Data usage agreement

In relation to the use of

the following connected product (the “Product”):
Emergency Call Gateway (GSM / IPG)

and/or

the following related service (the “Connected Service”):
TGE Cloud

this agreement on the access to and use of data generated through the Product and/or the Connected Service (the “Agreement”) is entered into between

Telegärtner Elektronik GmbH, Hofaeckerstr. 18, 74564 Crailsheim, Germany (the “Data Holder”),

and

the company or individual who initially or subsequently activates or operates the Product and/or the Connected Service and thereby accepts these terms (the “User”).

The User declares that they are either the owner of the Product or are contractually entitled to use the Product under a rental, lease, or similar agreement, and/or to receive the Connected Service under a service agreement. Upon request, the User shall provide sufficient proof of such entitlement.

1. Data covered by this Agreement

The data covered by this Agreement comprise all Product Data and Connected Service Data, as defined in Regulation (EU) 2023/2854 on harmonised rules on fair access to and use of data (the “Data Act”), that become available from the start of use (the “Data”). These data are described in further detail in Annex 1.

For the avoidance of doubt, data generated or created prior to 12 September 2025 within the meaning of Article 2(1) of the Data Act (“existing data”) are not considered Data under this Agreement.

The processing of personal data is not affected by this Agreement and remains subject to Regulation (EU) 2016/679 (GDPR) and any applicable data protection laws.

2. Rights of the Data Holder in relation to Non-Personal Data

2.1
The Data Holder is entitled to use non-personal Data generated by the Product and/or the Connected Service in any known or future form of use for the following lawful purposes, in accordance with the principles of the EU Data Act:

(a) performance of contracts concluded with the User, or activities directly related thereto, such as issuing invoices, creating and providing reports or analyses, financial forecasts, and impact assessments;

(b) provision of support, warranty, guarantee, or similar after-sales services, or the assessment of claims in relation to the Product or the Connected Service (for example, in case of malfunction or failure);

(c) maintenance, monitoring, and safeguarding of the functionality, security, and integrity of the Product or the Connected Service, including quality assurance;

(d) improvement of the functionality, efficiency, and reliability of the Product, the Connected Service, and other offerings of the Data Holder;

(e) development of new products or services, including artificial-intelligence-based solutions, either by the Data Holder, by third parties acting on its behalf, in cooperation with partners, or through joint ventures;

(f) aggregation of such Data with other data, or the creation of derived data, for any lawful purpose, including—subject to Recital 25, sentence 5, of the Data Act—the sale or lawful disclosure of aggregated or derived data to third parties.

2.2
The User acknowledges that the rights described under section 2.1 shall also apply to existing data within the meaning of Article 2(1) of the Data Act that were generated prior to 12 September 2025.

3. Disclosure of Non-Personal Data to Third Parties

3.1
The Data Holder may share non-personal Data with third parties where such Data are used by the third party for one or more of the following lawful purposes:

(i) to assist the Data Holder in pursuing the purposes listed under section 2.1;
(ii) to achieve, in cooperation with the Data Holder or through joint ventures, any of the purposes permitted under section 2.1.

3.2
The Data Holder may make use of processing services, including but not limited to cloud-computing, hosting, or other similar services—such as Infrastructure-as-a-Service (IaaS), Platform-as-a-Service (PaaS), or Software-as-a-Service (SaaS)—in order to achieve the purposes specified in section 2.1.
Third parties receiving the Data may also rely on such services to fulfil these purposes, provided that they comply with applicable data protection, confidentiality, and security obligations.

4. Provision of Data

4.1
The Data Holder shall make the Data, together with the relevant metadata required for their interpretation and use, available to the User or to a person acting on the User’s behalf via the TGE Cloud.
Requests for access may be submitted through the sales contact using the form provided in Annex 2.

4.2
Any additional support services relating to the evaluation, processing, or interpretation of the Data shall be subject to separate agreement and remuneration.

4.3
The User shall immediately notify the Data Holder, providing detailed information, if the provision of the Data is, in the User’s view, incomplete or incorrect.
If the deficiency results from an act or omission of the Data Holder or its agents, the Data Holder shall remedy such deficiency within a reasonable period.

4.4
The Data Holder may, acting in good faith, unilaterally amend the specifications of the Data or the access modalities set out in Annex 1 where such amendment is objectively justified — for instance, due to a technical change required to address a security vulnerability in the Product line or Connected Services, or a modification of the Data Holder’s infrastructure.

In such cases, the Data Holder shall inform the User of the modification at least one week prior to its entry into force.
Where the modification may more than marginally affect the User’s access to or use of the Data, the Data Holder shall notify the User at least two weeks in advance.
A shorter notice period shall suffice where, under the given circumstances, a longer notice would be unreasonable or impossible — for example, where immediate changes are required to address a newly discovered security vulnerability.

5. Use of Data by the User

The User may use the Data made available by the Data Holder for any lawful purpose and may share such Data freely, subject to the restrictions set out below.

The User shall refrain from the following:

(a) using the Data to develop a connected product that competes with the Product, or disclosing the Data to a third party for that purpose;

(b) using the Data to derive insights into the financial situation, assets, or production methods of the manufacturer or, as applicable, the Data Holder;

(c) employing any means to obtain access to (additional) data or to circumvent technical measures designed to protect the Data;

(d) disclosing the Data to a gatekeeper within the meaning of Article 3 of Regulation (EU) 2022/1925 (Digital Markets Act).

6. Provision of Data to Data Recipients upon the User’s Request

6.1
Upon the User’s request, or upon the request of a person acting on behalf of the User, the Data Holder shall make the Data — together with the relevant metadata required for their interpretation and use — available to a designated Data Recipient via the TGE Cloud.
The request shall be submitted through the sales contact using the form provided in Annex 3.

6.2
The Data Holder shall provide personal data to a third party only where a valid legal basis exists under Article 6 of Regulation (EU) 2016/679 (GDPR), and where applicable, the conditions under Article 9 of that Regulation and Article 5(3) of Directive 2002/58/EC (ePrivacy Directive) are met.
If the User is not the data subject, the User must indicate in each request the legal basis for the processing of personal data upon which the request is made.

6.3
Where the User submits such a request, the Data Holder shall agree with the Data Recipient on the modalities of data provision under fair, reasonable and non-discriminatory (FRAND) and transparent conditions, in accordance with Chapters III and IV of the Data Act.

7. Change of User / Multiple Users

7.1 Change of User

If the User contractually transfers
(i) ownership of the Product,
(ii) temporary rights of use to the Product, and/or
(iii) rights to access or use the Connected Service
to another natural or legal person (the “Subsequent User”) and thereby ceases to be the User, both parties undertake to comply with the provisions set out in this clause.

The User shall:

(a) transfer all rights and obligations under this Agreement to the Subsequent User as of the date of transfer, ensuring that the Subsequent User grants the Data Holder the same rights of use as specified in section 2.1. The Data Holder hereby gives its prior consent to such assignment of rights;

(b) immediately inform the Data Holder of the transfer and provide the identity of the Subsequent User, including a copy of the assignment agreement.
If no such assignment under (a) takes place, the User shall promptly notify the Data Holder of the refusal, in which case the Data Holder shall refrain from using the Subsequent User’s data or sharing them with third parties under section 3.

The Data Holder’s rights to use Product Data or Connected Service Data generated prior to the transfer remain unaffected.

7.2 Multiple Users

Where the initial User grants another party (the “Additional User”) rights of use to the Product and/or Connected Service while retaining its own User status, both parties shall comply with the provisions of this clause.

The User shall:

(a) include in its agreement with the Additional User, from the date of transfer, contractual provisions on behalf of the Data Holder that effectively reflect this Agreement — particularly section 2.1 regarding the use and sharing of Product and/or Connected Service Data by the Data Holder (the “Flow-Down Provisions”);

(b) act as the primary point of contact for the Additional User in case the Additional User submits a request under Articles 4 or 5 of the Data Act or raises a claim regarding the use or provision of data by the Data Holder under this Agreement.
The Data Holder shall be informed immediately of any such request or claim, and both parties shall cooperate in good faith to resolve the matter.

7.3 User Liability

If the User fails to fulfil its obligations under sections 7.1 or 7.2, resulting in the Data Holder using or disclosing Product Data or Connected Service Data without an agreement with the Subsequent User or Additional User, the User shall indemnify and hold the Data Holder harmless from any claims made by the Subsequent or Additional User arising from such use or disclosure after the transfer.
Statutory rights and remedies remain unaffected.

8. Term and Termination

This Agreement shall remain in force until it is terminated under one of the following conditions:

(a) upon the destruction of the Product, the permanent discontinuation of the Connected Service, or where the Product or Connected Service is otherwise decommissioned or has irreversibly lost its ability to generate Data; or

(b) when the User ceases to own the Product, or when the User’s rights relating to the Product under a rental, lease, or similar contract, or the rights relating to the Connected Service, expire or are otherwise terminated.

Such termination shall not affect any continuing contractual relationship between the Data Holder and any Subsequent or Additional User as defined in section 7.

9. Miscellaneous

This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law provisions.
Unless otherwise provided herein, the General Terms and Conditions (GTC) of the Data Holder shall apply.

Should any provision of this Agreement be or become invalid, or should the Agreement contain an omission, the remaining provisions shall remain in full force and effect.
In place of the invalid provision, or to fill any omission, a valid provision shall apply that most closely reflects the economic intent and purpose of the original clause.

These contractual terms are based on the final proposal of the EU Expert Group on B2B Data Sharing and are subject to the framework of Regulation (EU) 2023/2854 (Data Act).
© European Union, CC-BY-4.0.

Annex

Annex 1: Description of the Data Covered

Product Data

Connected Service Data

Annex 2: Data Access Request Form (by the User)

Annex 3: User Request Form for Third-Party Access to Data