TERMS OF USE OF MYTROX

1. Subject matter

1.1 The following Terms of Use and Licence Conditions govern the conditions under which the digital services provided by TROX GmbH, Heinrich-Trox-Platz, D-47504 Neukirchen-Vluyn (hereinafter "TROX") at www.trox.de (hereinafter "website") can be utilised by users.

1.2. These terms of use may be supplemented, modified or replaced in individual cases by further conditions, e.g. for the purchase of products and/or services.

1.3. By using the digital services, the user expressly agrees to the following terms of use and licence conditions.

2. Contents, services and tools

TROX gives users free access to various digital services on the website. This includes contents that can be accessed online, such as catalogues, price lists, product data sheets, illustrations and descriptions (hereinafter referred to as "contents") as well as software and website tools such as online configurators, online shop or Easy Product Finder (hereinafter referred to as "tools"). TROX provides information on the website about products and services that may not be available in certain countries.

3. Registration, user account, user roles and authorisations

3.1. Registration in the myTROX customer portal may be required to use certain contents and tools. This is free of charge. The access data must be kept secret and protected against access by third parties. Passwords must be chosen and changed in accordance with the state of the art.

3.2. Registration with myTROX is only permitted for business customers. Business customers are, for example, commercial enterprises, freelancers, self-employed professionals or public corporations. Access for private individuals is not intended. When registering, it is also mandatory to specify the company to which the user account is to be assigned.

3.3 TROX provides various user roles in myTROX. These can be assigned individually. The role is assigned automatically during registration. If a user account does not yet exist for the company, the user is automatically assigned the Administrator role. TROX does not check whether the user has the appropriate authorisations in their company. The role can be changed at any time by the customer's administrator or by TROX.

3.4 TROX reserves the right to make websites that were previously freely accessible subject to registration. TROX is entitled to revoke the access authorisation at any time by blocking the access data and

at the same time irrevocably delete all data and contents entered by the user without the need to give reasons, in particular if the user

• is no longer employed by the company specified during registration,

• has provided false information during registration,

• has violated these terms and conditions or its duty of care in handling the access data,

• has violated applicable law when accessing or using the website, or has not used the website for a longer period of time.

This does not constitute a claim for reimbursement on the part of the user.

4. Rights of Use

4.1. The contents and tools accessible via the website are subject to the intellectual property rights of TROX and are protected by copyright.

4.2. The user acquires a simple, non-exclusive, non-transferable right of use to the contents provided, which is limited to the duration of the contract. The right of use authorises access to the provided services and the accessible contents and tools. TROX makes this available exclusively for the user's own, non-commercial purposes.

TROX reserves the right to limit the use of contents and tools in terms of time, space or subject matter.

4.3 Unless required to exercise legally binding authorisations pursuant to Section 69d et seq. of the German Copyright Act (UrhG) or otherwise regulated in these Terms of Use, the user is in particular prohibited from using the contents and tools provided on the website

• to rent, lend or otherwise make available to third parties for a limited period of time (including leasing or sub-licensing), to re-translate, decompile, compile, disassemble, edit, port, translate or otherwise modify,

• to reproduce, disseminate, broadcast, distribute, publicly display or otherwise make available to third parties

• or to remove, suppress or alter any trade marks, other distinctive signs or Copyright notices contained in the contents or accompanying products.

5. Duration and cancellation, effects of termination

5.1. The contract for the provision of contents is concluded for an indefinite period.

5.2 The user authorisation ends automatically when TROX discontinues the corresponding contents and tools.

6. Warranty

6.1. The contents and tools on the website have been created with the utmost care. However, no warranty or guarantee is given for the currentness, correctness and completeness of the contents provided. TROX reserves the right to make changes or additions to the information or data provided, or to discontinue all or part of it at any time without prior notice.

6.2. TROX assumes no liability for the accessibility, technical usability and freedom from malware of the contents provided.

6.3. TROX does not provide any guarantees regarding availability, reliability, functionality or suitability for the user's purposes.

6.4 TROX and the user agree that use of the contents provided is no substitute for professional advice.

7. Liability

7.1. TROX is liable without contractual limitation in accordance with the statutory provisions for damages (i) that are based on a breach of a guarantee assumed by TROX or on the fact that TROX has fraudulently concealed a defect, (ii) arising from injury to life, limb or health, (iii) for damages other than those mentioned in the previous half-sentence (ii) which are based on an intentional or grossly negligent breach of duty by TROX or otherwise on intentional or grossly negligent behaviour by a legal representative or vicarious agent of TROX or (iv) under the German Act on Liability for Defective Products (ProdhaftG).

In cases other than those (i) - (iv) mentioned above, the following applies:

(v) TROX's liability is limited to compensation for foreseeable and contract-typical damage if the damage is due to a negligent breach of material obligations by TROX or by a legal representative or vicarious agent of TROX. Material obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the customer regularly relies and may rely; (vi) otherwise, TROX's liability for merely negligent behaviour is excluded.

8. Data Protection

Personal data is stored and processed in accordance with the TROX data protection policy.

9. General Information

9.1. The legal relationship between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The provisions of the Vienna UN Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply. If this contract cannot be attributed to the professional or commercial activity of the user (contractual partner is a consumer), this choice of law shall not affect the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence.

9.2. If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive jurisdiction shall be the legal domicile of TROX. However, TROX may sue the user at his place of general jurisdiction.

End of the Terms of Use (as of 07/2024)