The service tool Husqvarna Fleet Services ("Services”) is a software service provided by Husqvarna Poland sp. z o.o., registered with the Commercial Register at the Local Court of Warsaw under the Company Registration No. 0000247636 a corporation organized and existing under the laws of Finland having its principle office at Burakowska 14, 01-066 Warsaw, Poland. ("Husqvarna Sales Company”). When the Customer registers its user information or downloads, accesses, installs or otherwise uses the Services, the Customer agrees to be bound by these terms and conditions, including the Data Processing Agreement set out in Schedule 1 (together the “Terms”).
The Services are intended to help the Customer increase productivity by providing an overview of the Customer’s fleet of Assets. The Services are provided by way of Fleet Asset Sensors (embedded in the Asset and/or subsequently installed) and other Sensors that collect a variety of Asset Data.
The Services consist of access to and use of functions made available on the Fleet Services Platform. The Services provide the Platform Users access to the Fleet Services Platform and the ability to monitor Asset Data. Data is uploaded to a managed website and dedicated applications that provide various Asset statistics and other related services. Available Service content depends on Asset. Some services or functionality in the Services are not available for Third Party Assets.
The Services also provide the Platform User the ability to, to a certain extent, manage and control Husqvarna Assets through the Fleet Services Platform. This is only applicable to some Assets. For information about applicable Husqvarna Assets, contact the Husqvarna Sales Company.
The Services have been designed and are intended for use by companies and other professional users and have therefore not been adapted for use by consumers and non-professionals. Husqvarna Sales Company or any company within the Husqvarna Group, may under separate terms, in its sole discretion, from time to time, against fees or free of charge, provide alternatives to the Services for use inter alia by consumers; please visit Husqvarna Sales Company’s webpage for information on available consumer services.
For the avoidance of doubt, these Terms do not regulate the sale of Assets and Hardware, which instead is regulated by a separate sales contract.
The following expressions shall, when used in these Terms and on the Fleet Services Platform, have the meaning assigned to them in this Section 2:
Means a user account, including log-in credentials, enabling the Customer to access the Fleet Services Platform and other Husqvarna systems.
Means a Husqvarna Asset and/or a Third Party Asset as applicable.
Means certain data attributable to the Asset, including but not limited to, data relating to how and when the Asset has been used, position data, status, event, event log, sensor data, service history, engine rpm and clutch engagement.
Means the customer company that validly operates the Assets in its business and for which the Account has been created.
Means what is stipulated in Section 7.
Means what is stipulated in Section 7.
Means an independent company (not part of the Husqvarna Group) which is a Husqvarna authorized dealer.
Means a Sensor mounted on an Asset.
Means the web portal found at fleetservices.husqvarna.com and dedicated apps for Android and iOS smartphones and tablets.
Means all hardware equipment required for data collection, monitoring and management in connection with the Services, including but not limited to, Sensors, base stations and the necessary computer and telecommunications equipment to access the Internet.
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.
Means Husqvarna equipment including, but not limited to, handheld, walk-behind, robotic lawn mowers, ride-on, or construction equipment 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 Husqvarna Asset models available for the Services are listed on the Fleet Services Platform at www.husqvarna.com.
Means the local Husqvarna sales company providing the Services to the Customer and is further defined in Section 1.
Means an individual who has been authorized by the Customer to use the Services and the Fleet Services Platform, or part thereof.
Means the Fleet Asset Sensors and the sensors built into the Husqvarna Assets and the base station, enabling data tracking and wireless transmission of data.
Means Husqvarna Fleet Services, as described in Section 1, as subscribed to by the Customer.
Means the software provided with or embedded in the Sensor and the software contained in or underlying the Fleet Services Platform.
Means the Software and Hardware required for data collection, monitoring and management in connection with Husqvarna Fleet Services.
Means third-party equipment, including but not limited to, handheld, walk-behind, ride-on or other utility machines owned, leased or otherwise validly operated by the Customer as part of its fleet that is not a Husqvarna Asset, in relation to which the Customer will use the Services.
Means the terms as specified in Section 1.
In order to use the Services the Customer must:
During the onboarding process, a welcome e-mail to the Fleet Services Platform will be generated and sent to the Customer. The Customer’s first step will be to create and/or confirm an Account and may then continue to login to the Account on the Fleet Services Platform only after having accepted these Terms, as presented to the Customer on the Fleet Services Platform.
The Services will be administered by the Customer via a set of self-service modules in the Fleet Services Platform, such as adding Assets and inviting and managing Platform Users.
User names and passwords are personal and must be handled with care by the Customer and the Platform Users. The Customer understands that the Customer is responsible for maintaining the confidentiality of user names and passwords and for any use of the Service through the Customer’s and the Platform User’s Accounts. If the Customer becomes aware of, or suspect, any unauthorized use of username or password or breach of security, the Customer shall immediately notify Husqvarna Sales Company, comply with any instructions from Husqvarna Sales Company and take such other reasonable actions to stop or restrict unauthorized use and the effects thereof.
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 applicable law.
The 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 content 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 or Data in the Fleet Services Platform or create a database in electronic form or manually by downloading and storing any such content. For the avoidance of doubt, this shall not apply to Customer Data and Asset Data.
Husqvarna Sales Company may modify the Services, or the provisions of these Terms at any time. Any change to the Services (other than minor changes) or these Terms shall be notified to the Customer in accordance with Section 15 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. 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.
The Services will result in the automatic gathering of Asset Data.
Husqvarna AB, or another entity within the Husqvarna Group or a third party, is the owner of all information and data which is stored, created, transmitted or processed within the Service and System that is not Customer Data (“Data”).
Data inserted into the Service by the Customer in connection with its use of the Service (“Customer Data”) and Asset Data is owned by the Customer. If a Dealer inserts information into the Services on behalf of the Customer in accordance with Section 8, such data shall be considered to be Customer Data. The Customer is fully responsible and liable for Customer Data and shall ensure that such data is accurate and complies with all applicable legislation and any instructions issued by Husqvarna Sales Company from time to time.
During the term of this agreement in accordance with Section 16 below, the Customer has a limited right to read and view the Data in the Service to which Husqvarna Sales Company has permitted access to the Customer. The Customer is only entitled to use the Service and the Data for the purpose specified in Section 1 above.
Husqvarna Sales Company and Husqvarna AB shall be entitled to freely disclose Customer Data and Asset Data to all companies within the Husqvarna Group. Companies within the Husqvarna Group, including but not limited to Husqvarna Sales Company and Husqvarna AB, shall have an unlimited right to read, view, access, process, modify, utilize and aggregate Customer Data and Asset Data. Companies within the Husqvarna Group are entitled to disclose and transfer data, including but not limited to Customer Data and Asset Data, to a third party and give such third party necessary rights in order for Husqvarna Sales Company to provide the Service to the Customer.
Companies within the Husqvarna Group shall be entitled to disclose any anonymized Customer Data and Asset Data to third parties and publicly. The companies within the Husqvarna Group’s right to access, process, utilize and publish the anonymized Customer Data and Asset Data may not be revoked or terminated and will survive the termination of all subscriptions.
Companies within the Husqvarna Group are entitled to otherwise disclose Customer Data and Asset Data to third parties provided that the Customer has given its consent.
The Customer may entitle one or more Dealers access to all information in the Customer’s Account by notifying Husqvarna Sales Company of its consent in the Fleet Services Platform. The Customer can choose between two (2) levels of Dealer access; either a right for the Dealer to i) view the information in the Customer’s Account; or ii) view and modify the information in the Customer’s Account as further detailed in this Section 8.
Provided that the Customer has given its consent to grant a Dealer access, Husqvarna Sales Company and Husqvarna AB are entitled to disclose Customer Data and Asset Data to such Dealer.
The Customer gives Husqvarna Sales Company and Husqvarna AB the right to disclose whole or part of the information in the Customer’s Account, including, but not limited to, Customer Data and Asset Data, to the Dealer, and to give the Dealer (depending on the level of Dealer access) a right to read, view, access, process, modify, add and remove information therein including, but not limited to, Customer Data and Asset Data.
Husqvarna Sales Company or Husqvarna AB will provide the Dealer with a separate Dealer account from which the Dealer can access and modify the information in the Customer’s Account. The Customer shall not share any of its Account credentials with the Dealer.
Any services provided by the Dealer to the Customer using the Services and how the Dealer is entitled to use and modify the information in the Customer’s Account must be separately agreed upon between the Customer and the Dealer.
The Customer can at any time withdraw its consent to Dealer access in the Fleet Services Platform. The withdrawal will have effect within two (2) working days.
As part of providing the Services, the Husqvarna Sales Company will process personal data on behalf of the Customer, as further set out in the Data Processing Agreement attached as Schedule 1.
In addition, Husqvarna AB and the Husqvarna Sales Company will process the personal data of the Customer’s users to manage its customer relationship and administer access to the Services. When doing so, the Husqvarna Sales Company will process the personal data in accordance with its Privacy Notice.
When the Customer allows access to a Dealer in accordance with Section 8, the Dealer will process personal data on behalf of the Customer. Such processing is not in scope of these Terms.
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.
To the extent not expressly stated otherwise in these Terms, 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 “as-is”, 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 any 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 Data, Customer Data or Asset 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 neither Husqvarna AB nor Husqvarna Sales Company will have any 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 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 Sales Company. 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 mandatory 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 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 affiliates 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 Asset Sensor to a Third Party Asset.
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, 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 Asset Sensor to a Third Party Asset; or (ii) the use of the Third Party Asset on which the Fleet Asset Sensor has been mounted; or (iii) any limitation in warranty covering the Third Party Asset caused or alleged to be caused by mounting the Fleet Asset Sensor to a Third Party Asset or the use thereof, or (iv) any other limitation in the Third Party Asset supplier’s, dealers and/or other representatives responsibility and/or liability for the Third Party Asset related to, caused or alleged to be caused by, mounting the Fleet Asset Sensor to the Third Party Asset or any other use of the Services.
Husqvarna Sales Company shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by a force majeure event. Force majeure means an event that is beyond Husqvarna Sales Company’s reasonable control, affecting Husqvarna Sales Company or its suppliers, including but not limited to, strike, lock-out or other industrial/labor dispute, mobilization, requisition, war (whether declared or not), riot, civil commotion, terrorist act, malicious damage, epidemic, pandemic, quarantine, fire, flood, storm, earthquakes, natural disaster, ionizing radiation or other nuclear damage, shortage of transport or fuel, general shortage of materials or labor, restrictions in the use of power, IT-system disruption caused by malicious code or otherwise or compliance with any law or governmental order, rule, regulation or direction, whether or not it is later held to be invalid.
The Customer is not entitled to assign, delegate or pledge any right or obligation under its subscription and these Terms, 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 by one of the parties to the other, shall, unless expressly stated otherwise herein, be delivered
These Terms shall apply for as long as 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 with immediate effect if (a) the other party commits a breach of these Terms 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 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, or the breach, termination or invalidity thereof shall be settled by general Court of Law in Sweden.