Terms & Conditions

These terms and conditions of registration and use for Terex Lift Plan (hereinafter referred to as the “T&C”), dated 7/8/2014, apply to the usage, by the customers and users (herein after referred to as the “USER”), of the online application for preparing lift plans provided by Terex Cranes Germany GmbH, Dinglerstraße 24, 66482 Zweibrücken, Germany (herein after referred to as “Terex”), as well as to the registration of the customers and users that is required for the usage. The USER and Terex are herein after referred to individually as the “PARTY” and jointly as the “PARTIES”.

1. TEREX LIFT PLAN
1.1. Terex Lift Plan – General Description
With its online Terex Lift Plan application, Terex enables the USER to generate general lift plans for the Terex crane models that are available on the online Terex Lift Plan application. Within this context, the term “lift plan” refers to information that makes it possible to determine which loads the previously selected Terex crane model will be able to lift, turn, and lower, as well as the radiuses at which it will be able to do so.
1.2. Registration
The use of the Terex Lift Plan requires the USER to register first. The registration shall be subject to approval and confirmation by Terex. When registering, the USER shall provide truthful and accurate information as required by the registration process. This information includes, but is not limited to: first name, last name, street address, city, state, country, e-mail, telephone number, and the USER’s position in the company. After registering successfully, the USER will be able to set up their account. The user must fill out the registration application in its entirety. Registration applications with missing, incorrect, or incomplete personal information shall not give the user the right to use the Terex Lift Plan; if the user submits an unacceptable registration application as outlined in this description, Terex will not allow access to the application or will revoke access, if applicable.
1.3. Technical Requirements
In order to register for and use the Terex Lift Plan, the USER must have a working internet data connection (e.g., DSL, cable, etc.). The USER is responsible for ensuring that they have sufficiently powerful and up-to-date hardware and software, as well as safe and up-to-date antivirus protection.
1.3.1. Once the USER registers online as required and sets up a corresponding account, they will be able to select a Terex crane model and proceed to enter the specifications available on the Lift Plan interface in order to calculate a lift plan. The application will then use these specifications to generate an appropriate lift plan for the selected crane. Every lift plan can be printed out and/or saved.
1.3.2. The use of the Terex Lift Plan shall be limited to the registered USER. It is hereby expressly prohibited to disclose login data to third parties or to allow third parties to use the Terex Lift Plan. To access the Terex Lift Plan, the user will have to use the login data assigned with it together with remote data transmission.

2. TEREX LIFT PLAN RESULTS, WARRANTY, LIABILITY
2.1. Crane Data and Specifications
All crane data and specifications disclosed to the USER by Terex shall be treated confidentially by the USER and shall not be disclosed to any third parties. Furthermore, the data and specifications shall not be used for commercial purposes. The Terex Lift Plan may be used for technical purposes only. Any misuse or action contrary to public policy is hereby expressly prohibited. It is especially prohibited to technically modify, tamper with, or negatively affect the Terex Lift Plan. The USER hereby agrees to notify Terex immediately if the USER becomes aware of, is made aware of, or is suspicious of the data and specifications disclosed to them being misused. Terex reserves the right to block access to the Terex Lift Plan in case of misuse. The USER shall be liable for any misuse for which they are responsible.
2.2. Terex Lift Plan Results
All lift plan results are provided as general results only, meaning that they will only take into account the equipment that comes as standard with the Terex crane model selected by the USER and will not account for any custom configurations featured by the USER’s Terex crane model. Furthermore, all calculations are made assuming an ideal environment (solid ground, calm winds, etc.) and standard weight specifications (balanced, no one-sided loads, etc.), meaning that the results provided by the application may deviate from the actual circumstances involved. The USER shall be the sole party responsible for taking this into account. The use of the Terex Lift Plan and the corresponding lift plans shall not release users or operators from the obligation to closely follow all of the operating instructions and other warnings and the instructions for Terex cranes. The Terex Lift Plan is not suitable for preparing statistics or for other applications that require measurement data that is exact, accurate, reliable, of verified quality, and up-to-date, and that is available continuously and without interruption. Due to technical reasons, the Terex Lift Plan is not suitable for providing third parties with proof of the loads that the previously selected Terex crane model will be able to lift, turn, and lower, or of the radiuses at which it will be able to do so, in its actual environment and with regard to the actual application at hand.
2.3. Warranty/Liability
2.3.1. The use of the Terex Lift Plan and the generation of lift plan results shall in no way be construed as Terex guaranteeing, making representations or warranties for, or otherwise making any binding statements concerning the Lift Plan, the results generated with it, and whether the use of the Terex crane model planned by the USER is actually feasible under the conditions specified by the USER. The USER shall be the sole party responsible for the use of their Terex crane model.
2.3.2. Terex assumes no liability, nor makes any warranties or representations, for the results provided by the Terex Lift Plan. Terex assumes no liability for indirect or consequential damages associated with the use of the Terex Lift Plan, regardless of whether in relation to the USER or third parties. Terex assumes no liability for the availability and proper functioning of the Terex Lift Plan webpage, including any damages that may occur as a result of transmission errors, delays, or interruption; data problems or loss; viruses; or any other issues with the use of the Terex Lift Plan unless the damages are the result of intent or gross negligence on behalf of Terex. This notwithstanding, maintenance, problems with the USER’s access requirements, and force majeure events, such as power outages, may result in the Terex Lift Plan not being available. Liability for damages in case of death or bodily injury resulting from intent or gross negligence on behalf of Terex shall remain unaffected by the aforementioned provisions.

3. RIGHTS OF USE/CHANGES TO THE TEREX LIFT PLAN
3.1. Rights of Use
3.1.1. As part of the registration process for and the use of the Terex Lift Plan, and in accordance with these T&C, the USER is being granted the non-exclusive and non-transferrable right to use the Terex Lift Plan through the Terex Lift Plan interface. This right of use is limited to the duration of the agreement between Terex and the USER. Furthermore, it is limited in accordance with the agreement’s provisions.
3.1.2. The agreement between the USER and Terex shall not give rise to the transfer of software or to the granting of more extensive rights of use (this includes saved Terex Lift Plan results). After the agreement between the USER and Terex is terminated, the USER shall no longer have the right to access their account, the Terex Lift Plan, or any saved Terex Lift Plan results. No copyrights or trademark rights to the software or to the tools being used are being granted or assigned.
3.2. Terex Lift Plan Changes and Discontinuation
3.2.1. The Terex Lift Plan is being provided by Terex on a voluntary basis. Terex may temporarily or permanently expand the scope of use for the Terex Lift Plan or, after notifying the USER within a reasonable amount of time in advance, limit or discontinue the use of the Terex Lift Plan. The USER shall not be entitled to claim any compensation in such cases.
3.2.2. In particular, Terex shall be entitled at any time to change these T&C, introduce any other terms and conditions, and make technical changes to the Terex Lift Plan, including adding or removing individual functions and features. Terex will inform the USER of important changes and of changes to these T&C.
3.2.3. Terex may interrupt the use of Terex Lift Plan at any time for maintenance and updates.

4. DURATION
4.1. Effective Date
The agreement between Terex and the USER shall come into effect once the USER’s registration and USER account setup processes are complete (confirmed), of which Terex will notify the USER separately. The USER will be sent their login information in a confirmation e-mail.
4.2. Termination
4.2.1. This agreement may be terminated by either one of the PARTIES with one month’s notice starting from the end of the corresponding month.
4.2.2. The PARTIES shall be entitled to terminate their contractual relationship for good cause without previous notice.
4.2.3. Any termination shall be in writing without fail.

5. DATA PRIVACY
While the agreement defined by these terms of use is in effect, Terex will electronically store USER data, i.e., crane data, and any personal registration data, in compliance with the General Data Protection Regulations (“GDPR”). Data will only be collected, processed, and used within the context of registration for and use of the Terex Lift Plan. If, however, Terex needs to collect, process, or use the USER’s personal data or the personal data of the latter’s employees as an exception, Terex will obtain consent separately and, in the case of commissioned data processing, the PARTIES will enter into a legally valid agreement regarding commissioned data processing. The user hereby acknowledges and agrees to their crane data being collected and used by Terex in an anonymized format. Terex shall be entitled, in particular, to use this data to prepare (regional) comparisons and statistics and release them to the public through outlets such as television, the Internet, the press, radio, promotional materials, product descriptions, or in any other way it sees fit.