Terms of Use

1. Scope; Contract

1.1. TEMOT International Autoparts GmbH, Europaring 60, 40878 Ratingen (hereinafter: "TEMOT") operates the e-learning website TEMOT TechMasters, available at https://techmasters.temot.com/ ("TechMasters"). These terms of use govern the access and use of TechMasters by Users ("ToU"). Access to TechMasters is not available to the public but limited to existing business customers and partners of TEMOT and TEMOT Cooperation Partners ("Users").

1.2. TEMOT, or cooperation partners of TEMOT ("TEMOT Cooperation Partners") on behalf of TEMOT, will facilitate the access of Users to TechMasters. This can be done in several ways, for example via Single Sign-On through another platform operated by the respective TEMOT Cooperation Partner or invitation via email.

1.3. Before the first access to TechMasters, every User will be referred to these ToU and have the opportunity to view and download a copy of these ToU. By accepting these ToU, a contract is concluded between TEMOT and the respective User for the use TechMasters.

1.4. Deviating or supplementing terms and conditions of the User shall not apply for the use of TechMasters, except where TEMOT has expressly agreed to such application.

2. TechMasters Functionalities

2.1. The main function of TechMasters is the TEMOT "Academy". This function provides a video hub for Users, which can be used as a source for e-learning in the field of servicing and maintenance of a broad variety of vehicles.

2.2. TEMOT either uploads the videos available to Users in the TechMasters Academy itself or technically implements the connection to videos hosted on other websites (e.g., through a frame). If TEMOT implements videos from the online video sharing platform YouTube, Users agree to the YouTube Terms of Service by watching the videos. In addition, TEMOT may, at its sole discretion, grant certain Users the right to upload videos on TechMasters for the purpose of showing those videos in the Academy-function (see sec. 4.3 of these ToU).

Please note: TEMOT only reviews or checks the videos provided by third parties on an individual, random basis for accuracy or completeness. For this reason, TEMOT assumes no responsibility for their content accuracy and completeness. If videos are incorrect or incomplete, TEMOT will delete the videos immediately after being requested to do so.

2.3. TechMasters is available in several language versions, which the User can choose by changing the respective settings.

2.4. TEMOT provides TechMasters free of charge. However, TEMOT reserves the right to charge a fee for using TechMasters or individual functions of TechMasters in the future.

2.5. TEMOT reserves the right to amend the functionalities of TechMasters without degrading the quality of TechMasters provided that such an amendment (i) is necessary to comply with mandatory legal requirements, (ii) merely reflects an adjustment to the respective state-of-the-art, or (iii) does not go beyond what is customary for comparable services and reasonable for the User, i.e., does not affect the reasonable expectations of the User to continue using the essential functionalities of TechMasters.

3. Right of Use; Availability

3.1. The User's right to use TechMasters and all its functionalities and content shall be nonexclusive, nonsublicensable, nontransferable, limited to the term of the usage contract governed by these ToU and limited to the non-commercial purposes described in these ToU. TEMOT does not grant any further usage rights to the User. In particular, the User shall not have the right to edit the contents, to make copies of the contents, to make the contents available to third parties or to make them publicly accessible.

3.2. TEMOT reserves the right to temporarily restrict access to TechMasters or its use in whole or in part if this is necessary due to (i) capacity limits, (ii) the security or integrity of TechMasters servers, (iii) the necessity to carry out technical measures, and (iv) other measures to provide the services properly or to improve them (e.g., maintenance). Otherwise, TEMOT warrants that TechMasters' availability complies with usual market standards.

4. Duties of Users; Grant of Rights

4.1. To access TechMasters, the User shall maintain a sufficient broadband internet connection and keep its web-browsers up to date.

4.2. The User shall not pass on its TechMasters access data (e.g., user ID and password) to third parties and shall keep such data protected from access by third parties. For security reasons, the password used to access TechMasters should be changed at regular intervals. If there is any reason to believe that unauthorized persons have obtained knowledge of the access data, the User shall inform TEMOT immediately via email and change the access data.

4.3. If TEMOT grants a User the right to upload own videos (see sec. 2.2 above), the User shall follow the upload process described on TechMasters or otherwise communicated by TEMOT. If a User uploads a video, it grants to TEMOT the non-exclusive, transferable, and sub-licensable right, free of charge and unlimited in terms of time, space, and content, to use the video for the purpose of showing it to other Users on TechMasters, in particular to store, reproduce and edit the video as necessary.

4.4. The User guarantees that it is entitled to grant TEMOT the above-mentioned rights and that the videos uploaded by the User are neither illegal nor immoral (e.g., through its content, its visual appearance or the purpose pursued). In the event of an infringement of the rights of third parties for which the User is responsible, the User shall be directly liable to such third parties. In the event of claims by third parties against TEMOT due to an infringement of the User, the User shall be obliged to indemnify TEMOT in full and at first request, unless the User proves that it is not responsible for the infringement that caused the damage.

4.5. The User shall refrain from electronic attacks of any kind on TechMasters. Electronic attacks include, in particular, attempts to overcome, circumvent or otherwise disable security mechanisms (e.g., copy protection measures or measures for checking IP addresses for geolocation), the use of computer programs for the automatic processing of data, the application and/or distribution of viruses, worms, trojans or the use of other programs or processes that may damage TechMasters. Any electronic attack leads to immediate exclusion from access and use of TechMasters and will be prosecuted under civil and criminal law.

4.6. The User shall not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of TechMasters or any part thereof (except with TEMOT's prior written consent).

5. Liability of TEMOT

5.1. TEMOT shall only be responsible for intent and gross negligence. Any other liability of TEMOT shall be excluded.

5.2. §§ 523, 524 of the German Civil Code (BGB) apply accordingly to material defects and defects of title.

5.3. Insofar as TEMOT's liability is excluded or limited, this shall also apply to the personal liability of its legal representatives, executive employees, and vicarious agents (Erfüllungsgehilfen).

6. Contract Term

6.1. The usage contract governed by these ToU is concluded for an indefinite period and may be terminated by either party at any time with two weeks' notice to the end of any calendar month.

6.2. The right to terminate the contract for good cause remains unaffected. Good cause shall exist for TEMOT inter alia if the User violated sections 3.1, 4.3, 4.4 or 4.5 of these ToU.

6.3. All termination notices must be sent to the respectively other party in text form (submission via online form suffices).

7. Data Protection

The processing of personal data when using TechMasters is carried out in accordance with the TEMOT Privacy Policy for TechMasters.

8. Miscellaneous

8.1. These ToU comprise the entire agreement between the parties concerning its subject matter. It shall supersede all prior agreements and conventions, oral and written declarations of intent and other arrangements or side agreements (whether binding or non-binding) made by the parties in respect thereof.

8.2. If any of the terms of these ToU should be or become invalid, the validity of the remaining provisions shall not be affected.

8.3. These ToU shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. All disputes arising out of or in connection with TechMasters and these ToU shall be finally settled by the courts of Ratingen.

8.4. For the purpose of fulfilling its contractual obligations and exercising its contractual rights, TEMOT may contract third parties, especially TEMOT Cooperation Partner and affiliated companies.

8.5. Amendments and additions to these ToU shall be valid only if made in writing; the electronic form (§ 126a BGB) and the text form (§ 126b BGB) are excluded. This also applies to any amendment to this written form clause.