Terms & Conditions

These terms and conditions of registration and use for IC-1 Lift Plan (hereinafter referred to as the “T&C”), dated 9/4/2019, apply to the usage, by the customers and users (hereinafter referred to as the “USER”), of the online application for preparing lift plans provided by Tadano GmbH, Europaallee 2, 66482 Zweibrücken, Germany (hereinafter referred to as “Tadano”), as well as to the registration of the customers and users that is required for the usage. The USER and Tadano are hereinafter referred to individually as the “PARTY” and jointly as the “PARTIES”.

1. IC-1 LIFT PLAN
1.1. IC-1 Lift Plan – General Description
With its online IC-1 Lift Plan application, Tadano enables the USER to generate general lift plans for the Tadano crane models that are available on the online IC-1 Lift Plan application. Within this context, the term “lift plan” refers to information that makes it possible to determine which loads the previously selected Tadano crane model will be able to lift, turn, and lower, as well as the radiuses at which it will be able to do so.
1.2. Registration
The use of the IC-1 Lift Plan requires the USER to register first. The registration shall be subject to approval and confirmation by Tadano . When registering, the USER shall provide truthful and accurate information as required by the registration process. This information includes, but is not limited to: first name, last name, street address, city, state, country, e-mail, telephone number, and the USER’s position in the company. After registering successfully, the USER will be able to set up their account. The user must fill out the registration application in its entirety. Registration applications with missing, incorrect, or incomplete personal information shall not give the user the right to use the IC-1 Lift Plan; if the user submits an unacceptable registration application as outlined in this description, Tadano will not allow access to the application or will revoke access, if applicable.
1.3. Technical Requirements
In order to register for and use the IC-1 Lift Plan, the USER must have a working internet data connection (e.g., DSL, cable, etc.). The USER is responsible for ensuring that they have sufficiently powerful and up-to-date hardware and software, as well as safe and up-to-date antivirus protection.
1.3.1. Once the USER registers online as required and sets up a corresponding account, they will be able to select a Tadano crane model and proceed to enter the specifications available on the Lift Plan interface in order to calculate a lift plan. The application will then use these specifications to generate an appropriate lift plan for the selected crane. Every lift plan can be printed out and/or saved.
1.3.2. The use of the IC-1 Lift Plan shall be limited to the registered USER. It is hereby expressly prohibited to disclose login data to third parties or to allow third parties to use the IC-1 Lift Plan. To access the IC-1 Lift Plan, the user will have to use the login data assigned with it together with remote data transmission.

2. IC-1 LIFT PLAN RESULTS, WARRANTY, LIABILITY
2.1. Crane Data and Specifications
All crane data and specifications disclosed to the USER by Tadano shall be treated confidentially by the USER and shall not be disclosed to any third parties. Furthermore, the data and specifications shall not be used for commercial purposes. The IC-1 Lift Plan may be used for technical purposes only. Any misuse or action contrary to public policy is hereby expressly prohibited. It is especially prohibited to technically modify, tamper with, or negatively affect the IC-1 Lift Plan. The USER hereby agrees to notify Tadano immediately if the USER becomes aware of, is made aware of, or is suspicious of the data and specifications disclosed to them being misused. Tadano reserves the right to block access to the IC-1 Lift Plan in case of misuse. The USER shall be liable for any misuse for which they are responsible.
2.2. IC-1 Lift Plan Results
All lift plan results are provided as general results only, meaning that they will only take into account the equipment that comes as standard with the Tadano crane model selected by the USER and will not account for any custom configurations featured by the USER’s Tadano crane model. Furthermore, all calculations are made assuming an ideal environment (solid ground, calm winds, etc.) and standard weight specifications (balanced, no one-sided loads, etc.), meaning that the results provided by the application may deviate from the actual circumstances involved. The USER shall be the sole party responsible for taking this into account. The use of the IC-1 Lift Plan and the corresponding lift plans shall not release users or operators from the obligation to closely follow all of the operating instructions and other warnings and the instructions for Tadano cranes. The IC-1 Lift Plan is not suitable for preparing statistics or for other applications that require measurement data that is exact, accurate, reliable, of verified quality, and up-to-date, and that is available continuously and without interruption. Due to technical reasons, the IC-1 Lift Plan is not suitable for providing third parties with proof of the loads that the previously selected Tadano crane model will be able to lift, turn, and lower, or of the radiuses at which it will be able to do so, in its actual environment and with regard to the actual application at hand.
2.3. Warranty/Liability
2.3.1. The use of the IC-1 Lift Plan and the generation of lift plan results shall in no way be construed as Tadano guaranteeing, making representations or warranties for, or otherwise making any binding statements concerning the Lift Plan, the results generated with it, and whether the use of the Tadano crane model planned by the USER is actually feasible under the conditions specified by the USER. The USER shall be the sole party responsible for the use of their Tadano crane model.
2.3.2. Tadano assumes no liability, nor makes any warranties or representations, for the results provided by the IC-1 Lift Plan. Tadano assumes no liability for indirect or consequential damages associated with the use of the IC-1 Lift Plan, regardless of whether in relation to the USER or third parties. Tadano assumes no liability for the availability and proper functioning of the IC-1 Lift Plan webpage, including any damages that may occur as a result of transmission errors, delays, or interruption; data problems or loss; viruses; or any other issues with the use of the IC-1 Lift Plan unless the damages are the result of intent or gross negligence on behalf of Tadano. This notwithstanding, maintenance, problems with the USER’s access requirements, and force majeure events, such as power outages, may result in the IC-1 Lift Plan not being available. Liability for damages in case of death or bodily injury resulting from intent or gross negligence on behalf of Tadano shall remain unaffected by the aforementioned provisions.

3. RIGHTS OF USE/CHANGES TO THE IC-1 LIFT PLAN
3.1. Rights of Use
3.1.1. As part of the registration process for and the use of the IC-1 Lift Plan, and in accordance with these T&C, the USER is being granted the non-exclusive and non-transferrable right to use the IC-1 Lift Plan through the IC-1 Lift Plan interface. This right of use is limited to the duration of the agreement between Tadano and the USER. Furthermore, it is limited in accordance with the agreement’s provisions.
3.1.2. The agreement between the USER and Tadano shall not give rise to the transfer of software or to the granting of more extensive rights of use (this includes saved IC-1 Lift Plan results). After the agreement between the USER and Tadano is terminated, the USER shall no longer have the right to access their account, the IC-1 Lift Plan, or any saved IC-1 Lift Plan results. No copyrights or trademark rights to the software or to the tools being used are being granted or assigned.
3.2. IC-1 Lift Plan Changes and Discontinuation
3.2.1. The IC-1 Lift Plan is being provided by Tadano on a voluntary basis. Tadano may temporarily or permanently expand the scope of use for the IC-1 Lift Plan or, after notifying the USER within a reasonable amount of time in advance, limit or discontinue the use of the IC-1 Lift Plan. The USER shall not be entitled to claim any compensation in such cases.
3.2.2. In particular, Tadano shall be entitled at any time to change these T&C, introduce any other terms and conditions, and make technical changes to the IC-1 Lift Plan, including adding or removing individual functions and features. Tadano will inform the USER of important changes and of changes to these T&C.
3.2.3. Tadano may interrupt the use of IC-1 Lift Plan at any time for maintenance and updates.

4. DURATION
4.1. Effective Date
The agreement between Tadano and the USER shall come into effect once the USER’s registration and USER account setup processes are complete (confirmed), of which Tadano will notify the USER separately. The USER will be sent their login information in a confirmation e-mail.
4.2. Termination
4.2.1. This agreement may be terminated by either one of the PARTIES with one month’s notice starting from the end of the corresponding month.
4.2.2. The PARTIES shall be entitled to terminate their contractual relationship for good cause without previous notice.
4.2.3. Any termination shall be in writing without fail.

5. DATA PRIVACY
While the agreement defined by these terms of use is in effect, Tadano will electronically store USER data, i.e., crane data, and any personal registration data, in compliance with the General Data Protection Regulations (“GDPR”). Data will only be collected, processed, and used within the context of registration for and use of the IC-1 Lift Plan. If, however, Tadano needs to collect, process, or use the USER’s personal data or the personal data of the latter’s employees as an exception, Tadano will obtain consent separately and, in the case of commissioned data processing, the PARTIES will enter into a legally valid agreement regarding commissioned data processing. The user hereby acknowledges and agrees to their crane data being collected and used by Tadano in an anonymized format. Tadano shall be entitled, in particular, to use this data to prepare (regional) comparisons and statistics and release them to the public through outlets such as television, the Internet, the press, radio, promotional materials, product descriptions, or in any other way it sees fit.