General Terms and Conditions

Agricultural Industry Electronics Foundation “AEF e.V.”

General Terms and Conditions

The AEF ISOBUS Database is a web-based application providing access to information on ISOBUS compatibility of machines, implements, terminals, and other components that have been certified in accordance with the AEF Conformance Test by an independent test laboratory, such test being performed by the laboratory on the basis of information provided by the manufacturers.

Please read this document carefully. It contains the terms and conditions that apply to the AEF ISOBUS Database and any use you may make of it. We advise you to print this document or save it locally.

1. Definitions

   1. Account: The User’s personal information and settings for the AEF ISOBUS Database including the type of Account (as for the different types of Accounts see Article 2.), stored in the technical 'back end' of the AEF ISOBUS Database and accessible and changeable to a certain extent by the User through the 'front end' interface.

   2. Admin User: The natural person representing the User vis-a-vis AEF or, depending on the type of Account, being the User.

   3. AEF: Agricultural Industry Electronics Foundation e.V., having its registered office at Lyoner Strasse 18, 60528 Frankfurt/ Main, Germany.

   4. AEF Conformance Test: A test assessing the conformance of an electrical interface like the CAN BUS with the ISO 11783 standard and the AEF ISOBUS Functionality Guidelines

   5. ISOBUS Conformance Test Tool: A software tool enabling the performance of the AEF Conformance Test.

   6. AEF ISOBUS Functionality Guidelines: Guidelines containing a common interpretation of ISO 11783 adopted by AEF.

   7. Agreement: An agreement concluded between AEF and the User concerning the use of the AEF ISOBUS Database.

   8. End User: Any natural person using the AEF ISOBUS Database.

   9. AEF ISOBUS Database: The web-based application that is accessible via the Website or by use of the AEF ISOBUS Database mobile application providing access to information on ISOBUS compatibility of certain machines, implements, terminals and other components.

   10. Login Details: The details, such as e-mail address and password, which must be entered to gain access to the AEF ISOBUS Database.

   11. Party/ies: As the case may be, AEF and/or the User.

   12. User: AEF’s contractual partner to the Agreement, either
       a) an agricultural technology manufacturer,
       b) an agricultural machinery dealer, or
       c) a farmer or contractor.

   13. Website: www.aef-isobus-database.org

2. Scope of application

   1. These general terms and conditions at all times govern the use of the AEF ISOBUS Database and form an integral part of the Agreement.

   2. Any terms and conditions deviating from or supplementary to these general terms and conditions proposed by the User shall not apply, unless specifically approved in writing by AEF.

3. Registration

   1. The User submits an offer to enter into an Agreement, by filling out and submitting the relevant electronic registration form.

   2. The registration is complete, and the Agreement is concluded when the User receives an electronic verification notice from AEF.

4. Accounts

   1. There are different types of Accounts, with different features and settings, for different types of Users, namely Accounts for
      a) agricultural technology manufacturers,
      b) agricultural machinery dealers, and
      c) farmers and contractors, such different Accounts varying, inter alia, in regard of remuneration to be paid by the User and scope of functionalities.

5. Technical requirements, authorized access

   1. The User is responsible for its own technical equipment to use and access the AEF ISOBUS Database. The AEF ISOBUS Database can be accessed by using a current and regular Internet browser or by use of the AEF ISOBUS Database mobile application, while certain software applications that can be downloaded via the AEF ISOBUS Database and installed on the User's devices (Article 6.), may have specific (compatibility) requirements (such as operating system, etc).

   2. Access ('log in') to the AEF ISOBUS Database and the Accounts will be gained after submitting the Login Details in the appropriate fields on the Website or the AEF ISOBUS Database mobile application.

   3. Each End User must choose a sufficiently long and complex ('strong') password and the User shall make sure that such password shall be kept confidential, in order to prevent unauthorized access to their Accounts. AEF may set specific requirements for the password strength.

   4. End Users may change their password at any time by using the available option while being logged in.

   5. AEF may assume that anybody logging onto the AEF ISOBUS Database using valid Login Details actually is an authorized End User. After access has been obtained to the AEF ISOBUS Database through an End User’s Login Details, the User bears the full responsibility and risk for all subsequent activities undertaken in the AEF ISOBUS Database (including the Account).

   6. In the event of any misuse or suspicion of misuse of the Login details, the User must notify AEF immediately at support@aef-online.org , so that AEF can take action.

   7. If AEF comes to know that Login Details have been divulged to unauthorized third parties, AEF will notify the respective User and take suitable action.

6. Buying products and services through the AEF ISOBUS Database

   1. It may be possible to buy certain products and services within or through use of the AEF ISOBUS Database, including e.g. the membership of AEF in general. Any purchases through the AEF ISOBUS Database may only be made in a professional capacity and not as a consumer. Additional terms of use may apply to such products and services.

   2. AEF uses reputable third-party payment providers for the processing of payments for such purchases. Each User acknowledges that AEF does not have any significant form of control over the performance of such payment providers in specific cases and agrees that AEF cannot be held liable for any problems or faults in the processing of payments caused by the payment provider.

   3. In the event that payment by means of an invoice has been agreed, the User acknowledges and agrees that the invoice may be issued electronically.

   4. Unless the invoice specifies otherwise, the payment term of invoices issued by AEF shall be fourteen (14) days from the date of invoice. If the invoice is not paid before the expiration of the payment term, the User shall be in default by operation of law, without any notice of default being necessary.

   5. Unless explicitly stated otherwise, prices are indicated excluding VAT and other applicable charges.

   6. Any purchase and use of the ISOBUS Conformance Test Tool shall be governed by the terms of the AEF Conformance Test Tool End User License Agreement (EULA) which is available on the AEF ISOBUS Database.

   7. When AEF agrees to conclude with the User an agreement with AEF pertaining to the use of any specific product or service offered via the AEF ISOBUS Database, AEF will send an automatic confirmation notice by email.

   8. The confirmation notice also contains the contents of the respective agreement, as stored and/or archived by AEF, and a link to the applicable general terms and conditions, which the User has accepted during the registration process.

   9. AEF may, from time to time and at AEF´s sole discretion, offer download services or other. In any such case and unless explicitly stated otherwise by AEF, such service shall be provided by AEF without AEF being responsible or otherwise liable for any content or other object of the service including any use User may intend to make or makes of the service, even if the User has advised AEF of such use. This applies, in particular and as a general rule, to any download service provided by AEF free of charge. AEF herewith expressively disclaims any responsibility of liability unless in case of AEF acting in willful misconduct or bad faith

7. Duration

   1. The Agreement is valid from the moment the registration has been completed and confirmed and remains in force indefinitely unless stipulated otherwise. Admin Users can terminate an Account through the settings on the AEF ISOBUS Database or by writing an e-mail to office@aef-online.org .

   2. When an Account is terminated, this means that it will be deleted from the active servers which run the AEF ISOBUS Database. The Account, or certain data relating to the Account, may still exist on backups stored at the data center or off-site. The AEF will never upon request of a User restore an Account from such backups after the Account has been terminated. Instead the User will have to register a new Account.

8. Compliance

   1. The User may not use the AEF ISOBUS Database in order to break the law or violate anyone’s legal rights. The User shall ensure that any End User using the data base on his behalf complies with these general terms and conditions and any terms that may apply additionally.

9. Help desk and support tickets

   1. Admin Users can report disruptions and ask questions in the manner indicated on the AEF ISOBUS Database. AEF will make every reasonable effort to respond to such questions properly and within a reasonable term.

10. Updates

    1. AEF is entitled to modify the AEF ISOBUS Database for the purposes of making improvements to the functionalities and correcting errors. This may be done without prior notice to the User. Because the AEF ISOBUS Database is offered to multiple Users, it is not possible to omit a modification for a single User. AEF is not liable for compensation for any loss incurred as a result of the modification of the AEF ISOBUS Database unless such loss was caused grossly negligently or intentionally by AEF.

11. Availability and maintenance

    1. AEF strives to provide uninterrupted and optimal availability of the AEF ISOBUS Database, but does not offer any guarantees thereof, unless otherwise agreed by means of a Service Level Agreement concluded to that effect.

    2. AEF reserves the right to deactivate the AEF ISOBUS Database temporarily for maintenance, modification or improvement. AEF will attempt to ensure that temporary deactivation of AEF ISOBUS Database causes as little hindrance as possible to the Users.

    3. Under no circumstances will AEF be liable to pay any compensation for damage sustained by the User due to the AEF ISOBUS Database, or any part thereof, being temporarily unavailable unless such damage was caused grossly negligently or intentionally by AEF.

12. Blocking of access

    1. If the User is in default of payment of its AEF membership fees, if applicable, or does not meet any other payment obligations incurring in connection with the AEF ISOBUS Database or the products offered via the AEF ISOBUS Database AEF shall be entitled to block the User’s access to the AEF ISOBUS Database and to deactivate all Accounts associated with the User.

13. Backup and security

    1. Backups are made of all the AEF ISOBUS Database regularly, including all Accounts. The execution time of the backup is determined by AEF.

    2. AEF has implemented appropriate technical and organizational security measures to prevent loss and unauthorized processing of your sensitive (personal) information. As an example, AEF uses SSL certificates to securely transmit data and communications on the Database. Passwords which form a part of the Login Details are stored in hashed form only.

14. Personal details

    1. AEF processes personal details solely in accordance with the Privacy Statement, which can be found on AEF ISOBUS Database – Imprint.

15. WARRANTIES

    1. To the extent that AEF provides the AEF ISOBUS Database for free, AEF does not provide any warranty with regard to the use of the Database. In particular AEF does not warrant that the AEF ISOBUS Database will meet the User’s requirements and will be uninterruptedly available and error-free.

    2. To the extent that certain products and services offered for sale within the AEF ISOBUS Database are paid for by the User, the User shall be entitled to the statutory warranty claims in case of defects of those products and services.

16. LIMITATION OF LIABILITY

    1. AEF shall not be liable except for damages which are caused grossly negligently or intentionally by AEF, its legal representatives or vicarious agents or which are based on a culpable breach of an essential contractual duty. Essential contractual duties are such obligations which must be fulfilled so as to enable the proper execution of the Agreement, and the adherence to which the contractual partner relies on and may reasonably rely on. If the breach of essential contractual duties is due to slight negligence AEF’s liability shall be limited to the foreseeable damage typically occurring in connection with this kind of contract.

    2. The User acknowledges that the information made accessible through the use of the AEF ISOBUS Database depends on information provided by the manufacturers of machines, implements, terminals, and other components. In more detail, the AEF Conformance Test is run by independent laboratories on the basis of information provided by such manufacturers and neither the laboratories nor AEF have any means to verify the accuracy and completeness of that information. As a consequence, the test results depend on and reflect information as provided by the manufacturers. To that extent, AEF does not warrant with regard to the accuracy of the information made available through the use of the AEF ISOBUS Database.

17. The liability for damages due to culpable injury to life, body or health and the mandatory liability under the Product Liability Act remain unaffected. Indemnification

    1. The User indemnifies AEF against, and holds AEF harmless from, any and all claims brought by third parties due to an unlawful act by the User while using any of AEF's products or services, including the AEF ISOBUS Database unless the User acted neither intentionally nor negligently.

18. Force Majeure

    1. AEF will not be obliged to comply with any obligation towards the User if it is prevented from doing so as a result of a circumstance beyond its reasonable control (“a Force Majeure Event”) including but not limited to disruption in the telecommunications infrastructure or the internet which are not attributable to the AEF.

    2. In a Force Majeure Event the performance of the Agreement may be suspended without that leading to any obligation to pay compensation.

    3. If a Force Majeure Event prevents compliance for longer than two months, either Party will be entitled to terminate the Agreement immediately without obligation to pay compensation.

19. Intellectual property rights

    1. AEF (or its licensors) retain all legal right, title and interest in and to the AEF ISOBUS Database and its contents. This includes any intellectual property right subsisting in the AEF ISOBUS Database and any part thereof. The User acknowledges these rights and declares to respect them at all times.

    2. The Agreement grants the User a personal, worldwide, non-assignable and non-exclusive right to use the AEF ISOBUS Database and distribute Login Details to its End Users, i.e. solely within its organization. Unless otherwise agreed by means of a separate agreement, “use” shall not mean to sell, trade or resell.

    3. Any software products made available via the AEF ISOBUS Database as downloadable files to be installed and run on the User's equipment, are subject to separate end user license agreements (EULAs).

20. Amendments to these general terms and conditions

    1. AEF reserves the right to make amendments to these general terms and conditions if required due to any alteration of legislation or jurisdiction or due to operational changes. Amendments to these general terms and conditions will be notified to the Users at least 30 days before the amendment will take effect. If the User does not agree to the amendments the User may terminate the Agreement before the effective date.

    2. The most current version of these general terms and conditions can be reviewed by clicking on the "general terms and conditions" hypertext link located at the bottom of the Website.

21. Final provisions

    1. The Agreement shall be governed by the laws of Germany.

    2. The court in the district of AEF's registered office shall have exclusive jurisdiction to settle disputes relating to the Agreement which cannot be settled amicably

    3. Changes in management or legal form will not affect the Agreement.

    4. Partial nullity: in the event that one or more of the provisions of this Agreement and/or these general terms and conditions should be nullified, the remaining provisions of this Agreement and/or the general terms and conditions shall remain in full force. Instead of the invalid provisions the statutory provisions shall apply.

    5. If AEF does not exercise or enforce a legal right or remedy which is available to AEF under the Agreement and applicable law, this will not constitute a formal waiver and AEF will still be entitled to such rights or remedies.

    6. The article headings in this document are intended to improve readability and do not strictly limit the meaning of the provisions contained thereunder.