Terms and Conditions for Husqvarna Fleet Services
Version 2.1 June 2018 – Sweden
The Services consist of access to and use of functions made available on the Fleet Services Platform. The Services provide the Platform Users of the Customer access to the Fleet Services Platform and the ability to monitor Machine Data.
Fleet Services comes with a set of free functionality, such as asset list. In order to make use of the full range of Services, each Machine must be subscribed to the Services (a Machine Subscription).
The Customer can activate and inactivate Machine Subscriptions over seasons. Available Service content depends on Machine model and some Services are not available for Third Party Machines. Detailed information about which Service content is available for each Machine model can be found on www.husqvarna.com or inside Fleet Services Platform.
For the avoidance of doubt, these terms and conditions do not regulate the sale of Machines and Hardware, which instead is regulated by a separate sales contract concluded with the Husqvarna Sales Company or the Dealer.
The following expressions shall, when used in these terms and conditions and on the Fleet Services Platform, have the meaning assigned to them in this Section 2:
“Account” |
means a user account, including log-in credentials, enabling the Customer to access the Fleet Services Platform and other Husqvarna systems. |
“Customer” |
means the customer company that validly operates the Machines in its business and for which the Account has been created. |
“Dealer” |
means an independent company (not part of the Husqvarna AB group of companies) that sells Husqvarna Machines and Hardware to the Customer under a separate agreement.
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“Fleet Services Platform” |
means the web portal found at fleetservices.husqvarna.com and dedicated apps for Android and iOS smart phones and tablets. |
“Hardware” |
means all hardware equipment required for data collection, monitoring and management in connection with Husqvarna Fleet Services, including Sensors, electronic ID cards, base stations and the necessary computer and telecommunications equipment to access the Internet. |
“Husqvarna AB” |
means Husqvarna AB (publ), Company Registration No. 556000-5331, a corporation organized and existing under the laws of Sweden, having its principle office at Drottninggatan 2, SE-561 82 Huskvarna, Sweden. |
“Husqvarna Machine”
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means a Husqvarna hand held, walk-behind, robotic lawn mowers or ride-on Machine owned, leased or otherwise validly operated by the Customer as part of its fleet, in relation to which the Customer will use the Services. The Machine models available for the Services are listed on the Fleet Services Platform at www.husqvarna.com. |
“Husqvarna Sales Company” |
Means the local Husqvarna sales company providing the Services to the Customer. The Husqvarna Sales Company is the Customer’s contracting party. The Husqvarna Sales Company in Sweden is Husqvarna AB, registered with the Commercial Register at the Local Court of Jönköping under the Company Registration No. 556000-5331, a corporation organized and existing under the laws of Sweden having its principle office at Drottninggatan 2, 561 31 Huskvarna, Sweden. |
“Machine” |
Means a Husqvarna Machine and/or a Third Party Machine as the case may be. |
“Machine Data” |
means certain data attributable to the Machine, such as engine rpm and clutch engagement. For the avoidance of doubt, Machine Data does not contain any personal data.
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“Fleet Machine Sensor” |
means a Sensor installed in a Machine. |
“Platform User” |
means an individual who has been authorized by the Customer to use the Services and the Fleet Services Platform, or part thereof. |
“Machine Subscription” |
means a subscription to the Services, for one or more of the Customer’s Machines. |
“Sensor(s)” |
means the Fleet Machine Sensors and the sensors built into the electronic ID-cards and the base station, enabling data tracking and wireless transmission of data. |
“Service(s)” |
means Husqvarna Fleet Services, as described in Section 1, as subscribed to by the Customers. |
“Software” |
means the software provided with or embedded in the Sensor and the software contained in or underlying the Fleet Services Platform. |
“System” |
means the Software and Hardware required for data collection, monitoring and management in connection with Husqvarna Fleet Services. |
“Third Party Machine” |
Means a hand held, walk-behind, ride-on or other utility machine owned, leased or otherwise validly operated by the Customer as part of its fleet that is not a Husqvarna Machine, in relation to which the Customer will use the Services. |
In order to use the Services the Customer must:
Sign up for and create an Account, as further described in Section 4.
Accept these Terms and Conditions as set out on the Fleet Services Platform, as further described in Section 4.
Pay the relevant subscription fees, as further specified in Section 10.
Obtain the necessary Hardware (as defined in Section 2 above) as follows:
- The Fleet Machine Sensors.
- The Customer is responsible for obtaining and maintaining access to the Services. Thus, the Customer must have and is responsible for all computer and telecommunications equipment necessary to access the Fleet Services Platform (including Internet connection).
Follow Husqvarna Sales Company’s instructions from time to time regarding the Services, for example relating to Software updates required for the continued use of a Service.
During the onboarding process, a welcome e-mail to the Fleet Services Platform will be generated and sent to the Customer. The Customers first step will be to confirm and/or create an Account and may then continue to login to the Account on the Fleet Services Platform only after having accepted these Terms and Conditions for Husqvarna Fleet Services, as presented to the Customer on the Fleet Services Platform.
The Husqvarna Fleet Services will be administered by the Customer via a set of self-service modules in the Fleet Services Platform, such as adding Machines, inviting and managing Platform Users, activating the Machine Subscription(s).
User names and passwords are personal and must be handled with care by the Customer and the Platform Users.
The Customer acknowledges that Husqvarna AB (or a third party) holds all intellectual property rights to the Software, including the Software documentation and user manuals, and that Husqvarna AB holds the intellectual property rights to the trademarks and/or trade names Husqvarna and Husqvarna Fleet Services.
The Customer may not copy, replicate, alter, modify, adapt, decompile, disassemble, create a derivative work of, reverse engineer, or otherwise attempt to discover any source code of the Software, except to the extent expressly permitted by Husqvarna AB or under mandatory law.
Husqvarna Fleet Services are marketed by Husqvarna Sales Company as services. The Customer acknowledges and agrees that the Customer does not obtain any intellectual property rights to the Software, to the System or to Husqvarna AB’s or Husqvarna Sales Company’s registered trademarks and/or trade names.
The Customer also acknowledges and agrees that, unless otherwise indicated, the Fleet Services Platform and its contents are the property of Husqvarna AB. The copyright and the material contained on the Fleet Services Platform belong to Husqvarna AB or its licensors, and the trademarks appearing on the Fleet Services Platform are protected under law and international trademark laws. The Customer may not copy, replicate or redistribute any of the content of the Fleet Services Platform or create a database in electronic form or manually by downloading and storing any such content.
Husqvarna Sales Company may modify the Services, including the fees, or the provisions of these terms and conditions at any time in Husqvarna Sales Company’s sole discretion. Any change to a Service (other than minor changes) or these terms and conditions shall be notified to the Customer by all appropriate means of correspondence with confirmation of delivery and take effect thirty (30) days after such notice was served to the Customer. The Customer is entitled to terminate the Services or individual subscriptions, with immediate effect by written notice with confirmation of delivery if the notified changes are not acceptable to the Customer in which case the Customer may request that any pro-rated pre-paid sums for the terminated parts of the Services will be repaid to the Customer. Unless the Customer within the foregoing thirty (30) days' period has exercised its right to terminate the Services in whole, the Customer shall be deemed to have accepted Husqvarna Sales Company’s changes to the Services or these terms and conditions.
The Services will result in the automatic gathering of Machine Data.
Data created by the Customer in connection with its use of the Services, belong to the Customer. However, Husqvarna AB, Husqvarna Sales Company and Dealers as selected by the Customer may freely access, process, utilize and aggregate Machine Data contained in the Services and the System. Such aggregated Machine Data may, for example, be used to improve support services and to provide appropriate maintenance and asset management of the Machines. Husqvarna AB and Husqvarna Sales Company are free to disclose any anonymized Machine Data to third parties and publicly. Husqvarna AB’s and Husqvarna Sales Company’s right to access, process, utilize and publish the anonymized Machine Data may not be revoked or terminated and will survive the termination of all subscriptions.
Personal data about the Platform User, if processed by the Customer, is stored on behalf of the Customer in a database to which only a limited amount of Husqvarna super users have access. See further Section 8 below.
Historic data in the System connected to an individual subscription of the Customer can be accessed by the Customer on the Fleet Services Platform after the subscription has been deactivated.
The Customer, on the one hand, and Husqvarna AB and a Husqvarna Sales Company, on the other hand, shall comply with the requirements on data controllers and data processors (respectively) included in the EU Directive 95/46/EC (the "Directive") and, as from 25 May 2018, Regulation (EU) 2016/679 General Data Protection Regulation (the "GDPR"), and such national legislation implementing the Directive and the GDPR (together the "Data Protection Legislation"). In line with Data Protection Legislation, Customer and Husqvarna AB or the applicable Husqvarna Sales Company will conclude a data processing agreement pursuant to Article 28 of the GDPR.
In addition, Husqvarna AB and the Husqvarna Sales Company may process personal data as controllers for marketing purposes pursuant to Data Protection Legislation. For further information on such processing, please contact privacy@husqvarnagroup.com.
The Customer agrees not to disclose any confidential information of Husqvarna AB or Husqvarna Sales Company. Confidential information includes all business, marketing, technical or other information of a confidential or sensitive nature belonging to, or licensed to, Husqvarna AB or Husqvarna Sales Company and disclosed to the Customer as part of or in connection with the Services. Information shall not be considered confidential to the extent that such information is: (i) already known by the Customer free of restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of restriction; or (iii) available publicly.
The Customer shall pay monthly fees, or as otherwise specified on the Fleet Services Platform, for each subscription activated from time to time. Subscription fees paid are non-refundable, unless otherwise stated.
To the extent not expressly stated otherwise in these terms and conditions, neither Husqvarna AB, Husqvarna Sales Company, nor any of their partners, agents or affiliates, have made or shall be deemed to have made any representation or warranties in respect of the Services, the Fleet Services Platform or the System. Thus, they are provided without any warranties, to the fullest extent permissible by mandatory law.
The Customer understands and agrees that Husqvarna AB and Husqvarna Sales Company will have no responsibility or liability for any damage arising as a result of any inaccuracy in the data processed as part of the Services or as a result of a failure to store Customer input information or Machine Data. The Customer also understands and agrees that the provision of the Services contains elements of hosting services and communications, and that the provision of such services might not be free from errors, meaning that the provision of the Services may be interrupted or suspended, and that Husqvarna AB and Husqvarna Sales Company will have no liability with respect thereto.
No claims for compensation may be lodged by the Customer - including those of a non-contractual nature - for any minor negligent breach of duty by Husqvarna AB or Husqvarna Sales Company, their executive staff or other partners, agents or affiliates.
Husqvarna AB and Husqvarna Sales Company shall only be liable for lost profit, indirect damage, consequential loss, any other indirect damages or any damages which could not be foreseen at the time of conclusion of the contract if such damages occur due to a gross negligent fault of Husqvarna AB, Husqvarna Sales Company or one of their managerial employees. This limitation of liability is correspondingly valid for claims against employees, agents, partners and affiliates of Husqvarna AB and Husqvarna Sales Company.
The above limitations shall not apply to damage resulting from death, injury or damage to health or for any other liability which cannot be limited or excluded by applicable law.
The Customer shall indemnify and hold harmless Husqvarna AB and Husqvarna Sales Company and each of their partners, agents and affiliates from and against any and all claims, liabilities, losses and damages, costs and expenses (including but not limited to any fines and legal expenses), caused by its employees or other representatives or by its third parties or arising out of the Customer’s breach of any of its obligations under these terms and conditions or any of its obligations under laws in connection with its use of the Services, including the System, Software and the Fleet Services Platform.
Husqvarna AB, Husqvarna Sales Company, or any of their partners, agents or shall have no responsibility or liability towards Customer or any third party for any claims, liabilities, losses and damages, costs and expenses (including but not limited to any fines and legal expenses) arising as a result of Customer mounting a Fleet Machine Sensor to a Third Party Machine.
Without limitation as to Husqvarna AB’s or Husqvarna Sales Company's other rights hereunder, Customer shall defend, indemnify, and hold Husqvarna AB, Husqvarna Sales Company, Dealer, its affiliates, employees, agents, and customers harmless from and against all claims, liabilities, losses and damages, costs and expenses (including but not limited to any fines and legal expenses) arising out of (i) any death, personal injury, property damage or any other type of damage or injury, by whomever suffered, caused or alleged to be caused by mounting the Fleet Machine Sensor to a Third Party Machine; or (ii) the use of the Third Party Machine on which the Fleet Machine Sensor has been mounted; or (iii) any limitation in warranty covering the Third Party Machine caused or alleged to be caused by mounting the Fleet Machine Sensor to a Third Party Machine or the use thereof, or (iv) any other limitation in the Third Party Machine supplier’s, dealers and/or other representatives responsibility and/or liability for the Third Party Machine related to, caused or alleged to be caused by, mounting the Fleet Machine Sensor to the Third Party Machine or any other use of the Services.
Husqvarna Sales Company shall not be liable for any failure to perform its obligations under these terms and conditions if such failure is caused by a force majeure event such as any failure by a third party supplier of goods or services, communications outages or interruptions, accidents, strikes, labor trouble, earthquakes, flood, fire, riot, revolt, acts of war or terrorism, acts of governmental authority or the occurrence of any other event beyond the reasonable control of Husqvarna Sales Company.
The Customer is not entitled to assign, delegate or pledge any right or obligation under its subscription and these terms and conditions, either in whole or in part, against payment or free of charge, without the prior written consent of Husqvarna Sales Company.
Any notice required or permitted to be given under these terms and conditions by one of the parties to the other, shall, unless expressly stated otherwise herein, be delivered
To the Customer, by e-mail to the e-mail address or Customer contact information as registered on the Account.
To Husqvarna Sales Company, by e-mail using the e-mail address set out on the Fleet Services Platform, under “Contact us”.
These terms and conditions shall apply for as long the Customer maintains an Account. Husqvarna Sales Company and the Customer may terminate the Services at any time with three (3) months' and one (1) month, respectively, written notice to the other party which may be served by all appropriate means with confirmation of delivery.
Each of the parties is entitled to terminate the Services, or subscription(s), with immediate effect if (a) the other party commits a breach of these terms and conditions that, if capable of being cured, is not cured within ten (10) working days after the party was informed about the breach or (b) insolvency proceedings are instituted with respect to the Customer’s assets or if the institution of such proceedings has been rejected due to a lack of insolvency assets or the Customer can otherwise reasonably be considered as being insolvent (c) or winding-up proceedings take place or are pending against the Customer.
These terms and conditions shall be governed by and interpreted, and all rights and obligations of the parties shall be determined, in accordance with the substantive laws of Sweden excluding its conflicts of law rules. Any dispute, controversy or claim arising out of or in connection with the Services or these terms and conditions, or the breach, termination or invalidity thereof shall be settled by general Court of Law in Sweden.
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