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General Conditions of Use for the Use of the Developer Portals

1. Scope

1.1
Any use of the website (Schaeffler Website) offered by Schaeffler Technologies AG & Co. KG ("Schaeffler") shall be subject to these Conditions. By commencing use, the user accepts the validity of these Conditions of Use in their current version.

1.2
Access to the Schaeffler Website is only possible for (i) users who are employed by companies which are direct customers of Schaeffler or for (ii) users who are employed by companies which are customers of service providers (Customer’s customer) who are in turn direct customers of Schaeffler and who are entitled to set up or to let set-up an access to the System for users of their own customers.

In the latter case (ii), both the provision of the Schaeffler Website as a service platform and the delivery of the services via the System are contractually owed services of the service provider to its customer based on the separate contract concluded between the service provider and its customer. Schaeffler itself is not a party to this contract and with the System only provides the technical platform for the service provider to fulfill its contractually owed obligations to its customer and for the customer to receive the services as owed by the service provider. For claims of the service provider’s customer or other issues, the service provider is responsible for as the contractual partner of the customer. Thus, only the use of the System as such is regulated between Schaeffler and the service provider’s customer with these Conditions.

1.3
These Conditions of Use refer to additional conditions, which also apply to the use of the System, namely the Schaeffler Privacy Policy including information about cookies - see link in the System and Section 10 of the present General Conditions of Use.

1.4
Users of the Schaeffler Website hereby undertake and represent that the use of the Schaeffler Website takes place in the exercising of their profession and that the user does not use the Schaeffler Website as a consumer. Furthermore, the user undertakes and represent that it is authorized (i) by the company which is customer of Schaeffler or (ii) by the company which is customer of a service provider (Customer’s customer) who is in turn direct customer of Schaeffler to use the System for receiving data and services.

1.5
These General Conditions of Use may be supplemented, modified or replaced from time to time. By continuing to use the Schaeffler Website, the user accepts the updated General Conditions of Use of the Schaeffler Website. In the event that separate agreements and/or separate General Terms and Conditions for the purchase or sale of products and/or for the provision of services apply between the customer and Schaeffler for the use of this website (also as part of another service), the aforementioned provisions shall take precedence over these General Conditions of Use.

 

2. Content of the Schaeffler Website

Schaeffler makes available on the Schaeffler Website non-binding information and software, if necessary documentation for accessing or downloading. Such provision shall be without any commitment and without any warranties as to completeness. Schaeffler may at any time in whole or in part discontinue the Schaeffler Website or change the content without any prior notice. Schaeffler does not accept any liability in relation to the uninterrupted availability of the Schaeffler Website. 


The Schaeffler Website is access-protected. Use requires prior registration and activation of the user by Schaeffler. Access to the system is not possible without prior activation. There is no entitlement to registration and/or activation by Schaeffler.

 

3. Rights of Use

3.1
The use of the information, software and documentation available on the Schaeffler Website shall be subject to these Conditions. In the event of updates to information, software or documentation, the relevant license conditions previously agreed with Schaeffler shall apply. Any license conditions separately agreed upon shall prevail over these Conditions.

3.2
Schaeffler grants to the user a non-exclusive, non-assignable, non-sublicensable, and non-transferable right to use the information, software, and documentation provided on the Schaeffler Website to the extent that this is (i) agreed between the parties (Schaeffler and direct customers) or between the service provider and its customer, e.g. in separate agreements or (ii) by separately applicable General Terms and Conditions or (iii), in case there is no agreement or applicable General Terms and Conditions on this point, in accordance with the purpose intended by Schaeffler.

3.3
The software is only available in a machine-readable form. No right shall exist to the release of any source code. In case the license conditions of open source software have priority over these Conditions and require Schaeffler to make the source code available, such source code shall be made available in exchange for reimbursement of expenses.

3.4
Unless there are mandatory provisions to the contrary, the user may not modify, reverse engineer, reverse translate or remove parts of the software or its documentation.

3.5
The information, software and documentation are protected by applicable copyright laws as well as other applicable laws related to intellectual property. The user shall observe such laws, and in particular any alphanumerical identification, trademarks or copyright notices shall not be removed from the information or from the software or from the documentation or from any copies thereof.

3.6
Any provisions of applicable copyright law regarding the protection of any software shall not otherwise be affected hereby.

 

4. Intellectual Property and Confidentiality

4.1
Schaeffler or licensors of Schaeffler (e.g. affiliated companies of Schaeffler) are the sole owners of all intellectual property rights to the content published on the Schaeffler Website.

4.2
Notwithstanding the particular requirements in Section 4 of these Conditions of Use, any information, trademark names and other content of the Schaeffler Website may not be changed, copied, reproduced, sold, rented, used, supplemented or used in any other way without the prior written permission of Schaeffler.

4.3
Except for the right of use and other rights expressly granted herein, the user shall be granted no further rights of any type whatsoever, in particular those to the company name or to intellectual property rights, such as patents, utility models or trademarks, nor shall Schaeffler be subject to any corresponding duty to grant such rights.

4.4
The user may be granted access to certain non-public information, software, and specifications relating to the Schaeffler Website (“Confidential Information”) that is confidential and in the ownership of Schaeffler. The user may only use Confidential Information to the extent necessary to exercise the rights granted under this Agreement. The user may not disclose Confidential Information to third parties without Schaeffler's prior written consent. The user undertakes to protect Confidential Information from unauthorized use, access, or disclosure in the same manner as the user would protect its own confidential and protected information.

 

5. Registration and Use of Protected Pages

5.1
Some pages of the Schaeffler Website are protected by way of a password. Access to these pages is only possible for registered users for reasons of business security. There is no entitlement to registration by Schaeffler. Schaeffler reserves the right, in particular, to make previously freely accessible websites subject to registration. Schaeffler may at any time revoke a right of access by blocking the access without providing any reasons therefor, in particular when the user

  • has provided false details for registration;

  • has breached the Conditions of Use or its duties of care in relation to the treatment of access data;

  • has breached applicable law in accessing or using the Schaeffler Website or such breach threatens or is existing according to the opinion of Schaeffler, including any such breach of General Terms and Conditions applicable to the services made available via the Schaeffler Website (see also Section 1.5);

  • posts, uploads or provides content that is according to the opinion of Schaeffler racist, extremist, sexist, discriminating, illegal, incorrect, insulting or is breaching the rights of third parties (e.g. personal rights) or applicable law; or

  • has been an inactive user of the Schaeffler Website for more than 24 months.

Schaeffler reserves the right to take further legal actions against the user. Furthermore, Schaeffler may at any time revoke and/or refuse a right of access for users as costumers of service providers by blocking the access to the Schaeffler Website due to Export Control reasons, see also Section 9 of these Conditions of Use.

5.2
In the event that registration is accepted, the user shall provide accurate and correct details and must advise Schaeffler immediately of any changes. The user shall therefore ensure that it receives any e-mails sent to the e-mail address provided.

5.3
After registration, the user shall receive access rights to the Schaeffler Website. The user can log in to the Schaeffler Website by entering its provided email address and the corresponding authentication (e.g. via Microsoft Authenticator app). The user data enables the user to view its data, change this data, or, if necessary, revoke or extend any consent given for data processing.

5.4
The user shall ensure that the user data is not available to third parties and shall be liable for all activities taken under the user data. After each use, the area protected by password shall be exited. Insofar as the user becomes aware that any third party is misusing user data, the user shall immediately notify Schaeffler of such in writing, and, if applicable, in advance by e-mail. After receipt of such notification, Schaeffler shall block the access to the area protected by password for that user data. The lifting of any blocking is only possible after a special application by the user to Schaeffler or after a new registration.

5.5
The user may at any time demand in writing the deletion of any registration insofar as the deletion is not prevented by the processing of current contractual matters. In such case, Schaeffler shall erase all user data and all other personal data of the user as soon as such is no longer required.

 

6. References and Links

The Schaeffler Website may contain references and links (hyperlinks) to the websites of third parties. Schaeffler does not accept any responsibility for the contents of such websites, nor does Schaeffler make the contents of such websites its own, as Schaeffler cannot control any information connected by a third party link and is not responsible for the contents and information therein contained. Any use of linked websites shall be at the risk of the user. SCHAFFLER HEREBY EXCLUDES ANY WARRANTY, INCLUDING ANY EXPRESS OR IMPLIED, STATUTORY OR OTHER WARRANTY, REGARDLESS OF THE LEGAL BASIS, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, AND SUITABILITY FOR A PARTICULAR PURPOSE, EXCEPT IN THE CASE OF INTENTIONAL MISREPRESENTATION.

 

7. Exclusion of Liability for Defects as to Title and Quality, Viruses

7.1
This Section does not regulate the liability of Schaeffler related to Schaeffler Services provided on the basis of the relevant General Terms and Conditions or any other agreement (see Section 1.5) made available to the user via the Schaeffler Website. Liability for such services shall be governed exclusively by the relevant General Terms and Conditions in their currently valid version or the agreement concluded (see Section 1.5), which contain all provisions governing the provision of the specific service by Schaeffler to companies, traders, and/or legal entities that are direct customers of Schaeffler.

With regard to the customers of the service provider as users of the Schaeffler Website, only the service provider, as the contractual partner of its customer, shall be liable for the respective service on the basis of the separate contract concluded between the service provider and its customer. All claims of the customer of the service provider in connection with the respective service shall therefore be asserted by the customer of the service provider against the service provider. Liability of Schaeffler is excluded.

7.2
Insofar as any information, software or documentation are made available at no charge, any liability is hereby excluded for defects as to title or defects as to the quality of the information, software and documentation, in particular for the correctness, defect-free nature, and the non-existence of intellectual property rights or copyright of third parties, completeness and/or usability except in cases of willful acts or malice, unless otherwise agreed. Schaeffler hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and suitability for a particular purpose.

7.3
The information provided on the Schaeffler Website may include specifications or general descriptions of technical possibilities of products, which in individual cases (e.g. for reasons of changes in products) may not always be available. The required performance specification of the products should therefore be agreed prior to purchase in each case.

7.4
The liability of Schaeffler for any defects as to quality and defects as to title shall be determined by the provisions in Sections 7.2 and 7.3 of these Conditions. Any liability of Schaeffler is excluded unless (i) mandatory law (e. g. the Product Liability Act) requires it, (ii) as a result of Product Liability Law, (iii) as a result of willful acts or gross negligence, (iv) as a result of injury to life, body or health, (v) as a result of the acceptance of a guarantee as to quality, (vi) as a result of malicious concealment of a defect, or (vii) because of the breach of essential contractual obligations. Any damages for breach of contract shall however be limited to typical, foreseeable damages, insofar as willful acts or gross negligence are not involved.

7.5
Schaeffler shall endeavor to keep the Schaeffler Website free from all viruses, however Schaeffler cannot give any assurance as to a virus-free environment. Before downloading any information, software and documentation, the user shall, for its own protection as well as to prevent viruses coming onto the Schaeffler Website, use suitable security measures and virus scanners. The user is responsible for implementing sufficient procedures and checkpoints to satisfy its particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Schaeffler Website for any reconstruction of any lost data.

7.6
A reversal of the burden of proof shall not be assumed by any of the above provisions.

 

8. Obligations of Use

8.1
The user may not in regard to the use of the Schaeffler Website:

  • cause any damage or injury to any persons, in particular juveniles, or violate their privacy rights;

  • act against good morals by its method of use;

  • violate intellectual property rights or copyright or other property rights of Schaeffler or of third parties;

  • transmit any contents with viruses or so-called “Trojan Horses” or other programming which could damage software;

  • provide, store or send hyperlinks or contents to which it is not allowed, in particular if such hyperlinks or contents are a breach of a duty of confidentiality or are unlawful; or

  • distribute advertising or unsolicited e-mails (so-called "spam") or irrelevant warnings as to viruses, malware or similar, or request persons to participate in gambling, games, chain letters, pyramid schemes or any other similar actions;

  • engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the System, or which, as determined by Schaeffler may harm Schaeffler or users of the System or expose them to liability;

  • use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party's use of the website, including their ability to engage in real time activities through the website.

8.2
Schaeffler may block access to the Schaeffler Website at any time, in particular if the user breaches its duties under these Conditions.

8.3
The user shall not disclose any passwords, keys, tokens, secrets, or other access data that enable access to the APIs or services (“Developer Access Data”).

8.4
The user shall immediately notify Schaeffler if it discovers or becomes aware of any of the following: (a) unauthorized access, unauthorized use, unauthorized disclosure, unauthorized modification, loss, or destruction of user data under the user's control; (b) security holes on the website; or (c) problems related to the website that significantly impair the services (collectively, “Security Incidents”).

 

9. Export Control

The transfer of information, software and documentation can be subject to the applicable legal provisions of export controls, in particular but not limited to the law of the EU or its member states or the US, due to its type or its purpose of use or its end use. The user confirms that it shall comply to the applicable provisions of export control law at all times.

Requested Usage of the Schaeffler Website by Users as Customers of Service Providers: Related to any requested usage of the Schaeffler Website by users as customers of service providers, Schaeffler checks on the basis of the information requested for the set-up of an access to the system if the provision of analytics results to the these user is in compliance with all applicable export control and sanctions laws and regulations of the European Union (EU), the United States of America (US/USA) and other jurisdictions (export control regulations). User’s access to the Schaeffler Website and the further maintenance and provision of the access is subject to the compliance with the export control regulations. In case of non-compliance, Schaeffler is in particular entitled to refuse, withhold and/or discontinue the installation and/or maintenance of access without any liability to the user.

 

10. Protection of Personal Data

Schaeffler shall, in compiling, using and processing personal data of the user, observe the applicable data protection regulations which may be viewed on the Schaeffler Website.

 

11. Side Agreements, Place of Jurisdiction, Applicable Law

11.1
Any side agreements to these Conditions of Use including any amendments of this Clause shall be made in writing.

11.2
The place of jurisdiction is the registered seat of Schaeffler Technologies AG & Co. KG.

11.3
The individual pages of the Schaeffler Website are operated by and are the responsibility of Schaeffler. These pages comply with the requirements of the specific country in which Schaeffler Technologies AG & Co. KG has its registered seat. Schaeffler accepts no responsibility for the possibility that information, software and/or documentation of the Schaeffler Website may be accessed or downloaded in places outside of the respective country. If users from countries outside of the respective country use the Schaeffler Website, they are themselves responsible for compliance with the applicable regulations of the respective country. Access to information, software and/or documentation on the Schaeffler Website in countries in which access is unlawful is not allowed. In such case, and should the user wish to contact Schaeffler commercially, the user should contact the Schaeffler representatives in the respective country.

11.4
These Conditions as well as the use of the Schaeffler Website shall be subject to the law of the registered seat of Schaeffler Technologies AG & Co. KG.

11.5
Should any provisions of these Conditions of Use be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid, enforceable provision that most closely reflects the intention of the original provision.

 

General Conditions of Use for the Use of the Schaeffler Website, Version 02, 14.05.2025

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