at any time. INNIO may remove, modify or otherwise change any content, including third-party content, from the App. INNIO may restrict certain functions and services or your access to parts or all of the App without prior notice or liability.

1.8. These terms of use Apply exclusively to the use of this App and do not change the conditions of other agreements that you may have with INNIO or its subsidiaries or affiliated companies.

1.9. The use of the App by the user is voluntary and free of charge. However, you may not access or use the App if you do not accept and fully comply with these terms of use.

2. Remuneration

2.1. The user who has ordered a paid package within the App is obliged to pay us for the use of the Software.

2.2. The amount of the remuneration owed by the user is based on the respective offer on the website or a different individual agreement.

2.3. We reserve the right to change the prices retrospectively for existing terms of use. The remuneration is due in advance at the beginning of the billing interval. The billing interval is based on the offer chosen by the user on the website. In the event of termination of the maintenance package during a current billing interval, the user is not entitled to a refund of the remuneration for the remaining part of the billing interval.

2.4. The payment of the remuneration by the user must be made exclusively by means of those payment services that we offer within the framework of the website.

3. Property Rights

3.1. Copyright: All content on this App, especially the design, text, software, technical drawings, and logos are either Copyright ©INNIO or are the protected property of INNIO's affiliated companies or licensors. The content of the App may not be modified, copied, published, downloaded, transmitted, sold or otherwise used in whole or in part in any form or by any means without prior written permission from INNIO. Any use of the content is strictly prohibited.

3.2. Analysis prohibition: You agree not to systematically collect or exploit data from this App electronically or otherwise.

3.3. Trademarks: All trademarks on the App are either trademarks or registered trademarks of INNIO or its affiliated companies or licensors and may not be copied or used in whole or in part without prior written permission from INNIO. All custom graphics and button icons are trademarks of INNIO or its affiliated companies and may not be copied or used in whole or in part without prior written permission from INNIO. Other trademarks, registered trademarks, product names and company names or logos displayed in the App are the property of their respective owners.

3.4. Patents: The products and processes of INNIO may be protected by one or more patents and are subject to property rights by INNIO. INNIO reserves all these rights. A transfer or granting of patent rights does not occur and is not implied by any provision of these terms of use. You commit to not infringing these rights and not using any products or processes of INNIO.

3.5. Downloading Content: Notwithstanding the provisions in this section, INNIO hereby grants each user who agrees to the terms of these terms of use, the right to download remote monitoring data that is specific to the equipment of the respective customer, provided that these are made available by INNIO.

4. Use

4.1. The user assures that all information provided during his registration is complete and truthful.

4.2. The use of the Software for purposes that violate Austrian law or the law of the country in which the App is used by the user, or that violate good morals, is prohibited.

4.3. If you are in a jurisdiction that restricts access to the App, you may not use the App. INNIO makes no representation in this regard that the App is suitable or available for use outside of Austria.

4.4. As a member, you create an account. You are responsible for all activities that occur in your account. Therefore, it is important that you protect your account from unauthorized access.

4.5. You agree that we may send you notifications and messages in the following ways:

4.5.1. within the App or

4.5.2. to the contact address you provided (e.g., business email address, mobile phone number, postal address).

4.6. You commit to keeping your contact details up to date.

5. Links and Content from Third Parties

The App may contain links to third-party websites. These links are provided for assistance and do not constitute recommendation of the linked content, services, or products.

6. Access to the SES Solution (Service Expert System):

6.1. INNIO may grant users access to INNIO SES (Service Expert System), without users acquiring a right to it.

6.2. The user shall evaluate the accuracy of the information provided by SES in each individual case. INNIO is not liable for any damages resulting from incorrect or incomplete information from the SES solution. Furthermore, INNIO is not liable for any damages resulting from non-compliance or incorrect compliance with the advice given within the framework of the SES solution.

6.3. INNIO reserves the right to limit and/or revoke access to INNIO SES (Service Expert System) at any time and without prior notice.

7. User Behavior

7.1. The use of myplant is only permitted for business purposes and on the condition that you do not use the services for purposes that are illegal or violate these terms of use and notices. The services shall not be used in a way that could damage, disable, overload, or otherwise impair an INNIO server or the networks connected to an INNIO server. You are not allowed to gain unauthorized access to services, accounts, computer systems, or networks through illegal procurement of passwords or other methods. You are also not allowed to obtain or attempt to obtain materials or information by means that were not deliberately made available through the services.

7.2. You also agree to:

7.2.1. Not to disrupt or impair the security of the service, the system, the accounts, the servers, or networks connected to or accessible through the App, or to misuse them in any other way.

7.2.2. Not to upload, post, or otherwise transmit any viruses or other harmful, disruptive, or destructive files over or onto the App.

7.2.3. Not to create an account or use the App under a false identity.

7.2.4. Not to share your username and password with others, either within or outside the App.

7.3. Posted content is subject to global, cross-border processing, transmission, and storage.

7.4. Furthermore, you agree that you are solely responsible for actions and communications made or transmitted under your account, and commit to comply with all Applicable local, state, national, and international laws and regulations.

7.5. You are aware that non-compliance with the terms of use may result in your access to the App being blocked or revoked.

7.6. The user shall fully indemnify and hold harmless INNIO from all claims, damages, and expenses (including reasonable legal defense costs) arising in connection with a breach by the user of any of his obligations set forth in these terms.

7.7. Regardless of this, in the event of a breach of the user's obligations, we have the right to terminate the terms of use with immediate effect and to revoke or block the user's access to the App.

8. Data Protection

8.1. The protection of users' personal data is of particular concern to INNIO. You agree that INNIO may use the collected data for the purposes stated in our privacy policy and in these terms of use.

8.2. The privacy policy (available at http://www.innio.com/en/privacy) forms an integral part of these terms of use.

8.3. Purpose of using personal data: You acknowledge that INNIO may use (i) your full name, (ii) your email address, (iii) your telephone number, and (iv) your username for the following purposes:

8.4. INNIO may contact you by email or phone in connection with notifications about the technical condition of your engine. This includes, among other things, (i) changes to the operation of the engine, (ii) connection interruptions, (iii) notifications from our analysis system, (iv) notifications about system maintenance/failures.

8.5. INNIO may contact you by email or phone in connection with product information, e.g., about (i) newly released features, (ii) available training and webcasts, (iii) upcoming myPlant events, (iv) new documents available in myPlant. Please note that you must agree to this service. To use this service, visit your myPlant profile page (https://myplant.io/#/user/profile) and activate the "Receive Product Information" checkbox. You can also deactivate this service at any time by deactivating the "Receive Product Information" checkbox in your myPlant profile.

8.6. INNIO can use your personal data and display it on the App website when you are logged in.

8.7. INNIO can use your personal data for tracking App usage and detecting improper use through an internal INNIO tracking system. Such a system will not be made accessible to third parties outside of INNIO. INNIO respects DoNotTrack technologies.

8.8. INNIO can share your personal data in the course of collaboration features with members of your organization.

8.9. If you have concerns or questions related to data protection, visit this page: https://www.innio.com/en/privacy#How_to_Contact_Us. Alternatively, you can contact your INNIO representative.

8.10. Deletion provisions regarding personal data: User profile information is retained until the user is deleted/the contract is terminated. Tracking data containing personal information is retained for 3 months after the user is deleted/contract is terminated. Audit logs containing personal information are deleted 12 months after the user is deleted/contract is terminated.

9. Disclaimer

9.1. The user acknowledges and agrees that continuous availability of the Software is neither owed nor guaranteed. This includes not only unforeseen interruptions in the availability of the Software but also planned maintenance work. We are not obliged to inform the user in advance of planned maintenance work and associated interruptions in the availability of the software.

9.2. We exclude any warranty for the Software in terms of its suitability for a particular purpose, error-free operation, quality, or specific characteristics to the extent permitted by law, unless we have expressly assured such characteristics. With regard to Software errors, we only warrant to the extent that these do not significantly impair the intended use of the Software. You expressly agree that the use of this App and/or its contents is at your own risk and the decision to implement and the implementation itself always rests with the user. You expressly agree that the use of this App, including all content, data, or software components distributed, downloaded, or accessed through the App, is at your own risk. You agree that you are solely responsible for any damage to your business, your computer system, or data loss resulting from the downloading of content.

9.3. IRRESPECTIVE OF THE LEGAL BASIS ON WHICH A CLAIM IS BASED, ANY LIABILITY OF US - TO THE EXTENT LEGALLY PERMISSIBLE - IS EXCLUDED FOR ALL CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES, SPECIAL DAMAGES, AND THE LIKE, WHICH ARISE FROM OR IN CONNECTION WITH THE USAGE CONTRACT, IN PARTICULAR DAMAGES DUE TO DATA LOSS OR DAMAGE, LOSS OF PROFITS OR REVENUE, OR AVAILABILITY OF THE SOFTWARE, AS WELL AS DAMAGES TO ENGINES DUE TO CHANGES, WHICH ARE DUE TO A NON-BINDING RECOMMENDATION BY INNIO.

9.4. FURTHERMORE, ANY LIABILITY FOR SLIGHT NEGLIGENCE IS EXCLUDED.

10. Miscellaneous

10.1. In the event that INNIO is subject to a claim by a third party for a violation of these terms of use or other contractual obligations, the user shall hold INNIO harmless and shall indemnify INNIO.

10.2. These terms of use represent the entire agreement of the use of the App and all previously made agreements shall be prevailed by these terms of use.

10.3. The user may only assign or transfer his rights and obligations arising from these terms of use to third parties with our prior written consent.

10.4. Only Austrian law applies. The Application of the Vienna UN Convention on the Law of Sales and the norms of international private law, including European collision norms, is excluded.

10.5. For all legal disputes arising from these terms of use as well as its formation and validity, the court with subject-matter jurisdiction in Innsbruck is exclusively competent; at our choice also the court with subject-matter jurisdiction at the user's location.

10.6. If one or more of the aforementioned clauses are or become invalid over time, the remaining clauses shall remain unaffected. In place of the invalid clauses or in the case of a regulatory gap, the legal regulations shall apply.

10.7. These terms of use are being drafted in several languages. In case of differences between the versions, the English version shall prevail. The other versions shall only be considered for translation convenience purposes.