General Terms of Use

of USHIO INE GmbH (“Ushio”)

1.          SCOPE

1.1
These Terms of Use, along with any specific terms when applicable, govern the interactions of any visitor on this website and e-commerce (“User”).
1.1

A paragraph is a self-contained unit of a discourse in writing dealing with a particular point or idea. Paragraphs are usually an expected part of formal writing, used to organize longer prose.

1.2
In the case of web offers aimed at companies, such companies are represented by the User and must assume that the User has appropriate knowledge and acts accordingly.

2.          SERVICES

2.1
The Ushio Website contains specific product information, for viewing or downloading. The Ushio Website may also serve as or provide access to the promotion and transaction of offerings from Ushio.
2.2
Ushio may stop the operation of the Ushio Website in full or in part at any time. Due to the nature of the internet and computer systems, Ushio cannot accept any liability for uninterrupted availability of the Ushio Website.

3.          B2B ENVIRONMENT

3.1
Ushio INE E-commerce (“INE E-commerce”) is intended for business-to-business (B2B) use only and not for consumers. By registering and accessing the INE E-commerce, the User confirms acting for business, commercial, or professional purposes and not in the capacity of a consumer. Ushio may require the User to provide suitable proof of its status as an entrepreneur or business user (e.g., a VAT ID number). The data required for verification must be provided by the User in a complete and truthful manner.

4.          REGISTRATION, PASSWORD

4.1

Certain pages of the INE E-commerce may be password‑protected. In the interest of the security and integrity of business transactions, access to these areas is permitted only for registered users. Ushio reserves the right to refuse the registration of any user. Ushio may also decide at any time to make pages that were previously freely accessible subject to registration. Furthermore, Ushio may, without obligation to provide reasons, block a user’s access to the password‑protected area if the user:

  • provides incorrect or misleading information during the registration process;
  • violates these Terms of Use or fails to properly safeguard its login credentials such as a User ID and a password (“User Data”);
  • violates applicable laws when accessing or using the INE E-commerce; or
  • has not used the INE E-commerce for a long period of time.
4.2
For registration, the user must provide accurate information and must update such information (to the extent possible: online) without undue delay if any changes occur. The user shall ensure that the e‑mail address provided to Ushio is valid at all times and is an address that is accessible only by the user. To avoid ambiguity, the e‑mail address must be linked to a specific individual. Generic or role‑based e‑mail addresses may not be used.
4.3
Upon registration, the user will receive his User Data. Upon first login, the user must change the password provided by Ushio to a password known only to the user. The User Data enables the user to access and update its profile data and, where applicable, to withdraw consent to data processing.
4.4
The user must ensure that its User Data is kept confidential and must prevent any access by unauthorized third parties. The user is responsible for all actions carried out under its User Data. At the end of each session, the user must log out of the password‑protected area. If the user becomes aware that third parties have obtained or are misusing its User Data, the user must notify Ushio immediately in writing or via e‑mail.
4.5
After receiving a misuse notification pursuant to Section 3.4, Ushio will block access associated with the affected User Data. Access may be restored only upon the user’s request or after a new registration process has been completed.

5.          INTELLECTUAL PROPERTY

5.1
The information published on the Ushio Website, including editorial materials, informational texts, software, documentation, databases, photographs, video and audio clips, downloads, illustrations, artistic designs, and other graphic elements, materials, names, trademarks, and logos are the property of Ushio or Ushio´s licensors and are protected by national and international copyright, database, trademark, and/or other intellectual property laws. You will observe these rights and, in particular, will not change, copy, reproduce, sell, rent, use, supplement or otherwise use in any other way without the prior written permission of Ushio.
5.2
You may not systematically download, reproduce, and/or distribute the information on the Ushio Website.
5.3
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.

6.          DUTIES OF THE USER, CONTENT MODERATION, AND INDEMNIFICATION

6.1

Prohibited Use and Content

When accessing or using the Ushio Website, the User shall not

violate any laws or regulations, or rights of others such as any criminal acts, including corruption or bribery, export control and sanctions violations, money laundering or terrorism financing or violate any antitrust laws, including by agreements or concerted practices preventing, restricting or distorting competition (e.g. price fixing, market or customer allocation, limitation of technical development, portfolio alignment) or by sharing of competitively sensitive information;

be harmful to others, or to the reputation of Ushio, including by offering or disseminating fraudulent goods, services, schemes, or promotions, make-money-fast schemes, ponzi or pyramid schemes, phishing, farming, or other deceptive practices;

  • 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.

For the avoidance of doubt, Users may only upload order-related documents (e.g., order forms) strictly for the purpose of submitting orders via the INE E-commerce.

6.2

Use Restrictions

The User shall not:

  • Transmit, store or upload hyperlinks or contents to which the User is not entitled, particularly where such hyperlinks or contents breach confidentiality obligations or are unlawful;
  • Engage in text or data mining. This includes, but is not limited to, any automated scraping, reproduction, or extraction of content, information, or data from the Ushio Website for the purpose of analysis, and for developing, training, or improving any artificial intelligence or machine learning systems;
  • Access or use Ushio Websites to avoid use limitations, monitoring, or for the purpose of conducting performance tests, building competitive products, or copying features;
  • Interfere with the proper functioning or security of any Ushio systems.
6.3

 Security Requirements

The User shall:

  • Take reasonable precautions against security attacks, viruses, and malicious code on systems, hardware, software, or services used to connect to and/or access Ushio Website;
  • Not perform any penetration test of or on Ushio Website or the underlying technology without obtaining Ushio´s express prior written consent;
  • Not use devices to access or use Ushio Website that do not comply with industry standard security policies (e.g., password protection, virus protection, update and patch level).
6.4

Monitoring, Enforcement, and Reporting

Ushio may monitor the User's compliance with and analyze any violation of these Terms of Use.

To ensure compliance with these Terms of Use, Ushio may take action against any content or resource that violates these Terms of Use or any other agreement Ushio has with the User for use of the Ushio Websites or where Ushio is permitted or required by law or a competent authority. This may include removing, restricting, limiting, or disabling access to content or requesting the User to modify the content. Ushio may also suspend or terminate the User's account if the User repeatedly or seriously infringes third-party rights, violates any law or regulation, these Terms of Use, or where Ushio is permitted or required to do so by law or a competent authority.

Users may report suspected violations of these Terms of Use or applicable laws through the reporting channels provided on the INE E-commerce under https://www.ushio-ine.com/web/guest/contact-us.

When Ushio receives notice of any violation of these Terms of Use, Ushio will manually review the reported activity. Ushio may suspend the handling of notices and complaints from a User for a reasonable period of time and after having issued a warning if the User frequently submits notices or complaints that are manifestly unfounded. When making such decisions, Ushio will assess, on a case-by-case basis and in a timely, diligent, and objective manner, the potential misuse and will consider all relevant facts and circumstances apparent from the information available to Ushio.

Ushio may report any activity that Ushio suspects violates any law or regulation or forward any report as required by law to a competent authority or other appropriate third parties. Ushio may also share the User's content if a party claims that the User's use of the Ushio´s Website or the User's content violates third party's rights or any law or regulation.

6.5

Indemnification

The User shall indemnify and hold harmless Ushio, its affiliates, subcontractors, and their representatives against any third-party claims, damages, and necessary costs (including reasonable attorney's fees) and compensate Ushio for all losses and expenses arising from the User’s intentional or negligent violation of these Terms of Use, applicable laws, or the rights of third parties in connection with the use of any Ushio Website, or the uploaded User’s order-related documents thereto.

7.          HYPERLINKS

1.1
The Ushio Website may contain hyperlinks to the web pages of third parties. Ushio 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 Ushio does not control the information on such web pages and is not responsible for the content and information given thereon. The use of such web pages shall be at the sole risk of the User.

8.          LIABILITY OF DEFECTS FOR TITLE OR QUALITY

8.1
Insofar as any information is made available at no cost, any liability for defects as to quality or title of the information 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.
8.2
The information on the Ushio 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

9.1
The liability of Ushio for defects in relation to quality and title shall be determined in accordance with the provisions of Section 8 of these Terms of Use. Any further liability of Ushio 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.
9.2
Although Ushio makes every endeavor to keep the Ushio Website free from viruses, Ushio 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.
9.3
Sections 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

10.1
The User shall comply with all applicable export control, sanctions and embargo laws and regulations, including those of the European Union, the United States of America and the Federal Republic of Germany (“Export Regulations”). The User shall not access or use the INE E-commerce from territories subject to comprehensive sanctions (e.g., Cuba, Iran, North Korea, Syria, or the non‑government‑controlled areas of Ukraine) or grant access to any person or entity listed on applicable sanctions or restricted‑party lists. Where applicable, Ushio shall label information and software with regard to licensing requirements in accordance with the German and EU export lists and the US Commerce Control List.
10.2
Where the User exports, forwards or otherwise transfers information obtained through the INE Ecommerce, the User shall ensure that such transfer does not violate Export Regulations and is not intended for prohibited military, nuclear, weapons‑related or other restricted end‑uses.
10.3
Upon Ushio’s request, the User shall promptly provide information necessary for Ushio or competent authorities to conduct export control or sanctions compliance checks, including information on the intended end‑user, destination country, and intended use of the relevant information or documentation.
10.4
Ushio shall not be obligated to provide access to the INE E-commerce or fulfill any obligations under these Terms of Use if such performance is restricted or prohibited by Export Regulations or other applicable foreign trade or customs laws.

11.        SUPPLEMENTARY AGREEMENTS, PLACE OF JURISDICTION, APPLICABLE LAW

11.1
Ushio may revise, add, or remove parts of these Terms of Use from time to time. Continued use of the Ushio Website after such changes constitutes acceptance of the new Terms of Use.
11.2
The place of jurisdiction shall be Berlin, Germany.
11.3
The individual pages of the Ushio Website are operated and administered by the Ushio entity specified on the Website imprint. The pages comply with the law applicable in the country where the responsible entity has its business residence. Ushio makes no representation that information on the Ushio Website are appropriate or available for viewing or downloading at locations outside such country. If Users access Ushio Website from outside such country, they are exclusively responsible for compliance with all applicable local laws. Access to Ushio Website's information from countries where such content is unlawful is prohibited. In this case and where User seeks to do business with Ushio, the User should contact the Ushio representative for the particular country for country specific business.
11.4

These Terms of Use and all disputes arising from or in connection with them shall be governed by:

  • The laws of Germany (excluding its conflict of laws principles), or The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
  Last updated: 16 March 2026