As of: 2022/11/28


I. General Terms and Conditions and Registration

1. MyFestool is an online service offer from Festool GmbH, which offers you various applications.
2. When you register with MyFestool, you will open a user account under which you will receive current product information and be able to use the applications provided by Festool GmbH. By registering with "MyFestool", you are agreeing to these Terms & Conditions of Participation, the Terms and Conditions of Use for the provision of information online free of charge (available www.festoolusa.com/legal-information/terms-and-conditions-of-use) and our data protection provisions (available at www.festoolusa.com/legal-information/data-protection). In the event that these provisions are breached, we are entitled to delete your MyFestool account immediately and without issuing any further warning. The same shall apply if any of your activities are likely to impair the functionality of the Festool websites or the Festool infrastructure.
3. For the registration, we need your forename and surname, your email address and address, and the branch of your company. When you use our additional services within “MyFestool”, additional personal data (e.g. device data for Warranty all-inclusive) are necessary. 
4. Registration with MyFestool and opening a user account is free for you. Payment obligations can arise from the use of individual applications, e.g. conclusion of a repair order via our online ordering tool. You accept the associated payment obligation by clicking on the confirmation box provided for this. 
5. You can cancel your user account at any time and without giving reasons. To do so, please log into your MyFestool account and in the “My profile” section click on the link delete “MyFestool account”.
6. Festool reserves the right to partially or wholly supplement, amend, or delete these Conditions of Participation and/or individual applications under MyFestool without giving reasons, or without prior information to the user. 

II. Applications via MyFestool 

1. The option to use the applications offered on MyFestool does not constitute an offer by Festool, but rather only an invitation to make an offer. By clicking on the respective confirmation box, you make an offer to use the particular service. It is only by express acceptance from Festool or the provision of corresponding services that Festool accepts the offer, and it is only through this acceptance that a contract between the user and Festool (or a company associated with Festool) comes into being.

2. Applications that Festool currently offers:

a) Tool Management

• Tool registration for the Warranty all-inclusive incl. invoice upload
• Add tools without warranty
• Delete tools
• Transfer tools without and including warranty
  Tools can be transferred from one account to another specifying the part number, serial number and the warranty certificate. The MyFestool account holder, to which the tools were registered to this point, is informed by e-mail about the warranty transfer and has the option to object to this transfer within 30 days. If there are also products without a warranty claim in your MyFestool account, they are also transferred to the new MyFestool account. If you decide to transfer the entire inventory to another account, products without a warranty claim are also added to the other account.
• Order placement for repairs and overview (not available in all countries)
• Theft processing (only available in Korea)
• Tool overview

b) Invitation management (only available for corporate accounts)

• For invitation management, it is possible to invite other people from the same company to MyFestool, provided that they do not already have a MyFestool account. This means that multiple people can view the tools stored for the company and can use the corresponding services. You should therefore ensure that you add only company tools in the overview. If and to the extent that you also use Festool tools privately, we recommend that you create a private MyFestool account. Also note that you can be removed from the corporate context at any time by any person associated with your company. This also means that your MyFestool account is deleted. You can of course re-register at any time.

c) Registration to receive advertising

d) Participation in competitions

e) Participation in events

III. Responsibility for contents/data and/or information of the user, availability

1. You undertake:
a) to only give information that is truthful and not misleading, and not to use pseudonyms or stage names;
b) To observe the applicable law and the rights of third parties in using MyFestool and the content on MyFestool. You are especially prohibited from using the website or its contents for illegal, pornographic, obscene, defamatory, or rights-infringing purposes;   
c) To ensure adequate security equipment and virus scanner before downloading material provided by Festool for your own protection and to prevent viruses on the Festool website. 

2. Festool accepts no responsibility for the data you have provided. 

3. You recognise that is it not technically possible to achieve 100% availability of the website; Festool does, however, endeavour to keep the website constantly available as far as possible. There can, however, be disruptions due to maintenance, security, or capacity issues. 

4. The liability for the freedom from material and legal defects for the materials provided by Festool, especially for their faultlessness, accuracy, freedom from property rights and copyrights of third parties, completeness and/or usability is excluded. This does not apply insofar as the defectiveness is based on intent, gross negligence, or fraud. Compensation claims from the user, regardless of the legal reason, are excluded, especially from breach of contract. This does not apply in the event of intent, gross negligence, the absence of guaranteed properties, and under the German Product Liability Act (ProdHaftG). Liability for consequential losses is excluded between the Parties. 

IV. Data protection and consent to the free information service

1. The personal data which we have received with the opening of your MyFestool account, including your profile picture, are stored, processed, or used to implement the associated services, unless you have agreed to other purposes.
All data are used by Festool GmbH and its associated companies [especially TTS Tooltechnic Systems AG & Co. KG, and the companies listed under http://subsidiaries.festool.com].Your personal data are not transferred to third parties, unless this is necessary for the purposes of providing customer support. Further information of data protection with Festool can be found in our Privacy Policy [https://www.festoolusa.com/legal-information/data-protection].

V. Final provisions

1. In order update your customer data, Festool requests that you make an prompt change in your free MyFestool account at www.festoolusa.com or send a prompt notification via the contact form on our Internet site www.festool.de, by telephone via our service number +49 7024 804 2 41 08 or by post to Festool GmbH, Wertstraße 20, D-73240 Wendlingen. Festool GmbH cannot accept additional costs incurred due to out-of-date customer data.
2. The law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), applies.
3. The exclusive place of jurisdiction for all disputes from or in connection with a MyFestool account is Festool GmbH’s registered office.
4. Should a provision of these Conditions be or become partially or wholly invalid or unenforceable, or should there be a loophole in these Conditions, this shall not affect the validity of the remaining provisions. In the place of the invalid or unenforceable provision, a valid or unenforceable provision is deemed agreed which comes as close as possible to the purpose of the invalid or unenforceable provision. In the event of a loophole, a provision is deemed agreed which corresponds to what would have been agreed according to the purpose of these Conditions.