As of: 28/11/2022

1 General Terms and Conditions, Registration

1.1 MyFestool is an online service from Festool GmbH and Festool UK Ltd, TTS Tooltechnic Systems Ireland Ltd (hereinafter "Festool"), which offers you various services. Festool makes this offer available to you free of charge.

1.2 When you register with MyFestool, you will open an account under which you will receive current product information and be able to use the applications provided by Festool. By registering to MyFestool, you are agreeing to these Terms of Use and take note of the Privacy Policy (available at www.festool.co.uk/legal-information/data-protection). In the event that these provisions are breached, we are entitled to delete your MyFestool account immediately and without issuing any further warning. The same shall apply if any of your activities are likely to impair the functionality of the Festool websites or the Festool infrastructure.

1.3 For the registration, we need your first and last name, your email address as well as a password chosen by you. We need the information whether you use the account commercially (with company name) or privately. When you use additional services within MyFestool, additional personal data (e.g. postal address) are necessary. For further information, please refer to section 4.

1.4 When registering, you must set an individual password. The following principles apply:

a) Use a total of 8 characters. You have to use upper and lower case letters, numbers and special characters.

b) Keep your password safe and inaccessible to third parties. Do not give your password to any third party.

1.5 Registration with MyFestool and opening a user account is free of charge. Payment obligations can arise from the use of individual Services, e.g. ordering a repair. You accept the associated payment obligation by clicking on the confirmation box provided for this.

1.6 You can delete your user account at any time and without giving reasons. To do so, please log into your MyFestool account and in the "My profile" section click on the link delete "MyFestool account".

1.7 Festool reserves the right to partially or wholly supplement, amend, or delete these Terms of Use and/or individual Services under MyFestool without giving reasons, or without prior information to the user.

2 Services via MyFestool

2.1 The option to use the services offered on MyFestool does not constitute an offer by Festool, but rather only an invitation to submit an offer. By clicking on the respective confirmation box, you submit an offer to use the respective service. It is only by express acceptance from Festool or the provision of corresponding services that Festool accepts the offer, and it is only through this acceptance that a contract between the user and Festool (or a company associated with Festool) comes into being.

2.2 Applications that Festool currently offers:

a) Tool Management

• Tool registration for the Warranty all-inclusive incl. invoice upload
• Add tools without warranty
• Delete tools
• Transfer tools without and including warranty
  Tools can be transferred from one account to another specifying the part number, serial number and the warranty certificate. The MyFestool account holder, to which the tools were registered to this point, is informed by e-mail about the warranty transfer and has the option to object to this transfer within 30 days. If there are also products without a warranty claim in your MyFestool account, they are also transferred to the new MyFestool account. If you decide to transfer the entire inventory to another account, products without a warranty claim are also added to the other account.
• Order placement for repairs and overview (not available in all countries)
• Theft processing (only available in Korea)
• Tool overview

b) Invitation management (only available for corporate accounts)

• For invitation management, it is possible to invite other people from the same company to MyFestool, provided that they do not already have a MyFestool account. This means that multiple people can view the tools stored for the company and can use the corresponding services. You should therefore ensure that you add only company tools in the overview. If and to the extent that you also use Festool tools privately, we recommend that you create a private MyFestool account. Also note that you can be removed from the corporate context at any time by any person associated with your company. This also means that your MyFestool account is deleted. You can of course re-register at any time.

c) Registration to receive advertising

d) Participation in competitions

e) Participation in events

3 Responsibility for contents/data and/or information of the users, availability

3.1 You are obliged

a) to only give information that is truthful and not misleading, and not to use pseudonyms or stage names;

b) to observe the applicable law and the rights of third parties in using MyFestool and the content on MyFestool. You are especially prohibited from using the website or its contents for illegal, pornographic, obscene, defamatory, or rights-infringing purposes;

c) to ensure adequate security equipment and virus scanner before downloading material provided by Festool for your own protection and to prevent viruses on the Festool website.

3.2 Festool accepts no responsibility for the data you have provided.

3.3 You recognise that is it not technically possible to achieve 100% availability of the website; Festool does, however, endeavor to keep the website constantly available as far as possible. There can, however, be disruptions due to maintenance, security, or capacity issues.

3.4 Festool has unlimited liability for damage resulting from the breach of a guarantee or from injury to life, limb or health. The liability for the freedom from material and legal defects for the materials provided by Festool, especially for their faultlessness, accuracy, freedom from property rights and copyrights of third parties, completeness and/or usability is excluded. This does not apply insofar as the defectiveness is based on intent, gross negligence, or fraud. Compensation claims from the user, regardless of the legal reason, are excluded, especially from breach of contract. This does not apply in the event of intent, gross negligence, the absence of guaranteed properties, and under the German Product Liability Act (ProdHaftG). Liability for consequential losses is excluded between the Parties.

4 Data protection

4.1 The personal data which we have received with the registration for MyFestool are stored, processed and used exclusively for the use of the offered Services, unless you have agreed to other purposes.

a) Registration: During the registration process, we store and process your email address and other mandatory data. The legal basis for this is Art. 6 para. 1 lit. b) GDPR.

b) Advertising: In order to send you information material, we need your email address and/or postal address as well as any other personal data (e.g. first and last name). The legal basis for this is Art. 6 para. 1 lit. a) GDPR.

c) Repair: In order to process the repair order, it is necessary that you provide us with your first and last name, your e-mail address and your postal address. The legal basis for processing this data is Art. 6 para. 1 lit. b) GDPR.

d) Tool registration: In order to claim the all-inclusive warranty for your machines, it is necessary that you provide us with your first and last name, your postal address and your email address. The legal basis for this is Art. 6 para. 1 lit. b) GDPR.

e) Competitions: In order to process competitions, it is necessary that you provide us with the personal data mentioned there, e.g. first and last name, postal address. The legal basis for this is Art. 6 para. 1 lit. a) GDPR.

f) Participation in events: In order to process planned events, we process the personal data required in each case, e.g. first and last name, e-mail address. The legal basis for this is Art. 6 para. 1 lit. b) GDPR.

4.2 If you provide us with information by using a service that has not yet been saved in your profile, this information will automatically be transferred to your profile and will be used for other services in the future.

4.3 Your personal data will be stored until revoked or deleted with the deletion of your MyFestool account.

4.4 All data is used and processed by Festool. Your personal data will not be transferred to third parties unless this is necessary for the purpose of carrying out the respective service. In addition, data may be passed on to TTS Tooltechnic Systems AG & Co. KG. The legal basis for this is our corporate interest, Art. 6 para 1. lit. f) GDPR. Further information on data protection at Festool can be found in our Privacy Policy: www.festool.co.uk/legal-information/data-protection.

5 Final provisions

5.1 In order to update your customer data, Festool requests that you make a prompt change in your free MyFestool account at www.festool.co.uk/myfestool. Festool cannot accept additional costs incurred due to out-of-date customer data.

5.2 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

5.3 The exclusive place of jurisdiction for all disputes from or in connection with a MyFestool account is Festool GmbH’s registered office.

5.4 Should a provision of these Conditions be or become partially or wholly invalid or unenforceable, or should there be a loophole in these conditions, this shall not affect the validity of the remaining provisions. In the place of the invalid or unenforceable provision, a valid or unenforceable provision is deemed agreed which comes as close as possible to the purpose of the invalid or unenforceable provision. In the event of a loophole, a provision is deemed agreed which corresponds to what would have been agreed according to the purpose of these Conditions.