Definition
"User" means any individual or legal entity that accesses, visits, registers for, logs into, or otherwise uses the Siemens Energy Websites and its content, services, information, software, or documentation. Where the Siemens Energy Websites is used on behalf of a company or public enterprise, the User acts as the representative of that entity and is assumed to have the necessary authority and knowledge to do so.
“Terms of Use” – means Section A - General Terms of Use and/or Section B - Commercial Terms of Use, which apply when using the Siemens Energy Website.
Section A – General Terms of Use
Status: Legal Terms of Use
1. Scope
Any use of this Website provided by Siemens Energy AG and/or its affiliates ("Siemens Energy"), "Siemens Energy Website", is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. By logging in or, where login is not required, by accessing or using the Siemens Energy Website, the User accepts these Terms of Use in their then-current version.
Where an online offering is directed at companies or public-sector entities, the User represents that it is duly authorised to act on behalf of the relevant entity and has the knowledge required to use the Siemens Energy Website. Refer to Section B – Commercial Terms of Use for additional details.
Where the User accesses or uses the Siemens Energy Website as a business customer or public-sector customer, and therefore acts for purposes relating to its trade, business, profession or public-administration activities rather than as a consumer, § 312i para. 1 sentence 1 nos. 1–3 of the German Civil Code (BGB) shall not apply.
2. Services
This Siemens Energy Website contains specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
Siemens Energy may stop the operation of the Siemens Energy Website in full or in part at any time. Due to the nature of the internet and computer systems, Siemens Energy cannot accept any liability for the continuous availability of the Siemens Energy Website.
3. Registration, Password
Some pages of the Siemens Energy Website may be protected by passwords, access keys, identification numbers, or other comparable security credentials and may be subject to equivalent secure access requirements. In the interest of safety and security of the business transactions, only registered Users may access said pages. Siemens Energy reserves the right to deny registration to any User. Siemens Energy particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Siemens Energy is entitled, at any time and without obligation to give reasons, to deny the User the right to access the password-protected area by blocking its User Data (as defined below), in particular if the User:
- uses false data for the purpose of registration;
- violates these Terms of Use or neglects its duty of care with regard to User Data;
- violates any applicable laws in the access to or use of the Siemens Energy Website; or
- did not use the Siemens Energy Website for a longer period.
For registration the User shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The User shall ensure that its e-mail address, as supplied to Siemens Energy, is current at all times and an address at which the User can be contacted.
Upon registration the User will be provided with an access code, comprising a User ID and a password ("User Data"). On first access the User shall promptly change the password received from Siemens Energy into a password known only to the User. The User Data allows the User to view or change its data or, as applicable, to withdraw its consent to data processing.
The User shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall notify Siemens Energy thereof without undue delay in writing, or, as the case may be, by e-mail.
After receipt of the notice under paragraph 3.4, Siemens Energy will deny access to the password-protected area under such User Data. Access by the User will only be possible again upon the User's application to Siemens Energy or upon new registration.
The User may at any time request termination of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Siemens Energy will remove all user data and other stored personally identifiable data of the User as soon as these data are no longer needed.
4. Right of use to Information, Software and Documentation
The use of any information, software and documentation made available on or via this Siemens Energy Website is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Siemens Energy. Separately agreed to license terms, for example software downloads, shall prevail over these Terms of Use.
Siemens Energy grants User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Siemens Energy Website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Siemens Energy in making same available.
Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Siemens Energy shall make the source code available in return for the payment of costs.
Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use in accordance with these Terms of Use.
The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation, or any copies thereof.
§§ 69a et seq. of the German Copyright Law shall not be affected hereby.
5. Intellectual Property
Notwithstanding the particular provisions in § 4 of these Terms of Use, information, brand names and other contents of the Siemens Energy Website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Siemens Energy.
Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
Siemens Energy may, without charge, use any ideas or proposals stored by a User on the Siemens Energy Websites for the development, improvement and sale of its products.
6. Duties of User
In accessing or using the Siemens Energy Website the User shall not:
- breach public morality in its manner of use;
- violate any intellectual property right or any other proprietary right;
- upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
- transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
- distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.
Siemens Energy may deny access to the Siemens Energy Website at any time, in particular if the User breaches any obligation arising from these Terms of Use.
7. Hyperlinks
The Siemens Energy Website may contain hyperlinks to the web pages of third parties. Siemens Energy shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Siemens Energy does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
8. Liability of defects for the title or quality
Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud.
The information on the Siemens Energy Website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9. Other Liability, Viruses
The liability of Siemens Energy for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these Terms of Use (Section A) . Any further liability of Siemens Energy is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no willful misconduct or gross negligence.
Although Siemens Energy makes every endeavour to keep the Siemens Energy Website free from viruses, Siemens Energy cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation.
§§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10. Compliance with Export Control Regulations
If the User transfers information, software and documentation provided by Siemens Energy to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union and of the United States of America.
Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that:
- There will be no infringement of an embargo imposed by the European Union, by the United States of America and/ or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Siemens Energy , also considering the limitations of domestic business and prohibitions of by-passing those embargos;
- Such information, software and documentation provided by Siemens Energy are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
- The regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.
If required to enable authorities or Siemens Energy to conduct export control checks, the User, upon request by Siemens Energy, shall promptly provide Siemens Energy with all information pertaining to the particular end-user, the particular destination and the particular intended use of information, software and documentation provided by Siemens Energy, as well as any export control restrictions existing.
The User shall indemnify and hold harmless Siemens Energy from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Siemens Energy for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
Siemens Energy's obligation to fulfill an agreement is subject to the proviso that the fulfillment is not prevented by any impediments arising out of national and international foreign trade and customs requirements or any embargos or other sanctions.
11. Data Privacy Protection
For collection, use and processing of personally identifiable data of the User of the Siemens Energy Website, Siemens Energy shall comply with applicable laws on data privacy protection and the Siemens Energy Website’s Data Protection Privacy Notice.
12. Supplementary Agreements, Place of Jurisdiction, Applicable Law
Any supplementary agreement requires the written form.
The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
The individual pages of the Siemens Energy Website are operated and administered by Siemens Energy AG and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Siemens Energy makes no representation that information, software and/or documentation on the Siemens Energy Website are appropriate or available for viewing or downloading at locations outside such country. If Users access Siemens Energy Website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Siemens Energy Website's information, software and/or documentation from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Siemens Energy, the User should contact the Siemens Energy representative for the particular country for country specific business.
These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
Section B – Commercial Terms of Use
Status: 13 October 2026
This Section B – “Commercial Terms of Use” applies in addition to the General Terms of Use for Siemens Energy Websites (Section A), whenever a User accesses or uses a Siemens Energy online store, ordering portal, configurator, or other digital marketplace made available by Siemens Energy on or via the Siemens Energy websites (“Energy Shop”).
These Commercial Terms of Use are drafted on the basis of, and are intended to be read together with any existing agreement between Siemens Energy and the User respectively the customer represented by the User (“Customer”) for the supply of the goods and services provided via the Energy Shop (“Contract”) which either explicitly states its applicability also for purchases via the Energy Shop or for which Siemens Energy and the Customer have otherwise agreed to be applicable for purchases via the Energy Shop.
Where such pre-existing agreement is in place and valid, the specific terms and conditions of such pre-existing agreement applies to all Contracts entered into via the Energy Shop. Where no such pre-existing agreement exists or is not agreed to be applicable to purchases via the Energy Shop or has already expired, the terms and conditions shown during the purchase process in the Energy Shop apply and, if no such terms and conditions are shown, the Siemens Energy International Terms and Conditions for Global Product business or the Siemens Energy International Terms and Conditions for Global Service business (“ITC”) shall apply to any purchase of the Customer via the Energy Shop.
1. Scope and Order of Precedence
These terms govern access to and use of the Energy Shop, including the browsing, configuration, quotation, ordering and account-management functions offered on it. They apply to any goods, equipment, documentation, software, works or services made available for order via the Energy Shop (collectively, the “Offerings”).
The specific scope, price, quantity, quality, functionality and technical specification of an Offering are defined exclusively in the relevant listing, configurator output, order confirmation or the Contract, as applicable.
The Energy Shop is made available exclusively for use by business customers acting in the course of their trade, business or profession and shall not be used by consumers. By registering for, accessing or using the Energy Shop, the User represents and warrants that it is acting for commercial, business or professional purposes and not as a consumer. Siemens Energy may require the User to provide appropriate evidence of its business or entrepreneurial status, including, without limitation, a valid VAT identification number or comparable registration details. The User shall provide all information and documentation requested for verification purposes fully, accurately and truthfully.
Where a Customer represented by the User places an order through the Energy Shop, the following order of precedence applies unless expressly agreed otherwise in writing: (i) the individually negotiated contract or order confirmation issued by Siemens Energy (“Contract”); (ii) the ITC (or such other terms and conditions expressly referenced in the order confirmation); (iii) these Commercial Terms of Use (Section B); and (iv) the General Terms of Use (Section A). Any term or condition proposed by the Customer shall not apply unless expressly accepted in writing by Siemens Energy.
Works, quantities or functionalities not explicitly described in the applicable listing or Contract are not included in the scope of the Offering. Unless otherwise agreed, operating materials, consumables, spare and wearing parts are not included.
2. Access, Registration and User Accounts
Certain areas of the Energy Shop (e.g. pricing, ordering, order tracking, document downloads) may only be accessible following registration of a user account. The User shall provide accurate, complete and current information during registration and shall keep such information up to date.
The User and the Customer are responsible for maintaining the confidentiality of its login credentials and for all activities that occur under its account. The User and/or the Customer shall notify Siemens Energy without undue delay of any suspected unauthorised use of its account or any other breach of security.
Siemens Energy may, at its reasonable discretion, refuse to grant, suspend or terminate access to the Energy Shop or an account, in particular in the event of misuse, provision of inaccurate information, suspected fraud, non-payment, or breach of these Commercial Terms, the ITC or applicable law.
The User and the Customer are responsible for the acts and omissions of the individuals to whom they grant access to the Energy Shop under their account and shall ensure such individuals comply with these Energy Shop Terms.
3. Listings, Quotations, Orders and Formation of Contract
Product and service listings, configurator outputs and price indications on the Energy Shop constitute an invitation to the Customer to submit an order and do not, by themselves, constitute a binding offer by Siemens Energy, unless expressly stated otherwise in the Energy Shop.
A binding contract is formed only upon Siemens Energy’s written order confirmation, or, where the Energy Shop enables immediate checkout, upon Siemens Energy’s automated confirmation of the order, in each case subject to the offer letter, contract documents and any terms expressly identified therein as forming part of the contract.
Siemens Energy may correct manifest errors in prices, descriptions or availability in the Energy Shop at any time prior to order confirmation and reserves the right to decline or cancel an order affected by such an error, in which case any payment already made shall be refunded.
4. Prices and Terms of Payment
Unless stated otherwise in the Energy Shop, prices displayed exclude insurance, delivery and any other additional charges (such as third-party inspections), and exclude indirect taxes, duties, customs or public charges, which shall be added as applicable. The resulting price payable is the “Contract Price”.
If no payment terms are defined in the pre- existing agreement, the payment terms stated in the ITC shall apply.
5. Intellectual Property Rights in User Content
By submitting reviews, ratings, product configurations, support tickets or other content to the Energy Shop (“User Content”), the User grants Siemens Energy a worldwide, royalty-free, non-exclusive licence to host, reproduce, display and use such User Content for operating, improving and promoting the Energy Shop and the Offerings, provided this does not affect the User’s ownership of, or any confidentiality obligations attached to, such content.
The collection, use and sharing of Data under this Clause shall be subject to applicable law, including applicable data-protection requirements and the rights and safeguards relating to trade secrets, data access and data sharing under the EU Data Act. Nothing in this Clause shall restrict any rights that cannot lawfully be excluded or limited by agreement.
6. Confidentiality
Information exchanged via the Energy Shop (including account data, order history, technical documentation and pricing) shall be treated as confidential by both parties and used exclusively for the purpose of evaluating, ordering or performing the relevant Offering, in accordance with confidentiality provisions of Contract and/or ITCs, which applies correspondingly to use of the Energy Shop.
The User and the Customer shall not photograph, record, publish or otherwise disclose non-public Energy Shop features, pricing tools or Documents without Siemens Energy’s prior consent.
7. Suspension, Termination and Changes to the Energy Shop
Siemens Energy may suspend a User’s or Customer’s access to the Energy Shop if the Customer delays payment by more than 30 days, fails to perform obligations necessary for Siemens Energy to perform an Offering, or otherwise materially breaches these Commercial Terms, in each case in accordance with the Contract and/or the ITCs.
Either party may terminate an individual contract concluded through the Energy Shop in accordance with the termination clause in the Contract and/or ITCs. Termination of a contract does not, by itself, terminate the User’s Energy Shop account, and vice versa.
Siemens Energy reserves the right to modify, suspend, or discontinue the Energy Shop, or any part thereof, at its sole discretion and at any time. Siemens Energy may also amend these Terms of Use where required to address legal, regulatory, security, operational, or business requirements. Any such changes will be published on the Energy Shop together with the updated version date. To ensure continued transparency and acceptance of the applicable contractual framework, Customers will be required to read and accept the then-current Terms of Use when accessing or signing into the Energy Shop following such updates.
8. Miscellaneous
If any provision of these Commercial Terms of Use is or becomes invalid or unenforceable, this shall not affect the remaining provisions; the parties shall use reasonable efforts to substitute the invalid provision with a valid one achieving a similar commercial result.
These Commercial Terms of Use do not create an employment, agency or joint-venture relationship between Siemens Energy and any User or Third-Party Seller.
The User may not assign rights or obligations arising from use of the Energy Shop without Siemens Energy’s prior written consent. The assignment and subcontracting provisions of the Contract and/or ITCs shall apply correspondingly.
These Commercial Terms of Use are drawn up in the English language. Where translated into another language for convenience, the English version shall prevail in the event of any inconsistency.
In the event of any conflict between these General and Commercial Terms of Use and the Contract and/or ITCs in relation to an individual contract made via the Energy Shop, the Contract shall prevail; in relation to use of the Energy Shop itself, these General and Commercial Terms of Use shall prevail.