The customer operates an installation with AUMA products. AUMA provides various services to the customer as part of the after-sales service. These services include, in particular, digital services ("data services") on the AUMA Cloud hereinafter AUMA CORALINK platform ("platform"). The platform is made available by the contracting party AUMA Riester GmbH & Co. KG (hereinafter referred to as the "Operator"), with which the customer concludes these Terms of Use.
1. | Scope |
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1.1. | These terms of use apply to the operation of the platform, including the granting of the necessary rights of use in favour of the customer. |
1.2. | The platform user is a natural person, employee or representative of the customer (hereinafter "user"). |
1.3. | The terminology used in these terms of use correspond to the terms defined in the General Terms and Conditions. |
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2. | Conclusion of the user agreement, user account and registration, access to the platform |
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2.1. | The user agreement between the customer and the operator is concluded upon initial registration on the platform. |
2.2. | To use the platform, the customer must register on the AUMA web portal (https://cloud.auma.com/login) and set up an individual user account using the e-mail addresses for receiving the free basis version. Using the e-mail addresses provided in an order form, the accounts of the basic version can be upgraded to a CORALINK Plus account. Registration is only permitted once per user and requires verification and activation. |
2.3. | Unless expressly agreed otherwise, the number of CORALINK Plus user accounts that can be created by the customer in accordance with the contract results from the order form. If the customer wishes to create user accounts other than those agreed in the offer or otherwise, the customer shall inform AUMA immediately. |
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3. | Subject matter of the agreement |
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3.1. | By concluding this user agreement, the customer is granted access to the operator's platform and the associated digital services. |
3.2. | The scope of functions of the free basic version is limited to managing max. 100 devices. |
3.3. | Upon registration, the customer is granted a time-limited test phase. The trial period is limited to a certain number of devices and functions. During the free trial phase, the customer can use the platform's services with limited functions. The customer shall not be allowed to register several times either with the same or various e-mail addresses to repeatedly benefit from the free trial period. |
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4. | Granting of rights of use, exemption |
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4.1. | The operator is holds all copyrights for the platform. The operator grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the platform in accordance with this agreement, to the agreed extent, for the term of this contract and without geographical restrictions. |
4.2. | The customer grants the operator all rights to data readily available to the operator within the meaning of Art. 2 No. 17 of EU Regulation (EU) 2023/2854 (hereinafter "readily available data") necessary for the fulfilment of the contract. This readily available data includes the machine data generated by the customer's connected products, telemetry data, such as measured values on the use of the platform, statistics, KPIs on the status and performance of the system components used by the customer and comparable technical data. In particular, the operator shall be granted the right to store, transmit and process such readily available data, e.g. in order to be able to proactively make suggestions to the customer for predictive maintenance or to improve the data services on the basis of the processed data. |
4.3. | The customer shall indemnify the operator against all third-party claims in connection with
- the readily available data or their provision;
- all other content that the customer makes available to the operator via the platform;
- the use of the platform by users in a way that infringes or impairs the rights of third parties;
- Violations of applicable legal regulations by the customer or user when using the platform
unless the customer cannot be held responsible for this.
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4.4. | If and to the extend that the readily available data or data generated by the connected service contains trade secrets within the meaning of Section 2 GeschGehG [Act on the Protection of Trade Secrets], the data holder or the holder of the trade secret may make the obligation to disclose this data of the customer in accordance with Art. 4, 5 Data Act dependent on the conclusion and implementation of technical and organisational measures, which are necessary to protect the confidentiality of the trade secrets, in particular towards third parties. In this case the customer must provide evidence of such measures. Should the customer fail to fulfil this obligation, the operator may refuse to disclose this data. |
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5. | Responsibility and co-operation of the customer |
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5.1. | The customer shall support the operator in the contractual provision of services at their own expense and shall create the necessary conditions for the proper fulfilment of the contract. In particular, the customer is responsible for providing and maintaining the technical system requirements that are necessary for access to the platform in the customer's area of responsibility (e.g. required hardware, software such as web browsers, mobile devices, Internet access). |
5.2. | Furthermore, the customer is responsible for all business decisions made on the basis of the use of the platform. |
5.3. | The customer shall make all data required for the customer's use of the platform available to the operator only via the platform. If data is transmitted to the operator outside the platform (e.g. via e-mail), the operator shall provide this data for the customer's use on the platform at their own discretion. |
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6. | Availability |
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6.1. | The operator guarantees an annual average uptime of 98 % for CORALINK services for CORALINK Plus Accounts. The specified available uptime shall not include maintenance times or failures of availability outside the operator’s area of responsibility. Scheduled maintenance windows will be announced in advance. |
6.2. | Should the available uptime not be respected, the customer shall be entitled to receive a credit or discount in the following year to the same amount should the following cumulative conditions be fulfilled.
The customer shall provide the operator with all the necessary information for verifying the claim, in particular
- a detailed description of the incident,
- indications on the time and the duration of the failure,
- number and location(s) of the affected users (if applicable) and
- description of the attempts of the customer to remedy the incident once it had occurred.
This information shall be submitted and received by the operator within one month after occurrence of the incident which is subject to the claim.
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7. | Support
The customer shall contact AUMA's local support service in the country for all inquiries (including fault or malfunction reports). For a CORALINK PLUS Account, see clause 7 of General Terms and Conditions for CORALINK Data Services.
Confidentiality / secrecy / data protection |
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7.1. | The contracting parties undertake to maintain secrecy about all business and trade secrets of the other party entrusted to them, made accessible to them or otherwise become known to them and, to use such confidential information only for the contractually intended purpose. The contacting parties shall only grant access to confidential information to those employees and subcontractors who need to gain knowledge of this information for the purposes of contractual fulfilment (”need-to-know principle”) and who have contractually agreed to maintain secrecy. |
7.2. | Confidential information of the operator includes, in particular, the software underlying the platform in all forms of code and expression, as well as information regarding the structure and functioning of the IT architecture supporting the platform and the operator´s IT security measures. The customer shall be prohibited from obtaining confidential information from the operator by means of reverse engineering. Reverse engineering refers to all activities, including monitoring, testing, analysing and dismantling, with the aim of obtaining confidential information. The application of mandatory copyright regulations shall remain unaffected. |
7.3. | The obligation to maintain secrecy does not apply to confidential information that was already known to the respective recipient beforehand without an obligation of secrecy or that has been generally known without the recipient being responsible for this, or that is lawfully disclosed to the recipient by a third party without an obligation of secrecy or that has been developed independently by the recipient with appropriate evidence. |
7.4. | Any additional confidentiality obligations arising from an existing confidentiality agreement and/or from the law (e.g. with regard to trade or business secrets from the GeschGehG or with regard to personal data from the GDPR) remain unaffected by the above provisions. |
7.5. | The customer and every user is prohibited from disclosing their personal access data to unauthorised third parties. All access data must be stored securely so access by third parties is prevented. The customer shall notify the operator immediately if there is any suspicion that unauthorised third parties may have gained knowledge of the access data. If there is a suspicion of unauthorised gaining knowledge of the access data by third parties, the operator shall be entitled to temporarily disable the customer's access to the platform. |
7.6. | The customer only transmits and processes their own data via the platform. To the extend that the customer's data provided to the operator is personal data, the customer is responsible for compliance with data protection regulations, in particular the General Data Protection Regulation (GDPR). The customer shall ensure that the relevant legal requirements for transmission to and processing by the operator are fulfilled. For the processing of personal data by the operator on behalf of the customer, the conditions of the separate contract for data processing between the customer and the operator apply. |
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8. | Prohibited activities |
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8.1. | The user may only use the platform for the intended purposes and only in accordance with this contract and the applicable law. |
8.2. | Any actions that are likely to impair the operation of the platform and/or the underlying technical infrastructure are prohibited. This includes in particular:
- sharing content that contains viruses, worms, malware, Trojans or harmful properties;
- the use of software, scripts or databases not authorised by the operator in connection with the use of the platform;
- the automatic reading, blocking, overwriting, changing, copying of data and/or other content, unless necessary for the proper use of the platform; and
- any activities to decrypt, decompile, disassemble, reconstruct or otherwise attempt to discover the source code of software or proprietary algorithms used by the operator to operate the platform, unless permitted by mandatory legal regulations.
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8.3. | If the user becomes aware of any unlawful, abusive or otherwise unauthorised use of the platform, the user must contact local AUMA support by e-mail (refer to clause 7 General Terms and Conditions CORALINK Services for CORALINK Plus Accounts). Support will then check the matter and take appropriate action if necessary. |
8.4. | Should the customer violate this contract or the General Terms of Use, AUMA shall be entitled to immediately deactivate or initiate deactivation of the respective user account and deletion of the stored data. Deactivation may only be made once the customer has been notified of the violation under the thread of deactivation before and should the customer not immediately remedy the violation. Further rights (in particular to damages, even against customers who violate these Terms of Use) are not affected. The operator reserves the right to deny registration or initiate (temporary or permanent) deactivation of the account, if:
- false or incomplete data has been used for the purpose of registration;
- customers have continued to violate this contract or the General Terms of Use despite formal notice and threat of deactivation after unsuccessful expiry of the deadline;
- customers violate the applicable legislation when accessing or using the platform;
- a user has not used the account for a longer period of time (> 2 years).
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9. | Amendments to the terms of use |
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9.1. | The operator is authorised to amend or supplement these terms of use at any time with effect for the future if this is necessary due to legal changes or due to functional or technical developments of the platform. |
9.2. | The operator shall provide customers and users with the opportunity to confirm changes when accessing the CORALINK modules. CORALINK PLUS customers and users shall be informed of any amendments or additions to these Terms and Conditions by means of a durable medium (e.g., letter or email) at least six (6) weeks prior to their intended effective date. If the customer does not object to the amendment or addition within 30 days of this notification, the amendment or addition shall be deemed accepted ("deemed consent"). The operator shall expressly inform the customer of this deemed consent in the notification. The deemed consent shall not apply to an amendment or addition affecting a material contractual obligation if this results in an unreasonable imbalance between the respective contractual obligations of the contracting parties to the detriment of the customer. In the event of an objection, the contract will be continued under the previous conditions. |
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10. | Term of contract, termination and switching of CORALINK Plus Accounts |
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10.1. | The contract shall be valid for an indefinite period and can be terminated by either party with 2 weeks' notice to the end of the month. |
10.2. | The right to extraordinary termination for good cause shall remain unaffected. |
10.3. | Any termination must at least be made in writing to become effective. |
10.4. | In all cases of termination of the contract - for whatever legal reason - the customer is obliged to immediately cease using the platform. At the request of the operator, the customer must confirm fulfilment of the aforementioned obligations in writing (§ 126 BGB). |
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11. | Contract switching for a CORALINK PLUS Account |
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11.1. | The customer has the right to switch to another provider of data processing services or to transfer their data and digital assets to their own technical infrastructure and have them deleted by the operator. |
11.2. | The notice period for initiating the switching is two months and begins with the receipt of the switching or cancellation request by the operator. |
11.3. | Deviating from clause 10, the contract shall be deemed terminated:
- once the switching has been successfully completed; or
- after expiry of the cancellation period, if the customer does not wish to switch but wishes to delete their data.
The operator shall inform the customer in writing about the termination of the contract in accordance with this clause.
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11.4. | The customer may inform the operator of their decision after expiry of the cancellation period:
- to switch to another provider;
- to switch to its own technical infrastructure;
- to have their data and digital assets deleted.
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11.5. | Upon customer request, the operator shall enable the customer to transfer all exportable data and digital assets immediately, but no later than within a transition period of no more than 30 calendar days after expiry of the notice period. |
11.6. | If the transition period of 30 days is not technically feasible, the operator shall inform the customer within 14 working days, giving reasons for the technical impracticability and specifying an alternative transition period of a maximum of seven months. |
11.7. | The customer is entitled to extend the transition period once by a reasonable period. |
11.8. | During this transition period, the operator commits itself:
- to provide the customer and third parties authorised by the customer with appropriate support in performing the switching;
- to act with due diligence in order to maintain the continuity of the client's business operations;
- to inform clearly about known risks to the uninterrupted provision of the functions or services (refer also to the data notices);
- to ensure a high level of safety during the switching.
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11.9. | The operator supports the customer's exit strategy by providing all relevant information if the customer requests such information from the operator. |
11.10. | The data categories that can be transferred during the switching process, non-transferable data categories and switching charges can be found in the data notices. |
11.11. | The customer is granted a period for data retrieval of at least 30 days after the end of the transition period. |
11.12. | All of the customer's exportable data will be completely deleted at the end of the retrieval period, provided that the switching has been successfully completed. |
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12. | Final provisions |
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12.1. | The law of the Federal Republic of Germany shall apply, excluding the conflict-of-laws provisions of private international law and the UN Convention on Contracts for the International Sale of Goods. |
12.2. | The place of jurisdiction for all disputes arising in connection with these Terms of Use A. and B. shall be the court having jurisdiction over the operator’s registered office, provided the customer is a merchant, a legal entity under public law, or a special fund under public law. These Terms of Use shall be governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use and the use of the individual CORALINK modules—regardless of the legal basis—shall be the registered office of AUMA Riester GmbH & Co. KG, 79379 Müllheim, Germany. This shall also apply if the customer does not have a general place of jurisdiction in Germany. The operator shall be entitled bring an action before any other competent court. |
12.3. | If any provisions of this agreement or the offer be or become invalid or unenforceable, or should the contract contain a omission, the remaining provisions shall remain unaffected. Instead of the invalid or missing provision, the contracting parties shall agree on a valid or enforceable provision that comes closest to the intended purpose of the originally agreed clause. |
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