Table of Content
One-Key App Functionality
Claims in Case of Defects / Warranty
Limitation of Liability
Your Indemnification Obligation
Subject Matter of this Agreement. These “One-Key App Terms and Conditions” (“Agreement”) govern the legal relationship between Techtronic Industries ELC GmbH, Max-Eyth-Str. 10, 71364 Winnenden, Germany ("We“ / "Us“) and users of the „One-Key” mobile app („You“) in relation to the provision and use of the “One-Key” mobile Application (“One-Key App”) including any future updates of the One-Key App.
Conclusion of this Agreement. You enter into this Agreement with Us by accepting this Agreement upon registration for a One-Key Account.
Accessibility of Agreement. You can access and download the text of this Agreement online at uk.milwaukeetool.eu/one-key/terms-and-conditions/.
No Charges . We provide the One-Key App in the current version to You free of charge.
Telecommunication Costs . The use of certain functions of the One-Key App requires an internet connection of the device (e.g. smartphone) on which the One-Key App is installed (“ Device”). This may cause costs for data traffic according to Your agreement with Your network operator. Such costs are to be borne by You.
One-Key App Functionality
Functions . The One-Key App provides functions for tool control (see clause 3.2), inventory management (see clause 3.3) and tool reporting (see clause 3.4) in connection with certain Milwaukee tools and equipment that is One-Key ready (“One-Key Tool”) .
Tool Control. The One-Key App allows to set certain parameters in One-Key Tools, e.g. the speed or torque of a drill. Commands are sent by the Device to the One-Key Tool via a wireless Bluetooth connection. Please refer to the manual of Your tool to find out if and to what extent it can be used in connection with the One-Key App. The tool control functionality of the One-Key App can be used as a stand-alone function, i.e. without using the inventory management system or tool reporting.
Inventory Management System : The One-Key App contains inventory management functions (i) to create an inventory of One-Key Tools and third party tools, and (ii) to gather and manage information about the usage of such tools and to create respective reports. These functions are provided by the One-Key App, however certain functions may only be available in connection with an online inventory management platform (website) (“Inventory Management Platform”). If You use the inventory management functions, the One-Key App will automatically collect from registered One-Key Tools certain data (e.g. serial number, use history) via Bluetooth, store such data and send it via an internet connection of the Device (if available) to the server of the Inventory Management Platform (“ One-Key Server”).
This Agreement does not cover the use of the Inventory Management Platform (website). For the terms and conditions of the Inventory Management Platform please see uk.milwaukeetool.eu/one-key/terms-and-conditions/. We reserve the right to cancel the connectivity of the One-Key App to the One-Key Server at any time and do not owe a specific availability of the One-Key Server.
Tool Reporting . The One-Key App can gather information about the One-Key Tool and its usage (“Tool Data”), provide respective reports (as the case may be in connection with the Inventory Management Platform) and notification about recommended maintenance.
Online Registration . In order to use the One-Key App You have to create an online account (“One-Key Account”). Such registration requires an internet connection and can be accomplished within the One-Key App. In order to use the One-Key App in connection with a specific One-Key Tool, the One-Key Tool (ID) must be linked with Your One-Key Account.
System Requirements . In order to use the One-Key App Your Device must fulfill certain hard- and software requirements (e.g. version of operating system, etc.). Please see for details uk.milwaukeetool.eu/one-key/.
Updates . We may provide from time to time updates of the One-Key App which may also include bug-fixes. It may also be necessary to install an update in order to ensure interoperability of the One-Key App with future versions of the Inventory Management Platform or future One-Key Tools. We therefore strongly recommend installing updates. This Agreement does not create an obligation of Us to provide any updates or updates with a specific functionality. Your statutory rights remain unaffected.
Access to Third Party Websites, Content and Services . To the extent the One-Key App gives You access to third party websites, content and services (“Third Party Services”) such Third Party Services are subject to the respective privacy policies and terms of conditions of the third parties.
Right to Use. We grant You free of charge the non-exclusive (simple), non-transferable and non-sublicenceable, worldwide and perpetual right to operate the One-Key App on Your Device and use it for Your own business purposes.
Modification and Decompilation. You will not translate, adapt, rearrange or otherwise modify the One-Key App. You are, however, entitled to decompile or otherwise reverse engineer the One-Key App, but only to the extent permitted under Section 69e German Copyright Act [Urhebergesetz] and only if We have not provided You within reasonable time upon Your written request with data and/or information required to ensure the interoperability of the One-Key App with other software.
No Provision to Third Parties. You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the One-Key App or parts of it, to any third party, including by making the One-Key App available on a network where it is capable of being accessed by more than one device at any time.
No Rights in Source Code. You are not granted any rights in the source code of the One-Key App.
Reservation of Rights. Unless explicitly set forth otherwise in this Agreement, all rights in the One-Key App, in particular the copyright and the right to and on inventions and other intellectual property rights, remain as between You and Us exclusively with Us.
Suggestions. To the extent that You make ideas and suggestions on the One-Key App, We are entitled to use them free of charge for purposes of developing, improving and selling our products and services.
Use of Tool Data. You will use information provided by the One-Key App about the One-Key Tool or its use (e.g. crimp reports) (“Tool Data”) for general information purposes only. You will verify the accuracy of the Tool Data in situations where inaccurate Tool Data would cause financial damages or cause damages to the life, body or health of a person.
Manual. Before using the One-Key App You will read the user manual provided by Us, in particular security notices. You will use the One-Key App strictly in compliance with such information.
Lawful Use . You will use the One-Key App in compliance with any applicable laws and regulations. By using the One-Key App You may not violate any third party rights (e.g. industrial property rights, copyrights, personality rights or property).
Data Protection . You will in particular comply with any applicable laws on the protection of personal data and – if legally necessary – inform others (e.g. Your employees or others using the One-Key Tool) or obtain their valid data protection consent before You use the One-Key App to collect, use or process personal data about them (e.g. information about the working time or performance of Your employees).
Account Credentials . You will keep confidential Your One-Key Account credentials and not provide Your password to others or let others use or give others access to Your One-Key Account.
Use with One-Key Tools . You will use the One-Key App solely in connection with Our One-Key Tools and Inventory Management Platform. Your right to manage third party tools with the Inventory Management System remains unaffected. You will not use with One-Key App in connection with One-Key Tools of third parties, unless the authorized owner of the One-Key Tool has given You permission.
Sale, Lease, Transfer. You may not sell, lease or otherwise make available the One-Key App to third parties.
Known Bugs . You will review, prior to using the One-Key App, the list of known-bugs at uk.milwaukeetool.eu/one-key/.
Responsibility . If You collect, process or use personal data of others with the One-Key App (e.g. use of One-Key Tools by Your employees), You are responsible to comply with the applicable laws and regulations on the protection of personal data (see clause 5.4).
Claims in Case of Defects / Warranty
Exclusion of Liability. Any and all claims (including for rectification) in case of material defects and defects of title of the One-Key App (“Defects”), particularly warranty for the accuracy, absence of errors, absence of third-party protection rights and copyrights, completeness and/or usability, are excluded, except in cases of a fraudulent concealment of a Defect (see sections 523 and 524 of the German Civil Code - “BGB”).
Damage Claims . You have no damage claims due to Defects of the One-Key App, except We have fraudulently concealed the Defect (see sections 523 and 524 of the German Civil Code - “BGB”).
Limitation of Liability
Applicability . Our liability for Defects of the One-Key App is limited according to section 7 of this Agreement. Otherwise our liability is limited according to this section 8.
Limitation in Certain Cases . We are liable for damages if they
have been caused due to Our intent or gross negligence; or
have been caused by Our slight negligence and a material breach of obligations, which endangers the achievement of the objective of this Agreement or have been caused due to failure to comply with obligations, the very fulfillment of which is an essential prerequisite for the proper performance of this Agreement and on the observance of which You may rely (essential obligations).
Any further liability of Us is excluded, irrespective of its legal basis, unless We are liable for damages to the life, body or health of a person, due to the explicit assumption of a guarantee of quality, fraudulently concealed defects or due to claims under the German Product Liability Act.
Limitation of the Amount of Liability . In case of clause 8.2.b) (slight negligent violation of essential obligations) Our liability is limited to the amount of a typical foreseeable damage for such type of agreement.
Further Limitation . With regard to the provision of the One-Key App free of charge, Our liability is further limited to damages caused by Our intent and gross negligence and liability for damages caused by slight negligence is excluded, as set out in section 521 BGB.
Employees and Statutory Representatives . The limitations of liability in this Agreement also apply to Your claims against Our employees and statutory representatives.
Your Indemnification Obligation
Indemnification Obligation. If third parties (including public authorities) raise claims against Us or assert infringements of their rights, based on the allegation that You have violated this Agreement, in particular clause 5 of this Agreement, the following applies: You will immediately indemnify Us from such claims, support Us reasonably in Our legal defense and indemnify Us from any costs for such defense (including reasonable attorney fees).
Prerequisites for the Indemnification Obligation. The obligation to indemnify according to clause 9.1 of this Agreement requires that We inform You immediately in writing of any such claims made, do not make any acknowledgements or equivalent declarations and allow You - at Your expense - to conduct all judicial and extrajudicial proceedings and/or negotiations regarding the claims, if and to the extent permissibly by applicable law. If We do not fulfill these requirements Your indemnification obligation is reduced accordingly. Our statutory claims (e.g. for damages) remain unaffected.
Consumer. This section 9 does not apply if You are a natural person who enters into this Agreement for purposes, which predominantly can be attributed neither to Your commercial nor Your independent professional occupation (see section 13 BGB) (“Consumer”).
Applicable Law. This Agreement is exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG). If You are a Consumer the previous choice of law clause only applies to the extent that it does not deprive You of applicable mandatory consumer protection laws of the country in which You are ordinarily resident at the time of installing the One-Key App.
Interpretation. Terms in this Agreement shall be construed in accordance with the concept of German law.
Place of jurisdiction. If You are a merchant, the exclusive place of jurisdiction is Our place of establishment; we remain, however, entitled to sue You at Your registered office.
Severability. In case individual provisions of this Agreement are or become ineffective, this does not affect the effectiveness of the remaining provisions.
Version: 17 September 2015