Terms of use for access to the "Used Machinery and Spare Parts Platform ("Used Machinery Platform" and "SpareParts Store") on myWINTERSTEIGER" (2025/09)

1. Customer portal for the used machinery platform

1.1 WINTERSTEIGER Holding AG (hereinafter referred to as "WINTERSTEIGER") provides its customers with the online customer portal "myWINTERSTEIGER" (www.mywintersteiger.com) and the used machinery and spare parts platform integrated into "myWINTERSTEIGER." A prerequisite for use is the consent of each user to these terms of use for the used machine and spare parts platform ("Used Machine Platform" and "SpareParts Store" collectively referred to as "Platform").

2. Access to the platform

2.1 Use without registration

Prospective customers who are not yet WINTERSTEIGER customers and do not yet have access to myWINTERSTEIGER as registered customers can still use the platform. If the prospective customer is interested in specific used machines, they can continue as a "guest" and complete the contact form with their personal data (title, company name, first name, last name, company address) and identification details (email address, phone number), agree to the terms of use and privacy policy, and submit the request. To request spare parts, registration via "myWINTERSTEIGER" is required (see section 2.2).

2.2. Use by registering via "myWINTERSTEIGER"

2.2.1 To use the platform, it is also possible to continue as a registered user. By registering as a user for an existing customer in myWINTERSTEIGER, the customer can also use the platform as a registered user and request used machines and spare parts.

2.2.2 Registration is completed via the invitation link sent to the user by WINTERSTEIGER via email. When the user clicks on this link and enters their personal data (title, first name, last name) and identification details (email address, password, two-factor authentication via cell phone number or authenticator app) and agrees to the terms of use and privacy policy of myWINTERSTEIGER and the platform, the user will be granted access to myWINTERSTEIGER and the platform.

2.2.3 By accepting these Terms of Use, the user confirms that they have been authorized by the customer to use the platform.

2.2.4 Multiple users can be registered for one customer.

2.2.5 Provided that users receive the appropriate authorization from WINTERSTEIGER, they can invite additional users who, after completing their registration, will also have access to the platform for the same customer. The invitation and registration process works as described above.

3. Authorized users, access data, and security

3.1 The identification features used when the authorized user (user) logs in are the email address provided during registration, a password, and an additional authentication factor (a link via email, an SMS to the stored cell phone number, or the use of an authenticator app).

3.2 The user undertakes to keep their identification features, in particular their password, secret and to protect them from access by third parties. Logins should only be approved by the user if they are attempting to log in themselves. The user is obliged to follow any security instructions on the portal.

3.3 Any person who uses these identification features is considered by WINTERSTEIGER to be authorized by the customer to make and receive legally binding declarations. The user is responsible for all actions taken under their identification features and for compliance with the terms of use. This does not apply if the user is not at fault for the misuse of their access data.

3.4 The user must change the password immediately if they suspect that an unauthorized third party has gained knowledge of it. If unauthorized use by third parties is suspected, the user must notify WINTERSTEIGER immediately so that it can block the user account. 3.5 The user must immediately terminate their access to myWINTERSTEIGER or the platform if they are no longer authorized to act on behalf of the customer (e.g., as their employee).

4. Termination

4.1 WINTERSTEIGER is entitled to refuse the user's registration or block the user's access if there is good cause; this applies in particular if (i) there is suspicion of unauthorized or fraudulent use of the access data; there are technical, economic, or security concerns regarding the use of the system; (ii) the user violates the terms of use, does not accept the terms of use or any changes thereto; misuses myWINTERSTEIGER or the platform; no longer works for the customer; commits a material breach of duty; or the customer no longer owns any WINTERSTEIGER machines; or (iii) if WINTERSTEIGER generally discontinues the myWINTERSTEIGER customer portal and the platform.

4.2 If a user account is not used for a long period of time, it can be deleted after prior notification to the last known email address.

4.3 The user may terminate their use of myWINTERSTEIGER or the platform at any time. This can be done either via the customer account in the customer portal or by requesting termination from WINTERSTEIGER customer service (Wintersteigerstrasse 1, 4910 Ried im Innkreis, Tel. +437752919-0, Email office@wintersteiger.com ). In this case, the user's access to WINTERSTEIGER will be blocked.

5. Scope of services of the platform, availability of services

5.1 The scope of services is the provision of the platform on which the range of used machines and spare parts is displayed. This takes place in a personalized area assigned to individual users. The exact and current functions and services are described in the portal itself.

5.2 The platform is an additional service for customers of the WINTERSTEIGER Group and is provided free of charge and until further notice. There is no obligation to provide the platform or certain functions. WINTERSTEIGER reserves the right to change, supplement, or discontinue some or all of the functions and settings of the platform. The user is not entitled to derive any claims whatsoever from this.

5.3 WINTERSTEIGER provides the platform only within the scope of the current state of technology and technical availability. The user acknowledges that WINTERSTEIGER is dependent on third-party providers, including telecommunications network providers and mobile phone providers, and that the functions of the platform may therefore be restricted or interrupted due to factors beyond WINTERSTEIGER's control. In addition, the functions may be temporarily restricted or interrupted due to technical measures such as maintenance, emergency maintenance, updates, or in the event of technical malfunctions such as power outages, hardware or software errors. Therefore, continuous availability and trouble-free functioning of the platform cannot be guaranteed. The occurrence of an interruption or disruption of the Internet connection or the technical availability of the services does not entitle the user to assert claims of any kind whatsoever.

6. Intellectual property

6.1 The platform and its services, functions, and content (such as photos, videos, etc.) are protected by copyright.

6.2 Use of the platform does not grant the user or customer any intellectual property rights to the platform or its services, functions, and content.

6.3 The user shall not take any measures that violate the intellectual property rights of WINTERSTEIGER or third parties to the services, functions, and content provided.

7. Warranty and liability

7.1 WINTERSTEIGER does not guarantee and accepts no liability for the accuracy, completeness, usability, and exploitability of the data and information provided.

7.2 WINTERSTEIGER is not liable for any interruptions or disruptions to the Internet connection or the technical availability of the platform or individual functions.

7.3 WINTERSTEIGER is not liable for damages resulting from misuse of the platform or from the user's negligence with regard to their identification features.

8. Exclusion of the obligation to update

8.1 WINTERSTEIGER is not obliged to provide the customer or user with the latest version of a digital service available at the time of conclusion of the contract.

8.2 WINTERSTEIGER is not obliged to provide the customer or user with updates for digital services and goods with digital elements.

9. Changes to the Terms of Use

WINTERSTEIGER is entitled to amend the Terms of Use. Users will be notified of any changes on the myWINTERSTEIGER portal or platform.

10. Applicable law and place of jurisdiction

Austrian law applies to the use of the platform, excluding the referral provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is the registered office of WINTERSTEIGER.