Terms of use

Terms of Use for mtu Go

Last amended: June 28th, 2021

Rolls-Royce Solutions GmbH, Maybachplatz 1, 88045 Friedrichshafen, Germany (hereinafter “RRS”, “we” or “us”), provides and operates the Application “mtu Go” which offer, but not limited to, the functionalities to manage engine fleets, equipment live-data, service and maintenance information. The application “mtu Go” can be accessed using a Webbrowser or an App for mobile devices that is distributed through respective App distribution services for mobile devices (such as App Store). The Software “mtu Go” is connected to a cloud platform in the Background that allows the connection to RRS internal Systems (e.g. ERP). The application is under continuous development and improvement; therefore, these terms of use also apply to additional modules even if not mentioned explicitly in this introduction. Unless states otherwise the wording of Application always includes “mtu Go” with all included Modules. The following Terms of Use shall apply to the use of the Services by its Users.

1. Access to the Platform
   1. The Platform is web-based and can be accessed via mtu-go.com. The Platform requires the latest version of a common Internet Browser, e.g. Edge, Safari, Google Chrome or Mozilla Firefox as well as a proper Internet access. The functionality of the Platform might be limited in case of any thirdparty updates to the web browsers.
   2. In addition, Rolls-Royce Solutions GmbH might decide to maintain the Platform only for certain types of web browser or versions of web browsers.
2. Downloading and installation of the App
   1. The App is made available free of charge via third party platforms, such as the Apple App Store, Google Play or the company managed platforms such as Apps@Work. These platforms are independently operated by third parties and a download requires a prior registration at the platform. The contractual relationship between the platform operators and the Users is solely governed by the platform operators’ terms and conditions (if applicable).
   2. The installation of the App “mtu Go” requires a mobile device with an up-to-date operation system as well as an Internet connection.
   3. Rolls-Royce Solutions GmbH might, without being obliged to do so, publish an updated version of the App from time to time. The User must ensure the use of the latest version of the App at any time. Older versions might not work properly.
3. Registration to mtu Go
   1. Before using the Services, the User must register and create an account. The User must provide personal information and his personal role. Furthermore, the User may have to provide details about his company. The User will be asked to accept these Terms of Use which is mandatory to complete the registration process.
   2. For a successful registration and providing the corresponding functionalities, the User must provide the mandatory information: Full name, Company name, Email, Phone Number
   3. The User must give all information required within the registration process in full and accurate form. In case the information changes after the registration the User shall immediately inform RRS.
   4. RRS can deny the registration of a User without stating a reason at its own discretion.
   5. After successful registration, the User can sign in with his account details (username and password) when using the Service again.
4. mtu Go

   mtu Go including different software modules is a Platform to assist all user groups (such as field service technicians, fleet operators, customers and other employees) in their daily work.

   Such modules are described as follows:

   1. Equipment Live-Data

   mtu Go Can optionally access Equipment Live-Data, collected via so called “Data Logger” provided by Rolls-Royce Solutions GmbH on basis of a separate agreement between Rolls-Royce Solutions GmbH and the owner of the corresponding asset(s) (“Hardware-Agreement”). In case of a contradiction between the Terms of Use and the Hardware-Agreement, the Terms of Use shall prevail regarding the use of the Service at any time.

   2. Field Service Module

   Go consists of a module named “Field Service” that assists service technicians working on RRS Engines in planning, executing and documenting their daily work. The module contains functionalities to manage assigned job tickets, asset information (e.g. documentation, spare parts catalogue) about their work. It furthermore enables the technicians to document their work done. With these functionalities invoice relevant information e.g. used spare parts and working / traveling times are recorded manually by the service technicians. For avoidance of doubt, the Application does not record any time- or location tracking data. All timing related information is entered and reviewed manually by the User.

   3. Commissioning

   mtu Go provides a Module to connect an RRS connectivity device (so called “Data Logger”) to the mtu Go platform. The connection of such a device requires information concerning the connected asset and the connectivity device itself. Furthermore, personal data of the User in terms of his Name, function, time and date will be stored during the commissioning process. The User has at any time the full transparency about the data stored within the process.

   4. Usage of mobile data

   The use of mtu Go requires Internet access. The User is expressively made aware of the fact that an Internet access might not always be available to him or may involve additional costs, e.g. on the high sea or in foreign countries. The User shall check the availability with his internet access provider in advance.

   5. Update and fees

   Rolls-Royce Solutions GmbH might, without being obliged to do so, publish an updated version of mtu Go and the included modules from time to time. If mtu Go and/or the Hardware is provided free of charge, RRS might also limit or extend the functionality of mtu Go or decide to discontinue mtu Go at any time. If mtu Go or the Hardware are provided as a paid-service, RRS might limit or extend the functionality of mtu Go if in the reasonable discretion of RRS such change to mtu Go does not unreasonably affect the legitimate interests of the User.

   6. App Monitoring

   Rolls-Royce Solutions GmbH as operator of mtu Go might use App monitoring tools to monitor and increase the user experience. App monitoring is done e.g. by using a tool comparable with “Microsoft Azure App Insides”. RRS states that all recorded data will be used without any personal information of the user (anonymized) and only serves the target to increase the user experience, bug finding and technical monitoring of the usage of the application mtu Go.

5. General obligations of the User
   1. The User must gain in advance and maintain the consent of the owner of the fleet respectively asset to the use of Services.
   2. The Application shall only be used by trained, authorized Users and in compliance with the relevant operating instructions.
   3. The User shall not use the Services for other purposes than those mentioned within these Terms of Use. Especially, the User shall not use the Services to offend bonos mores through his usage behavior, infringe third parties’ rights, including without being limited to, trademarks, copyrights, patents, trade secrets and personal rights, transmit content containing viruses or other malware.
   4. In the event of the User’s non-compliance with these Terms and Conditions, the User shall indemnify and hold harmless Rolls-Royce Solutions GmbH against any and all liability, and RRS may suspend the User’s account. Further rights of RRS remain unaffected.
6. Warranty and Liability
   1. The Application is only designed as an additional information sources and does not replace any alarm systems or information systems or information given to the User or owner of the asset via handbooks, warranties or other technical information available to the User or owner of the fleet respectively asset. In case of a contradiction between the information available via the Application or telephone/email support and technical information the technical information shall prevail at any time.
   2. Rolls-Royce Solutions GmbH shall use reasonable effort to maintain and make available the Application via the internet. Like other online services the full functionality of the Modules depend on services by third parties and requires technical maintenance. The Application or single Modules might be therefore temporarily unavailable or only available with limited functionality. Thus, RRS does not warrant an undisrupted availability of the Services.
   3. Any information given via the Application is prepared with care and expertise. Nevertheless, no warranty can be given that the information is without defects or complete. In addition, the information might also be subject to changes. Furthermore, no information given via the Application shall (a) be deemed as an acknowledgement or as giving prejudice regarding a warranty breach or breach of contract by RRS in relation to the assets, or (b) used as a basis for a decision regarding the User’s or the asset’s owner’s business.
   4. Rolls-Royce Solutions GmbH shall be liable for damages resulting from injury to life, body or health for damages resulting from intentionally or grossly negligent acts or omissions by RRS, an employee or representative of RRS, any fraudulently concealed defects or breaches of any given guarantees, in accordance with the statutory provisions.
   5. In all other cases not mentioned at Sec. 5.4 Rolls-Royce Solutions GmbH shall be solely liable for damages resulting from slight negligence acts or omissions by RRS, an employee or representative of RRS, in events of a breach of a cardinal duty, meaning a duty on whose performance the other party can reasonably rely. In this case RRS liability shall be limited to the typical, foreseeable damage (excluding loss in profits and indirect damages).
   6. The limitation of liability as mentioned in Sec. 5.3 and 5.4 applies mutatis mutandis to the personal liability of employees or representatives of Rolls-Royce Solutions GmbH.
7. Intellectual Property Rights
   1. Unless expressively stated otherwise within these Terms of Use, Rolls-Royce Solutions GmbH remains all rights in the Application and any information made available through the Modules.
   2. RRS grants to the User a non-exclusive, limited to the term of this agreement, right to use the Application in accordance with these Terms of Use. Especially, the User shall not copy the Application to other storage devices, make available or distribute copies to third parties nor reverse engineer, decompile or disassemble the Application unless and to the extent permitted by applying statutory provisions.
   3. RRS grants to the User a non-exclusive, limited to the term of this agreement, right to use any information made available via the Services within the Platform or App in accordance with these Terms of Use. Especially, the User shall not copy to other storage devices, make available to the public or distribute any information.
8. Data privacy

   Rolls-Royce Solutions GmbH complies with the statutory provisions of the Federal State of Germany and the General Data Protection Regulation (EU) 2016/679 when collecting, storing and processing personal data. Details can be found in the Privacy Notice.

9. Term of Agreement
   1. The agreement is concluded unlimited in time. The User may terminate the agreement at any time by deleting his account. If the User wishes to use the Application again he/she has to register again. Rolls-Royce Solutions GmbH may terminate the agreement at any time with a two weeks’ notice period, but not before the termination of the Hardware-Agreement (if applicable). The termination notice will be made available to the User within the Application or via Email or in written form to the address available to RRS.
   2. The parties’ right to terminate the agreement for cause without a notice period remains unaffected.
10. Compliance

    The User must comply with all applicable laws and regulations of the relevant jurisdictions, particularly those relating to anti-corruption, export control, money laundering, counter-terrorism, antitrust and competition. This does not apply if the laws and regulations of the relevant jurisdiction conflict with the laws and regulations of the Federal State of Germany.

11. Miscellaneous
    1. If any provision of these Terms of Use is or becomes invalid in whole or in parts, this shall not affect the validity of the remaining terms. The invalid clause or part shall be replaced by a clause which is valid and comes closest to the intended commercial purpose of the parties.
    2. These Terms of Use will be subject to, interpreted and construed in accordance with the laws of the Federal Republic of Germany (excluding the UN Convention on International Sale of Goods).
    3. Sole place of jurisdiction for all disputes between a User and Rolls-Royce Solutions GmbH in connection with the use of the Platform shall be Friedrichshafen, Germany.