1 General - Scope of Application

1.1 These General Terms and Conditions apply in full to LACOS GmbH and LACOS AgSystems GmbH, hereinafter jointly referred to as ‘LACOS’.

1.2 Our terms and conditions of sale and delivery shall apply exclusively. They shall also apply to all future business relations, even if they are not expressly agreed again. We shall not recognize any terms and conditions of the Purchaser that conflict with or deviate from our Terms and Conditions of Sale and Delivery unless we have expressly agreed to their validity in writing.

1.3 Our Terms and Conditions of Sale and Delivery shall also apply if we carry out the delivery to the Purchaser without reservation in the knowledge of terms and conditions of the Purchaser that conflict with or deviate from our Terms and Conditions of Sale and Delivery.

1.4 Subsidiary agreements, assurances or amendments to these Terms and Conditions of Sale and Delivery shall only be valid if expressly acknowledged by us in writing.

2 Offer - Offer Documents

2.1 All offers are subject to change and non-binding, unless otherwise specified

2.2 Drawings, illustrations, dimensions and weights and other performance data shall only be binding if this has been expressly agreed in writing

2.3 We reserve the property rights and copyrights to illustrations, drawings, calculations and other documents.

3 Prices - Terms of payment - Default in payment - Set-off

3.1 Unless otherwise stated in the order confirmation or in the absence of any other agreement, our prices shall apply.

3.2 The deduction of discounts shall require special written agreement.

3.3 Value added tax shall be shown separately on the invoice at the statutory rate applicable on the date of invoicing.

3.4 Unless otherwise stated in the order confirmation or in the absence of other separate agreements, the gross purchase price (without deductions) shall be due for payment within 7 days of the invoice date. If the customer is in default of payment, we shall be entitled to charge interest on arrears at a rate of 8 percentage points above the respective prime rate per annum. If we are able to prove a higher damage caused by default, we shall also be entitled to claim this.

3.5 In the event of defects proven by the Purchaser, the Purchaser shall only be entitled to withhold payment to the extent that the amount withheld is in reasonable proportion to the defects and the anticipated costs of subsequent performance (in particular a remedy of defects). The Purchaser shall not be entitled to assert claims and rights based on defects if it has not made due payments and the amount due is not in reasonable proportion to the value of the defective delivery or service.

3.6 The customer shall only be entitled to set-off rights if his counterclaims have been legally established or are undisputed or recognized by us. Furthermore, he shall be entitled to exercise a right of retention insofar as a counterclaim is based on the same legal relationship.

4 Delivery period - delay in delivery

4.1 Delivery dates or deadlines that can be bindingly agreed upon must be in writing.

4.2 The start of the delivery period stated by us shall be subject to clarification of all technical issues.

4.3 Delays in delivery and performance due to force majeure and due to events which make delivery substantially more difficult or impossible for us not only temporarily. These include in particular strikes, lockouts, official orders, etc., even if they occur at our suppliers, we shall not be responsible even in the case of bindingly agreed deadlines and dates. They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period or to withdraw from the contract in whole or in part because of the part not yet fulfilled. We undertake, however, to notify the customer immediately in writing of the occurrence of this exception.

4.4 If the impediment lasts longer than three months, the purchaser shall be entitled to withdraw from the contract with regard to the part not yet fulfilled after setting a reasonable period of grace. If the delivery time is extended or if we are released from our obligation to deliver or perform, the customer may not derive any claims for damages from this.

4.5 Compliance with our delivery obligation shall be subject to the timely and proper fulfillment of the obligations of the Purchaser. We reserve the right to plead non-performance of the contract.

4.6 If the customer is in default of acceptance or violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenses incurred. We reserve the right to assert further claims.

4.7 If, in the event of default in acceptance, the customer does not comply with a written request for acceptance within a reasonable period of time, we shall be entitled to refuse performance of the contract and to claim damages for non-performance. In this case, we shall be entitled to demand either a flat rate of 20% of the agreed gross purchase price as compensation for damages or to demand compensation from the customer for the actual damage incurred. In the event of a demand for lump-sum damages, the Purchaser shall be entitled to prove that we have only suffered a lesser loss.

4.8 If the conditions of para. 4.6 are met, the risk of accidental loss or accidental deterioration of the object of sale shall pass to the customer at the point in time at which the customer is in default of acceptance or debtor's delay.

4.9 Partial deliveries and partial services are permissible unless the partial delivery or partial service is of no interest to the Customer.

5 Shipping conditions - transfer of risk

5.1 Insofar as the shipment is not carried out by our own vehicles, all shipments shall be at the risk of the purchaser, who shall also be responsible for insuring the goods. The transfer of risk shall take place at the time the goods are handed over by us to the shipping agent or the customer.

5.2 Visible transport damage must be claimed in writing immediately upon acceptance of the goods, hidden transport damage must be claimed in writing within 7 days of discovery at the latest from us or from the delivering shipping agent.

5.3 In the event of shipment by us, we reserve the right to choose the shipping route and the shipping method.

6 Liability for defects

6.1 The warranty period for Purchasers shall be 12 months for newly manufactured items; it shall commence upon delivery of the goods. A warranty for used items is excluded. These limitation periods shall also apply to all claims for damages in connection with a defect.

6.2 The Purchaser shall be obliged to inspect the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB); if the Purchaser fails to comply with these obligations, the legal consequences set forth therein shall apply.

6.3 However, § 377 HGB shall also apply between us and the customer if the customer is within the meaning of § 14 BGB and the order is placed in the exercise of a commercial or independent professional activity.

6.4 Furthermore, irrespective of § 377 HGB, the customer shall be obliged to notify us in writing of any obvious defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim shall be excluded. Timely dispatch shall be sufficient to meet the deadline.

6.5 The Purchaser shall bear the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

6.6 Claims for defects shall not exist in the event of only insignificant deviation from the agreed quality or only insignificant impairment of usability.

6.7 In the event of a defect in the purchased goods for which we are responsible, we shall be entitled - in deviation from Section 439 (1) of the German Civil Code (BGB) - at our discretion either to rectify the defect or to make a replacement delivery. The expenses necessary for the purpose of subsequent performance shall be borne by the Purchaser insofar as they are increased by the fact that the delivery item is taken to a place other than the Purchaser's place of business, unless the transfer is in accordance with its intended use.

6.8 If two attempts at repair or replacement fail, the Purchaser shall be entitled, at its option, to rescind the contract or to demand a corresponding reduction of the purchase price. Further claims of the purchaser are excluded. This applies in particular to claims for damages by the purchaser. The warranty does not cover natural wear and tear or damage caused either by improper handling, faulty assembly or commissioning by the Purchaser or third parties.

6.9 Complaints cannot be accepted if the goods are second choice, special items or goods marked as used and the usability of the goods is not decisively impaired. Defects taken into account at the time of purchase cannot be asserted as a complaint. Complaints due to impairments that are unavoidable according to the state of the art do not constitute defects, as the cause is neither material- nor production-related. The same shall apply to minor deviations in quality, weight, size, thickness, width, finishing, patterning and color, insofar as these are permissible on the basis of valid standards.

6.10 Insofar as the purchaser asserts rights from the recourse provisions of §§ 478, 479 BGB, we exclude liability for damages.

7 Other liability

7.1 We shall be liable in cases of our own intent or gross negligence or the intent or gross negligence of a representative or vicarious agent in accordance with the statutory provisions. Otherwise, we shall only be liable under the Product Liability Act, for injury to life, limb or health or for culpable breach of material contractual obligations. However, the claim for damages for the violation of essential contractual obligations shall be limited to the foreseeable damage typical for the contract. Our liability - irrespective of the legal grounds - shall also be limited in cases of gross negligence to the foreseeable damage typical for the contract.

7.2 However, liability for damage caused by the delivery item to legal assets of the customer, e.g. damage to other property, shall be excluded altogether. This shall not apply in the event of intent or gross negligence or in the event of liability for injury to life, body or health.

7.3 The provisions of Clauses 7.1. and 7.2. above shall apply to damages in addition to performance and damages in lieu of performance, irrespective of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or tort. They shall also apply to claims for reimbursement of futile expenses.

8 WARRANTY

The warranty period for the goods delivered and/or services rendered by LACOS shall be twelve (12) months. The warranty period shall commence on the day of delivery. LACOS shall only be liable for defects of which LACOS has been notified within the warranty period and for which the client can prove that they occurred within the warranty period as a direct result of faulty manufacture and/or use of defective material.  LACOS shall only be obliged to replace or repair the defective product free of charge. The choice shall be at LACOS's discretion. All costs, including transportation costs, incurred in connection with repairs or replacement on site shall be borne by LACOS. Before commissioning repairs, replacement or maintenance work by third parties, the client shall always require the express written approval of LACOS. Failure to do so shall invalidate the warranty.  Defects caused by normal wear and tear, improper handling, inappropriate or incorrect maintenance or repairs/replacement by third parties or similar circumstances are excluded from the warranty.

9 Retention of title

9.1 We retain title to the object of sale until receipt of payment of the claim arising from the specific delivery (in the case of payment by check or bill of exchange until redemption) (simple retention of title). In the event of a breach of duty by the customer, in particular in the event of default in payment, we shall be entitled, even without setting a deadline, to demand the return of the delivery item and/or to withdraw from the contract. In such cases, the customer shall be obliged to surrender the goods without delay. Our demand for surrender of the delivery item shall not constitute a declaration of rescission unless this is expressly declared.

9.2 In addition, we agree to a security interest for all further goods delivered by us and already paid for on account of all claims still existing from the business relationship. The handover of the goods shall be replaced by the fact that the customer is entitled to possession of the goods free of charge (constitutive right of possession).

9.3 The Purchaser shall be obliged to treat the purchased goods with care. In particular, he shall be obliged to sufficiently insure them at his own expense against fire, water and theft at replacement value.

9.4 In the event of seizures and other interventions, the Purchaser shall notify us in writing without delay so that we can take legal action in accordance with § 771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is in a position to reimburse the court and out-of-court costs of an action pursuant to § 771 ZPO, the Purchaser shall be liable for the loss incurred by us.

9.5 The customer shall be entitled to resell the purchased goods in the ordinary course of business; however, he hereby assigns to us all claims in the amount of the final invoice amount (incl. VAT) of our claim accruing to him from a resale against his customers or third parties, irrespective of whether the purchased goods have been resold without or after processing. The assignment shall be made in order to secure all our claims against the Purchaser, insofar as the claim is not secured by simple retention of title pursuant to Section 9.1.
is secured. The purchaser shall remain authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to collect this claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, as long as no application for the institution of insolvency proceedings has been filed or payments have not been suspended. If this is the case, however, we may demand that the customer discloses the claims assigned to us to the debtors, provides all information required for collection, hands over the associated documents and informs the debtors (third parties) of the assignment. In addition, the customer authorizes us already now to notify the debtors of the transfer of claims in his name and on his behalf.

9.6 The processing or transformation of the object of sale by the customer shall always be carried out on our behalf. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, incl. VAT) to the other processed objects at the time of processing. In all other respects, the same shall apply to the item created by processing as to the purchased item delivered under reservation of title.

9.7 The Buyer shall also assign to us the claims to secure our claims against him which arise against a third party as a result of the connection of the object of sale with a plot of land.

9.8 We undertake to release the securities to which we are entitled at the request of the customer to the extent that the realizable value of our securities exceeds the claims to be secured by more than 20%; the selection of the securities to be released shall be incumbent on us.

10 Additional conditions for assembly and repair work

10.1 The basis for all installation work to be carried out by us shall be the working drawings
drawings approved by the purchaser. The assembly work shall be handed over in a clean condition. Fine cleaning shall be the responsibility of the builder or the customer.

10.2 In the event of dimensional tolerances that do not comply with the VOB or DIN regulations, overhead costs must be charged for any additional work performed. Charges shall be made on an hourly basis at our hourly rates valid at the time. All additional services to be rendered or additional expenses, such as adaptation work, special ceiling and wall connections, etc., will be invoiced separately. Expenses due to obstructions caused by other craftsmen, installation postponements, etc., will be charged according to time spent.


11 Applicable law

Contractual relationships to which these Terms and Conditions of Sale and Delivery apply shall be governed by the laws of the Federal Republic of Germany - the provisions of the United Nations Convention on Contracts.

12 Place of Jurisdiction - Place of Performance

12.1 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law or a special fund under public law, the competent local court for our place of business or, at our option, the competent chamber of commerce of the regional court for our place of business shall have jurisdiction. However, we shall also be entitled to sue the customer at the court having jurisdiction over his place of business or residence.

12.2 Unless otherwise stated in the order confirmation, our place of business shall be the place of performance.

13 Data protection

By the conclusion of the contract the orderer explains his agreement with the fact that LACOS stores, processes and uses the personal data entered by the orderers, in order to accomplish the order. Provided that the orderer on the order form explained its agreement, LACOS is also entitled to transmit these data, if they can be transmitted in accordance with the legal regulations, to other companies of LACOS, in order to send to the orderer occasionally information about other products and services, which could be of interest for this. The orderer is entitled to require information about extent and purpose of the data processing and designation of further receivers of the data, to contradict the use or transmission of its data for advertising purposes (block indicator) as well as to require information, correction, blockage or deletion of its stored personal data.


14 Scope of application

The preceding sales and delivery conditions are valid from 01 May 2005.
LACOS GmbH
LACOS AgSystems GmbH

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at ec.europa.eu/odr.
We are willing to participate in dispute resolution proceedings before consumer arbitration boards.

LACOS TELEMATICS PACKAGE: TERMS AND CONDITIONS

Last updated: January 5, 2026

IMPORTANT NOTICE

YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU:

ORDER, PAY FOR, OR USE THE LACOS TELEMATICS PACKAGE, WHICH CONSISTS OF THE TELEMETRY PORTAL (LICENSED TO YOU AND REQUIRING A SUBSCRIPTION) AND THE TELEMATICS DEVICES.

THESE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, ANY REMEDIES AVAILABLE TO YOU, AND EXCLUSIONS OF OUR LIABILITY TOWARD YOU. PLEASE PAY PARTICULAR ATTENTION TO THE PRIVACY POLICY ON THE LACOS WEBSITE AND SECTION 10, “OUR LIABILITY TO YOU.”

USE OF THE LACOS TELEMATICS PACKAGE REQUIRES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THE FOLLOWING MAY NOT BE PROVIDED: i) THE TELEMATICS DEVICE, ii) THE GRANTING OF THE LICENSE TO USE THE TELEMETRY PORTAL, AND iii) THE USE OF OR ACCESS TO THE SUBSCRIPTION MAY NOT TAKE PLACE.
YOU ARE AWARE THAT BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE LEGALLY BOUND BY THEM.

1. SUBJECT MATTER OF THE TELEMATICS PACKAGE

1.1 The LACOS Telematics Package consists of one or more telematics devices that, once connected to vehicles or agricultural machinery, can be linked to a telemetry portal for vehicle and fleet management. The telemetry portal allows for the geolocation of vehicles assigned to it, as well as additional, partially configurable analyses of specific vehicle operating data. For these purposes, vehicles connected to the telemetry portal transmit the collected operating, location, and control data (“telemetry data”) to LACOS.

1.2 These Terms and Conditions constitute a legal agreement between you and LACOS GmbH (“LACOS,” “we,” “us,” or “our”) regarding:

1.2.1 a license to use a telematics-data-based software application for internet-enabled computers or mobile devices ( “LC:FLEETNAV-web”), the functions of which are made available to you via a subscription (“Subscription”), as well as
LACOS 2

1.2.2 the provision of separate telematics devices that are to be connected to your vehicles via ISOBUS or CAN bus-based operational data collection and, depending on the configuration, additionally include an LTE radio module (internet connectivity) and a GPS module (receiver for geolocation) (each referred to as “components of the LC:TRACKER product group,” “LC:ONE,” or “telemetry components”).

collectively referred to as the “LACOS Telematics Package.” The Customer and LACOS are each also referred to as a “Party” and collectively as the “Parties.”

We provide separate information at www.lacos.de/datenschutz regarding the personally identifiable data processed in connection with the use of the LACOS Telematics Package (“Privacy Notice”) as well as under Privacy.

1.3 The full range of functions of LC:FLEETNAV-web can only be utilized if the telemetry portal is connected to the components of the LC:TRACKER or LC:ONE product group. LC:ONE includes, among other things, the functions of an LC:TRACKER, so that, unless otherwise specified, provisions regarding LC:TRACKER also apply to LC:ONE.

1.4 The user license for the telemetry portal is granted in accordance with these LACOS Terms and Conditions. The telemetry portal is not the subject of a purchase agreement. 1.5 Compatibility requirements: To use LC:FLEETNAV -web, a computer connected to the Internet or a suitable mobile device with a current web browser (recommended: Chrome, Firefox) and at least 1 Mbit/s of available bandwidth is required. Furthermore, the functions of the LC:FLEETNAV-web telemetry portal can only be used if an LC:TRACKER or an LC:ONE activated and connected to your vehicle has the Internet connectivity required for data transmission . This is only possible in areas where the mobile network provider we use has the necessary coverage, network capacity, and reception. The telemetry components which use your vehicle’s location information, only function if GPS satellite signals are available at that location without interference and are compatible with your vehicle’s electrical system. Other operational data recordings by the telemetry components must likewise be compatible with the machines or vehicles you plan to connect. You are obligated to ensure the availability of sufficient . LACOS can only guarantee the compatibility of the telemetry components if we have been expressly informed in writing of such compatibility. LACOS assumes no liability for errors and/or damages attributable to a lack of fitness for use.
LACOS 3

1.6 These Terms and Conditions apply to entrepreneurs, legal entities under public law, and special funds under public law within the meaning of Section 310(1) of the German Civil Code (BGB) regarding the use of the services associated with the telematics package. Entrepreneurs within the meaning of these Terms and Conditions are natural persons, legal entities, or partnerships with legal capacity acting in the course of their commercial or self-employed professional activities, Section 14(1) BGB. The version valid at the time of your order shall apply. Rights to which we are entitled under statutory provisions beyond these General Terms and Conditions remain unaffected.

2. AMENDMENTS TO THESE TERMS OF USE

2.1 These Terms and Conditions may be updated at any time, in particular to comply with changes in the law or in connection with new products, services, or apps that we may offer, or for other reasons. These Terms of Service may be amended at any time by means of a notice of change, which will be displayed to you, for example, the next time you launch the LC:FLEETNAV-web, and you may be required to read and accept them in order to continue using the LACOS telematics package.
If we make changes to these Terms of Service, you may be asked to confirm your agreement to the new Terms and Conditions. If you do not agree to the new Terms and Conditions, your subscription to LACOS will be suspended, and no further personal data will be collected or processed. You have the option to contact us to instruct us to delete all information attributable to you or your employee that we previously recorded, for example, from your LC:TRACKER.

2.2 In the event of changes that adversely affect you, you will receive notice at least 14 days before such changes take effect. 2.3 With regard to your use of LACOS telemetry components, we will not retain a copy of these Terms and Conditions. A link to the current version of the Terms and Conditions will remain available via the LC:FLEETNAV-web telemetry portal.

3. OWNERSHIP AND OPERATION OF THE LC:FLEETNAV-web TELEMETRY PORTAL

3.1 You acknowledge that all intellectual property rights in LC:FLEETNAV-web, LC:ONE, and LC:TRACKER, as well as in any documents related thereto or in the technology used or supported by their functions, are provided by us and are our property or the property of our licensors; these rights to LC:FLEETNAV-web are licensed (not sold) to you, and that, with the exception of the right to use LC:FLEETNAV-web, the documents, or the technology in accordance with these Terms and Conditions or other rights provided by law, you have no rights thereto.

3.2 You acknowledge that you are not authorized to access the telemetry portal in source code form.

4. FORMATION OF A CONTRACT FOR PAID USE OF THE TELEMATICS PACKAGE AS A SUBSCRIPTION

4.1 By ordering individual telemetry components via our online form at www.lacos.eu, in writing, or by phone, you are submitting an offer to us to enter into a purchase agreement. If we do not accept an order, we will notify you via email.

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4.2 The purchase contract is only concluded after we have sent you an order confirmation via email and you have confirmed it with your signature and returned it to us. Upon receipt of your confirmation for the subscription to the LACOS Telematics Package

4.2.1 a legally binding contract is concluded between you and us; and

4.2.2 the LACOS Telematics Package is made available to you and your subscription begins.

4.3 The fees to be paid are due in advance, for one year at a time, in accordance with the currently valid price list. Excluded from this are fees that are billed in arrears according to the price list or as a one-time purchase. The payment obligation begins on the first day of the full month following the month in which LACOS made the service available (“Subscription”).

4.4 The price to be paid for the LACOS telematics package or, if applicable, for individual components of the LC:TRACKER or LC:ONE product group, as well as fees for data volumes provided, is the price quoted to you in a written offer. The available payment methods are listed in the offer.

4.5 In the event of late payment, LACOS is entitled to block access to telemetry components. You remain obligated to pay the agreed-upon costs in full. You may only offset LACOS’s payment claims with undisputed claims, claims that are ready for decision in court proceedings, or claims that have been legally established. The customer is only entitled to a right of retention based on claims arising from the same contractual relationship.

4.6 LC:TRACKER and LC:FLEETNAV-web work together as a package to provide the functionality of LC:FLEETNAV-web listed in Section 6. To use these features of your subscription, you must

4.6.1 have LC:TRACKER devices activated by us;

4.6.2 or allow an authorized LACOS dealer or partner to activate LC:TRACKER with us;

4.6.3 connect your LC:TRACKER devices to your vehicles in accordance with our instructions (your vehicles must have a functioning electrical system);

4.6.4 access the URL of our telemetry portal LC:FLEETNAV-web on your internet-enabled device, using the account credentials provided to you upon purchase of a subscription;

4.6.5 read and agree to these Terms and Conditions (for the LACOS Telematics Package).

4.7 You will not be able to access and use the full range of LACOS features unless an LC:TRACKER activated by us has been correctly installed in your vehicle and your account is linked to the LC:FLEETNAV-web via the LC:TRACKER installed in your vehicle. Depending on the agreed scope of the telematics package, LC:TRACKER can also be used without the LC:FLEETNAV-web telemetry portal.

4.8 You may use the LACOS telemetry package for up to one year after the start of your subscription (“Contract Term”), unless your subscription has been terminated earlier by you or by us in accordance with these Terms and Conditions.

4.9 UNLESS YOU HAVE EFFECTIVELY TERMINATED THE SUBSCRIPTION AT LEAST THREE MONTHS BEFORE THE END OF THE CONTRACT TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL YEAR AUTOMATICALLY FOR ANOTHER YEAR.

4.10 We may send you an email or other notice prior to the automatic renewal of your subscription under these Terms and Conditions to inform you that your subscription term is ending. Please follow the instructions in the email or contact us if you do not wish your subscription to be automatically renewed.

4.11 You agree to use the LACOS Telemetry Package in accordance with these Terms and Conditions.

4.12 CORE FUNCTIONS OF THE LACOS TELEMETRY COMPONENTS
The core functions are subject to individual agreement and can be partially configured and customized by you in LC:FLEETNAV-web. Core functions include, among others:

4.12.1 Localization of active LC:TRACKERS in the LC:FLEETNAV-web via GPS and logging of elapsed times, distances, and routes for each defined vehicle or machine activity

4. 12.2 Geomapping of fields or other locations relevant to you via GPS to identify possible predefined vehicle or machine activities or, for example, route planning

4.12.3 Collection and processing of fixed vehicle or machine information

4.12.4 Role and rights concept storable in the telemetry portal for independent user management

4.12.5 Collection and processing of operational data for vehicles or machines or their usage, depending on the machine type and scope of available sensor technology and its integration into the LC:TRACKER

5. LC:TRACKER

5.1 If you require a replacement for the LC:TRACKER (e.g., due to loss or damage to your existing LC:TRACKER), we will provide you with all specific costs for the LC:TRACKER (including shipping costs) upon request.

5.2 We will provide you with the estimated delivery date for the LC:TRACKER during the ordering process.

5.3 If the provision and/or separately agreed installation of the LC:TRACKER is delayed by an event beyond our control, we will notify you as soon as possible and take measures to minimize the impact of the delay. If we do so, we shall not be liable for delays caused by the event.

5.4 In the event of a delay in the delivery or separately agreed installation of the LC:TRACKER, you are entitled to assert your statutory rights.

5.5 You become the owner of the LC:TRACKER as soon as any applicable payment has been received.

5.6 If necessary, updates or modifications to the LC:TRACKER by us may be required (in particular, firmware updates or replacement of the LC:TRACKER) in order to:

5.6.1 comply with changes in relevant laws and regulatory requirements, as well as

5.6.2 make minor technical adjustments and improvements, for example in connection with security threats.
You agree that LACOS may remotely modify or update the LC:TRACKER or, if applicable, other LACOS telemetry components in your vehicle without further notice or consent.

6. APPROPRIATE USE AND LICENSE RESTRICTIONS

6.1 You agree:

6.1.1 not to copy LACOS telemetry components, unless this is necessary for the purpose of data backup or operational security;

6. 1.2 not to rent, lease, sublicense, lend, translate, combine, adapt, alter, or modify LACOS telemetry components;

6.1.3 not to make any changes or modifications to LACOS telemetry components or to permit LACOS telemetry components, in whole or in part, to be combined with or integrated into other programs; and

6.1.4 not to disassemble, decompile, or reverse-engineer LACOS telemetry components, nor to create derivative works based on all or part of the LACOS telemetry components; unless we have separately and expressly agreed otherwise with you.

6.2 You are not authorized to:

6.2.1 use LACOS telemetry components or any of their functions in an unlawful manner, for an unlawful purpose, or in a manner inconsistent with these Terms and Conditions, or to act fraudulently or maliciously, for example by hacking into or introducing malicious code, including viruses, or harmful data into the telemetry components, the LC:TRACKER, or any other operating system used to access LACOS telemetry components;

6.2.2 infringe upon our intellectual property rights or those of third parties in connection with the use of the LACOS Telemetry Components or any of their functions;

6.2.3 transmit defamatory, offensive, or otherwise objectionable materials in connection with your use of LC:FLEETNAV-web or any of its functions;

6.2.4 to use LACOS telemetry components or any of their functions in a manner that could damage, disable, overburden, impair, or interfere with our systems or security, or disrupt other users; as well as

6.2.5 to collect information or capture data from the individual components of the LACOS Telemetry Components or our other systems, or to attempt to decrypt transmissions to or from the server(s) on which LACOS Telemetry Components are running, unless expressly provided for by law.

7. LIMITED WARRANTY

7.1 We warrant for the term of the agreement that the LC:FLEETNAV-web:

7.1.1 when used properly in a web browser for which it was developed (see Section 1.5), is compatible with the LC:TRACKER correctly installed in your vehicle, and

7.1.2 can be operated substantially in accordance with the core functions described in these Terms and Conditions.

7.2 This warranty applies in addition to your rights regarding software that is defective or does not conform to the description.

7.3 We will take all reasonable steps to ensure that LC:FLEETNAV-web is free from viruses, disruptions, hacker attacks, damage, or other security-related intrusions.

7.4 In the event of performance-related issues affecting the LC:FLEETNAV-web, we will take reasonable steps to mitigate such issues and restore access to the LC:FLEETNAV-web as soon as possible.

7.5 If the LC:FLEETNAV-web has a defect or error that prevents you from using your subscription, we will attempt to resolve it. If LC:TRACKER has a defect or error (not caused by you) that prevents you from using your subscription, please contact us so that we can resolve the issue and/or provide you with a suitable replacement.

8. CANCELLATION AND REFUNDS

OUR RIGHTS TO TERMINATE

8. 1 If applicable, we will notify you in writing that the provision of the LACOS Telematics Package is to be discontinued prior to the expiration of the contract term. We will notify you at least 30 days prior to our intended termination of your subscription and refund all amounts you have prepaid for periods between the date of termination of the subscription and the expiration of the contract term (if applicable), during which the LACOS Telematics Package will not be available.

8.2 We may terminate your LACOS Telematics Package and your rights under these Terms and Conditions at any time and without entitlement to a refund by written notice if:

8.2.1 You materially breach these Terms and Conditions at any time;

8.2.2 you provide us with false information or withhold important information regarding your use of the LACOS Telematics Package;

8.2.3 you infringe upon our rights or the rights of third parties to LC:FLEETNAV-web or LC:TRACKER, or

8.2.4 You attempt to defraud us or act dishonestly toward us.

8.3 In the event that LC:TRACKER causes malfunctions in your vehicle, or if we have reason to believe that the telemetry portal poses a threat to your safety and/or the safety of LACOS, we may uninstall or deactivate the telemetry components as necessary and will promptly inform you of the appropriate remedial action. Your statutory rights remain unaffected by this.

8.4 If we suspend your rights under these Terms and Conditions due to a serious breach of these terms by you, you are obligated to cease using the LACOS Telematics Package, and we may revoke your access to LC:FLEETNAV-web if necessary. Please note that in the event of a very serious breach of these Terms and Conditions by you, LACOS is entitled to permanently block your access to the telemetry portal and generally revoke your access to it.

9. DATA PROTECTION

9.1 LACOS uses collected personal data for its own purposes for research and analysis within the scope of its legitimate interest in improving LACOS products and services, developing new features, and fulfilling its product monitoring and safety obligations. Where possible, the use of this data for these development, research, and analysis purposes is, where possible, pseudonymized or anonymized for statistical evaluations in aggregated form.

9.2 Further information regarding personal data that we may collect via LACOS telemetry components, how we process this data, to whom we disclose it, and your rights regarding this data can be found in our Privacy Notice.

9.3 Our Privacy Notice is for informational purposes only and does not form part of these Terms and Conditions. It explains how we and the recipients designated by us process personal data that we collect about you or that you provide to us via the LC:FLEETNAV telemetry portal or components of the LC: TRACKER or LC:ONE product group.

9.4 Your specific obligations as the data controller under data protection law when selling your vehicle connected to LACOS telemetry components

9.4.1 You are responsible for taking all necessary measures to ensure your access to the LC:FLEETNAV-web, including an internet connection and access to a device with a web browser to access the telemetry portal.

9.4.2 If you sell your vehicle, you must disconnect the LC:TRACKER from your vehicle before it is sold. You can disconnect the LC:TRACKER from your vehicle yourself at any time and free of charge.

9.4.3 If you wish to sell the LC:TRACKER, you must inform us in a timely manner. Only then can LACOS ensure that telemetry data from third parties is not collected unlawfully in your account and made accessible to you.

9.4.4 We will immediately cancel your subscription, thereby deactivating the LACOS telematics package, if you fail to disconnect the LC:TRACKER from your vehicle before selling it and we become aware of this.

9.4.5 If we suspend your LACOS subscription in accordance with this Section 9.4.4, but you remain the owner of the vehicle connected to LACOS, you have the option to restore connectivity in accordance with the instructions provided to you in the order confirmation or after consulting with us.

9.4.6 Further information regarding how your data may be processed after you have canceled your subscription can be found in our Privacy Notice.

9.5 Your general obligations as a data controller when using the LACOS Telematics Package

9.5.1 When using the LACOS Telematics Package, personal data may be processed, for example when you manage vehicles driven by other people or use functions to collect working time data.

9.5.2 To the extent that the data subjects affected by this data processing are located in the European Economic Area and personal data is within your sphere of influence and control, and the EU General Data Protection Regulation (“GDPR”) applies, you acknowledge (and, if applicable, also as a representative of a third party on its behalf) and agree, unless otherwise agreed, that LACOS operates the telemetry portal as a processor within the meaning of Art. 4(8) GDPR on your behalf as the controller under Art. 4(7) GDPR.

9.5.3 This data processing is based on the following Data Processing Agreement.

9.6 Data Processing Agreement pursuant to Art. 28(3) Sentence 1 GDPR for customers based within the EEA

9.6.1 To the extent that LACOS is a processor or subprocessor of the Customer’s personal data, and both parties as well as the processed data are subject to the GDPR, the Customer and LACOS agree that the standard contractual clauses adopted by the European Commission in Implementing Decision (EU) 2021/ 915 of July 4, 2021, and published here at eurlex.europa.eu/legal -content/DE/TXT/HTML/?uri=CELEX:32021D0915, pursuant to Art. 28(7) GDPR (hereinafter referred to as “Standard Contractual Clauses”), shall be incorporated into the contract by reference for the duration of the contract and shall form an integral part of the contract as follows:

a. This Data Processing Agreement (hereinafter also referred to as the “DPA”) based on LACOS’s Standard Contractual Clauses for the Customer is an integral part of the contract for the use of the telematics package and enters into force upon the commencement of the contract. In the event of a conflict between the provisions of the Contract and the DPA, or in the event of contradictory statements in the Contract and the DPA, the provisions of the DPA shall take precedence over the provisions of the Contract with respect to the respective conflict or contradiction.

b. With regard to the Standard Contractual Clauses, LACOS and the Customer agree that the following provisions shall apply:
i. For the purposes of Clause 1a), Clause 8c) 4), Clause 9.1 b), and Clause 9. 2, OPTION 1 applies in each case: The Standard Contractual Clauses are intended to ensure compliance with Regulation (EU) 2016/679;
ii. For the purposes of Clause 7.7 (Use of Subprocessors), OPTION 2 applies: GENERAL WRITTEN AUTHORIZATION. The processor has the general authorization of the controller to engage subprocessors listed in an agreed-upon list (see letter i. below). The processor shall notify the controller at least thirty (30) business days in advance via email of any intended changes to this list regarding . the addition or replacement of subprocessors;

c. Annexes I–IV of the Standard Contractual Clauses shall be deemed supplemented by the information and references listed below.
Name of the Controller: The customer’s company name as specified in the order;

Address of the Controller: The Customer’s address as specified in the order;

Name, position, and contact details of the Controller’s contact person: The contact details as specified in the order;

Name and address of the data processor: LACOS GmbH, Industriestraße 9, 07937 Zeulenroda-Triebes

Name, position, and contact details of the data processor’s contact person: The contact details of the LACOS employee, as provided to the customer in the order confirmation;

Type of processing:

As a data processor, LACOS provides the customer with the LACOS Telematics Package service (SaaS) and provides support in this regard;

Subject matter and purpose of the processing, data subjects, categories of personal data:

• Collection, recording, organization, structuring, storage, retrieval, consultation, use, disclosure, restriction, erasure, or destruction of personal data in connection with the provision, maintenance, and support of the Telematics Service;
• Data subjects: Agricultural machinery operators and users of the service designated by the customer;

Categories of personal data:

• Company data: e.g., company name, location, contact information for notifications, organizational unit,
• Vehicle or machine data: e.g., make, model or type, working width, stored maintenance interval data, e.g., parking, transport, field, and idle times, and, if applicable, distance traveled, mapped tracks,
• location data per vehicle or machine or, if applicable, including employees
• working time data
• GPS -based field data: e.g., fields uploaded by the customer as GPS polygons, field name, area size, mapping of fields on a map, additional assigned properties, defined geofence areas for specific vehicles or machines
• User profile data: e.g., username, first and last name, email address, assigned role, password hash, login times, source IP address, selected time zone, language
• Data regarding the telemetry unit: e.g., serial number, eSIM number, assigned machine, signal strength, and status data of the telemetry unit, configuration or modes
• Duration of processing: The duration of processing corresponds to the term of the contract;

Technical and organizational measures taken by the data processor, including those to ensure data security: LACOS makes a current and previous version available here: www.LACOS.eu/TOM

List of sub-processors: Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany (data center operator for the LC:FLEETNAV-web service);

10. OUR LIABILITY TOWARD YOU

10.1 The liability provisions set forth in our Terms and Conditions apply, unless otherwise specified in the General Terms and Conditions of Contract (AVV).

10.2 Your statutory rights remain unaffected by these Terms and Conditions.

11. EVENTS BEYOND OUR CONTROL

11.1 We or any of our affiliated third-party providers that supply you with LACOS telematics components shall not be liable for any failure to perform or delay in performing any of our obligations arising from these Terms and Conditions that is caused by events for which we are not responsible. This applies in particular to:

11.1.1 the failure of public or private telecommunications networks;

11.1.2 the failure of the core functions of the LC:TRACKER due to the absence of a GPS signal or an internet connection resulting from a failure of telecommunications networks or as a result of a severe collision that has damaged the entire LC:TRACKER or a part thereof, such that no transmission of information to LC:FLEETNAV-web is possible;

11.1.3 the failure of LC:FLEETNAV-web to provide the functionalities listed in Section 6 (such as a failure of LC: FLEET-NAV-web to notify you that your vehicle is outside the set geofence, or to provide an accurate trip analysis) due to: the absence of a GPS signal, lack of an internet connection, adverse weather conditions, or as a result of a severe collision that has damaged the entire LC:TRACKER or a part thereof, or an intermediate system (including your phone) to such an extent that the transmission or reception of information is no longer possible, or due to a failure of telecommunications networks or a similar event (“Event Beyond Our Control”).

11.2 If an Event Beyond Our Control occurs that affects the fulfillment of our obligations under these Terms and Conditions, the following shall apply:

11.2.1 Our obligations arising from these Terms and Conditions shall be suspended, and the time for the fulfillment of our obligations shall be extended by the duration of the Event Beyond Our Control;

11.2.2 Notwithstanding the occurrence of an event beyond our control, we will make reasonable efforts to find a solution to fulfill our obligations under these Terms and Conditions.

12. GENERAL

12.1 We are entitled to transfer our rights and obligations arising from these Terms and Conditions to another company; however, such transfer shall not affect our rights and obligations arising from these Terms and Conditions.

12.2 You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree to this in writing.

12.3 These Terms and Conditions are agreed between you and us. Third parties have no rights or remedies under these Terms and Conditions.

12.4 Each provision of these Terms and Conditions is effective independently of the others. If a court or competent authority decides that any of these terms is unlawful or unenforceable, the remaining clauses shall remain in full force and effect.

12.5 If we do not insist that you fulfill any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you or delay doing so, this shall not be deemed a waiver of our rights against you nor a release from these obligations. If we tolerate a default on your part, we will do so in writing; however, this does that we automatically tolerate all future breaches.

12.6 The laws of the Federal Republic of Germany shall apply exclusively, to the exclusion of private international law (IPR) and the UN Convention on Contracts for the International Sale of Goods (CISG). This also applies to deliveries abroad.

12.7 To the extent permitted by law, the exclusive place of jurisdiction for all disputes is the registered office of LACOS GmbH.

13. Appendix: EU Data Regulation

13.1 This appendix governs our obligations under the EU Data Regulation. The data covered by this appendix consists of all readily available product data or related service data that pertains to the user as defined by the EU Data Regulation.

13.2 Use of data from connected products and associated services for LACOS purposes in accordance with the EU Data Regulation

13.2.1 The telemetry components are considered a connected product under the EU Data Regulation. For the product data retrieved from them and, for example, the connected service data made available in LC:FLEETNAV -web, LACOS is considered the so-called data controller and is subject to certain legal obligations. You, as the customer, are designated as a user in the EU Data Regulation and have certain rights.

13.2.2 LACOS and you, as the customer, hereby agree that LACOS, as the data controller, may use the non-personal product data and associated service data for the following purposes and may transfer them to companies affiliated with LACOS

13.2.2.1 to fulfill a contract with the user or activities related to such a contract (e.g., issuing invoices, creating and providing reports or analyses, financial forecasts, impact assessments, calculation of personnel benefits);

13.2.2.2 to provide support, warranty, guarantee, or similar services, or to assess claims by the User, the Data Owner, or third parties (e.g., regarding product malfunctions) in connection with the Product or the associated service;

13.2.2.3 for monitoring and maintaining the operation and security of the Product or the associated service;

13.2.2.4 to improve the functioning of the Product or related service offered by the Data Owner;

13. 2.2.5 to develop new products or related services, including artificial intelligence (AI) solutions, by the Data Owner, by third parties acting on behalf of the Data Owner (i.e., where the Data Owner determines which tasks are delegated to these parties and what benefits are derived therefrom), in collaboration with other parties, or through special purpose entities (e.g., joint ventures);

13.2.2.6 to aggregate this data with other data or to create derived data for any lawful purpose, including for the purpose of selling or otherwise making such aggregated or derived data available to third parties, provided that the personal identifiability of this data is excluded.

13.2.3 LACOS may, as the data controller, disclose this data to third parties if such data is used by the third party exclusively to assist LACOS in achieving the aforementioned purposes and LACOS has contractually obligated the third party to limit the use of the data to those purposes.

13.2.4 LACOS undertakes not to use the data to gain insights into the user’s economic situation, assets, and production -production methods of the user, or to gain insights in any other way regarding the user’s use of the LACOS product or the associated services that would undermine the user’s economic position in the markets in which the user operates. LACOS undertakes to ensure, through appropriate organizational and technical measures, that no third party outside its organization uses the data in such a manner.

13.2.5 The User hereby grants LACOS, as the data controller, an irrevocable license to use and disclose the data in accordance with paragraphs 13.2.2–13.2.4.

13.2.6 LACOS may also process personal data provided there is a legal basis for doing so. In particular, personal product and related service data will, where possible, pseudonymized or anonymized to the extent possible in order to develop or improve its own products and services within the scope of legitimate interest and to fulfill its product monitoring and safety obligations. LACOS provides information in its privacy policy at

www.lacos.eu/datenschutz

The customer may object to this processing, for example, by deactivating the telemetry components. LACOS will assist the customer with deactivation upon request.

13.3 Provision of product data and related service data to users or data recipients designated by them in accordance with the EU Data Regulation

13. 3.1 Data controllers must, upon request, make readily available data available to the user free of charge, in at least the same quality as it is available to the data controller, and in any case in a comprehensive, structured, commonly used, and machine-readable format, along with the relevant metadata necessary for the interpretation and use of this data. LACOS provides information in its mandatory disclosures regarding the nature, estimated scope, and frequency of data collection for connected products and associated service data at

www.lacos.eu/dataact.

13.3.2 To the extent the user cannot directly access the data of the product or the associated service pursuant to Art. 3(1) of the EU Data Regulation, the user has the right to obtain such access free of charge from LACOS, as the data controller, upon simple request, via the LC:FLEETNAV-web or another method communicated by the data controller, based on Art. 4 of the EU Data Regulation. Such requests may be directed to info@lacos.eu.

13.3.3 Upon the user’s request, LACOS will also make the data available to a data recipient (the data recipient may be required to pay for such provision by LACOS) . If the user submits such a request, the data controller shall agree with the data recipient on the terms for the provision of the data under fair, reasonable, and non-discriminatory conditions and in a transparent manner in accordance with Chapter III and Chapter IV of the EU Data Regulation.

13.3.4 The User acknowledges that a request pursuant to Section 13.3.3 cannot be made on behalf of a third party who is considered a gatekeeper under Article 3 of Regulation (EU) 2022/1925 and cannot be made in connection with the evaluation of new connected products, substances, or processes that are not yet on the market.

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13.3.5 Data holders and users may use the services of a third party (including a third party providing data intermediary services within the meaning of Art. 2 of Regulation (EU) 2022/868) to enable the user to exercise the rights set forth in 13.3.1. Such a third party shall not be considered a data recipient within the meaning of the EU Data Regulation unless it processes the data for its own business purposes. The party requesting the use of such a third party must inform the other party in advance.

13.3.6 If the data to be provided to a data recipient at the User’s request is considered personal data, there must be, among other things, a valid legal basis for the provision of personal data in accordance with Art. 6 GDPR, and the conditions set forth in the information obligations of Art. 13–14 of the GDPR must be met. The provision of personal data is carried out by LACOS as the customer’s data processor in accordance with the data processing agreement. The user alone remains the data controller responsible for the lawfulness of the provision under data protection law.

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13.3.7 The same applies if a user transfers a right to use the product and/or the associated service to another party (“Additional User”) while retaining their status as a user, for example in the case of a lease. In this case, the Additional User must enter into contractual agreements with the initial user which sufficiently reflect the provisions set forth in these Terms and Conditions, in particular those in this EU Data Regulation Annex. Furthermore, the Initial User shall initially serve as the point of contact for the Additional User if the latter asserts their access rights under the EU Data Regulation. LACOS must be informed immediately by the Initial User of such access requests. The parties shall cooperate in processing these access requests.

13.3.8 If the User culpably breaches its obligations and this breach leads to the unlawful use and disclosure of product or related service data by the Data Owner, the User shall indemnify and hold harmless the Data Owner and defend it against all claims (for damages, injunctions, etc.) made by the subsequent or additional User against the data owner that arise directly from such a breach. The indemnification obligation applies only to the extent that the user is responsible for the legal violation (i.e., in cases of intent or negligence).

13.3.9 Notwithstanding any changes pursuant to Section 2 of the Telematics Package Terms and Conditions, LACOS, as the data owner, may unilaterally change the specifications of the product data or associated service data or the access rules in good faith if this is objectively justified – e.g., a technical change due to a security vulnerability in the infrastructure or other legitimate reasons. In such a case, the User will be informed of the change without delay.

13.4 Permissible Use and Disclosure of Product Data or Related Service Data by the User

13.4.1 The user may use the data provided by the data owner for any lawful purpose at the data owner’s request and/or freely disclose the data subject to the restrictions listed below.

13.4.2 The User hereby undertakes to refrain from the following:

13.4.2.1 using the data to develop a product that competes with LACOS’s connected product, or disclosing the data to third parties with this intent;

13.4.2.2 using this data to derive insights into LACOS’s economic situation, assets, and production methods.

13.5 The rights and obligations under Section 13.2 shall no longer apply if

13.5.1 the Product or the associated service is no longer capable of generating the Data; or

13.5.2 the user transfers ownership of the product, or if the user’s rights with respect to the product under a rental, lease, or similar agreement, or the user’s rights with respect to the associated service, terminate; or

13.5.3 both parties agree to this.

13.6 Liability for Unauthorized Access and Invitation of Additional Users

13.6.1 To access the product data, the customer requires the user ID selected when initially applying for the service. The customer must protect their user ID against unauthorized use by third parties. If the customer makes their user ID available to third parties, the conduct of such third parties shall be attributed to the customer as if it were their own.

13.6.2 If the Customer suspects that third parties are using their access without authorization, they must notify LACOS immediately. Liability for unauthorized access shall only be waived if the Customer proves that they are not responsible for the unauthorized access.

13.6.3 To the extent that the customer makes use of the service’s so-called access rights management to invite additional users to access their data and assigns them a role as admin or user, the customer shall be held responsible for the conduct of these users and all other users whose rights are indirectly attributable to the customer, as if it were their own conduct. If the invited users or other users whose rights are indirectly attributable to the customer register additional products, these users shall act as representatives of the customer, unless the customer acts as a data processor for these additional users.

13.6.4 LACOS may not be aware of the legal and factual relationships of third parties to the product or of the authorization and assignment of user roles to them. Any resulting damages or other violations of data protection laws are not the responsibility of LACOS.

14. Breach of this Annex to the EU Data Regulation, Specific Remedies, and Limitation of Liability

Fundamental Non-Performance

14.1 A party’s failure to fulfill an obligation under this Annex to the EU Data Regulation is fundamental if such non-compliance

14.1.1 would cause substantial harm to the other party; or

14.1.2 the non-performance substantially deprives the aggrieved party of what it was entitled to expect under this Annex, unless the other party did not foresee and could not reasonably have foreseen this result; or

14.1.3 The non-performance is intentional. Excuse for a breach

14.2 A party’s non-performance is excused to the extent that it proves that it is due to an impediment beyond its reasonable control (including cases where the non-performance was caused by the other party’s failure to perform its obligations) and that it could not reasonably have been expected to avoid or overcome the impediment or its consequences. The affected party must ensure that the other party is notified of the impediment and its effects within a reasonable time after the non-performing party became aware of the circumstances or should have become aware of them.
Damages

14.3 If a party claims damages for a breach of its obligations under this Annex, the breaching party shall be liable only for damages that were reasonably foreseeable at the time of conclusion of the relevant contract for a product and/or service—unless the breach was intentional or due to gross negligence.
Specific Remedies (without limiting other remedies available under applicable law)

14.4 In the event that the User has accessed or used data in violation of this Annex or has otherwise breached the provisions of this Annex, the Data Owner may do the following:

14.4.1 require the User to delete all data accessed in violation of this Addendum, along with any copies;

14.4.2 suspend the provision of data to the User until the User complies with its obligations under this Annex, if the User’s failure to comply is material;

14.4.3 terminate the User’s access to the data, provided that (i) the User’s failure to fulfill its obligations is material; and (ii) it is reasonable and lawful for LACOS to take this action under the circumstances.

14.4.4 The User may revoke the consent granted to LACOS to use the Data by notifying the Data Owner if:

14.4.4.1 the data owner’s non-performance is fundamental; or

14.4.4.2 in the event of a non-performance that is not material, the user has notified the data controller and the breach has not been remedied within a reasonable period thereafter.
The user’s withdrawal of consent may result in LACOS being unable to continue providing the service.

14.5 Nothing in this clause limits liability for intent, gross negligence, or injury to life, limb, or health, provided that such liability cannot be excluded under applicable law.

15. Confidentiality

15.1 The following information shall be considered “confidential information”:

15.1.1 Information relating to the other party’s trade secrets, financial position, or other aspects of its business operations, unless the other party has disclosed such information;

15.1.2 Information relating to the User and other protected third parties, unless they have already made such information public;

15.1.3 Information regarding the performance of this Annex, including any related disputes.

15.2 Each party agrees to (i) take all reasonable measures to store the confidential information securely and treat it as confidential; and (ii) not disclose or make such information available to third parties, unless such party:

15.2.1 is legally required to disclose or make available the relevant information;

15.2.2 must disclose or make available the relevant information to fulfill its obligations under this Agreement, and can reasonably assume that the other party (or the party providing the confidential information or affected by its disclosure) consents thereto; or

15.2.3 has obtained the prior written consent of the other party or the party providing the confidential information or affected by its disclosure.

15.3 These confidentiality obligations shall remain in effect for a period of 10 (ten) years following the termination of the Agreement regarding Products and/or Services.

15.4 These confidentiality obligations do not preclude more stringent obligations: (i) under applicable law, including Regulation (EU) 2016/679 (GDPR); or (ii) (if applicable) the provisions of this Annex regarding the protection of trade secrets.

16. Entire Agreement, Amendments, and Severability

16.1 This Annex constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior oral or written agreements and understandings between the parties relating thereto.

16.2 Subject to any amendments permitted under the express provisions of this Annex, any other amendment to this Annex shall only be valid if agreed to in writing by the parties, including in electronic form.

16. 3 Should any provision of this Annex prove to be void, invalid, voidable, or unenforceable for any reason, the remaining provisions shall remain unaffected and shall continue to be valid and enforceable. Any resulting gaps or ambiguities shall be treated in accordance with the following provision.

16.4 This Annex is entered into by the parties in light of the rights and obligations of the parties under the EU Data Regulation. All provisions of this Annex shall be interpreted so as to be compatible with the EU Data Regulation and other EU legislation or national legislation enacted in accordance with EU law, as well as with all applicable national legislation that is compatible with EU law and from which no deviation is permitted by agreement.

17. Dispute Resolution and Governing Law

17.1 The parties shall use their best efforts to resolve disputes relating to this Annex amicably and shall submit their dispute to a court or dispute resolution body in accordance with Article 10 of the EU Data Regulation, provided both parties agree.

17.2 However, the submission of a dispute to a dispute resolution body does not affect the user’s right to lodge a complaint with the competent national authority designated pursuant to Article 37 of the EU Data Regulation, or the right of a party to seek an effective legal remedy before a court in a Member State.

17.3 The terms of this Annex to the EU Data Regulation are governed by the law agreed upon in the General Terms and Conditions mentioned above.