Terms of Use for MyPeopleDoc® (UKG Employee Vault)

PREAMBLE:

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Welcome to MyPeopleDoc (UKG Employee Vault)

These Terms of Use (hereinafter referred to as the “Terms of Use” ) are intended to define the contractual relationship between PeopleDoc SAS, a UKG entity (hereinafter “UKG” ) and the natural person (hereinafter the “User” or “Users” ) who creates a MyPeopleDoc® account for file management as described below.

The employer has entered into a services agreement with UKG or one of the UKG affiliates to distribute
HR documents, as defined below, via your MyPeopleDoc® account ( “Services” ). By reading and accepting these Terms of Use, User agrees to activate your MyPeopleDoc® account and receive HR Documents from your Employer via your MyPeopleDoc® account.

The Services are provided by PeopleDoc SAS, a company incorporated and operating under the laws of France, whose registered office is located at 53 rue d’Hauteville, 75010 Paris, France.

To use MyPeopleDoc®, the User must: (i) have full legal capacity (acts performed by minors, according to applicable law, will be performed under the responsibility and control of their legal guardian); (ii) read and accept these Terms of Use.

1. DEFINITIONS

“Employer ” refers to the entity that entered into a services agreement with any UKG affiliate for the purpose of distributing HR Documents and that User authorises to issue HR Documents to the MyPeopleDoc® account based on the “Account” settings.

“Files” refers to HR Documents and Personal Files as defined below.

“HR Documents” refers to documents sent by the Employer into the MyPeopleDoc® account in the context of the HR Documents distribution service for which UKG was engaged and for which User has registered by accepting these Terms of Use.

“MyPeopleDoc® ” or “Account” refers to the secure personal space operated by UKG, allowing the User to receive, store, share, organise, manage, view and delete HR Documents as well as upload, store, view, organise, manage, share and delete Personal Files.

“Personal Data” refers to any information concerning an identified or identifiable natural person.
An “identifiable natural person” is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the identity of that natural person.

“Personal Files” refers to the files that User uploads directly into the MyPeopleDoc® account.

“Services” refers to the file management services provided by UKG to the User via the MyPeopleDoc® account after Users’ acceptance of these Terms of Use.

“Terms of Use” refers to the terms and conditions of the Services including any document attached to these terms of use, as well as any amendments thereto.

“User” or “Users” refers to any natural person with full legal capacity who has created a MyPeopleDoc® account.

2. SCOPE OF THE TERMS OF USE

These Terms of Use will define the relationship between UKG and the User, concerning access to and use of MyPeopleDoc® and setting out rights and obligations for both parties, inter alia, regarding the Files (such as electronic payslips and any other HR Documents sent to the User by the Employer; and the Personal Files that User may choose to upload to MyPeopleDoc®), back-ups and the processing of Personal Data performed within the framework of the Services.

3. ACTIVATION OF THE ACCOUNT

To activate the MyPeopleDoc® Account, Users must first register with their personal email address, and accept the Terms of Use by ticking the box intended for account activation at the time of the registration.

4. OVERALL DESCRIPTION OF MyPeopleDoc®

To create a MyPeopleDoc® Account, Users shall receive an invitation from the Employer, which enables them to register. As defined above, MyPeopleDoc® is a secure personal space operated by UKG allowing the User to receive, store, share, organise, manage, view and delete HR Documents from the Employer. Additionally, Users may upload, store, view, organise, manage, share and delete Personal Files.

4.1. When registering with UKG to create a MyPeopleDoc® Account, we strongly advise the User to use their personal email address. Once the MyPeopleDoc® Account is activated, the User’s personal email address will make it easier for the User to manage their secure personal space, and they can keep their Account even after changing employers. MyPeopleDoc® allows the User to:

- Receive HR Documents from the Employer(s) (whether current or future) to whom the User has given prior permission. The User will be notified when HR Documents are made available, at the email address used for MyPeopleDoc® Account activation;

- Link the User’s Account to one or more Employers. Employer may send any type
of HR Document on either an automated and regular basis or a manual and ad-hoc basis;

- Upload, store, rename, view, share, organise and delete Personal Files in a personal storage space (limited to a storage capacity of 10 Gigabytes);

- Share Files with third parties by creating sharing spaces in “Shared Folders”;

- Delete documents that User no longer wants to keep, via the “bin” functionality.

4.2. UKG understands the importance of the confidentiality of HR Documents and Personal Files. Therefore, UKG implements safeguards to protect the confidentiality, integrity and availability of said Files, and does not share said Files. The User is the only person who can grant access to Files.

4.3. Management settings in the User’s Account (including the type of Files, the choice to unsubscribe, as well as a record of the dates and times that these settings are modified) may be sent to the Employer as part of the HR Documents distribution service for which UKG was engaged.

5. DATA PROTECTION

UKG’s general Privacy Notice is available here . Below, Users will find specific data protection provisions related to the MyPeopleDoc® Account.

5.1. Identity and the contact details of the controller

PeopleDoc SAS (UKG)

53 rue d’Hauteville

75010 Paris

France

5.2. Contact details of our data protection officer

privacy@ukg.com

or

PeopleDoc SAS (UKG)

For the Attention of the Data Protection Officer

53 rue d’Hauteville

`75010 Paris

France

5.3. Purposes and legal basis of the processing

5.3.1. Users’ Personal Data is processed in the context of providing the MyPeopleDoc® Services for the following purposes:

- To ensure logging on to and act ivation of MyPeopleDoc® Account;

- To enable the User and Employer to exchange HR Documents;

- To enable the User to store the Files;

- To ensure that the User receives notifications about certain account activity, such as an email when the User receives a new HR Document;

- To ensure that the User receives SMS, when two-factor authentication is active;

- To ensure access to UKG’s user support; and

- To enable other functionalities and features related to MyPeopleDoc ® Account.

5.3.2. In addition, UKG stores the following Personal Data to maintain an active MyPeopleDoc® Account:

- E mail address;

- First name and surn ame;

- IP addresses and operating systems information (“latest account activity” feature);

- Phone number (only stored when SMS is used as means for “Multi-Factor Authentication” ).

5.3.3. The legal basis for processing Personal Data is the legitimate interest of a third party, the Employer, as further explained below.

5.4. Legitimate interests pursued by the Employer

5.4.1. MyPeopleDoc® is provided to the User by choice of the Employer, as a benefit. It is the User’s choice whether or not to create a MyPeopleDoc® Account. Once created, the MyPeopleDoc® Account allows the User to receive HR Documents directly from the Employer. If the User elects not to create a MyPeopleDoc® Account, User will not receive HR Documents electronically.

5.4.2. The Employer has a legitimate interest in providing a MyPeopleDoc® Account in order to: comply with legal requirements; increase the transition from paper to digital and enhance HR procedures. UKG pursues these same legitimate interests on behalf of the Employer when processing the Files, to assure alignment and quality of the services delivered.

5.4.3. When balancing these interests with the User’s rights, such rights will not be interfered with, because the processing of User’s Personal Data is limited to the purposes described in the Privacy Notice. The User’s rights (such as erasure and access) are always guaranteed.

5.5. Transfer of Personal Data

UKG is authorised to use sub-processors. Some sub-processors may be located in countries that are not within the EEA, provided that such transfers comply with applicable European or national regulations relating to Personal Data.

To learn more about location and data transfers, please visit our Transparency Site HERE here.

5.6. Data retention and duration

5.6.1. Upon registering, the User can receive HR Documents from their current (and future) Employers.

5.6.2. The User will no longer receive HR Documents from an Employer whenever any of the following occurs:

- The User-Employer relationship ends; or the Employer ceases to send the User HR Documents, for any reason whatsoever; or

- The MyPeopleDoc® Account is deleted, either by the User or by UKG.

5.6.3. Subject to the provisions below, the User may retain the MyPeopleDoc® Account indefinitely and continue using the account for their Personal Files.

5.6.4. The User may continue to access the Account Files at the address www.mypeopledoc.com ,
or at any other substitute address which will be communicated by UKG, using the same logon and password.

6. ACTIVITY RECORD

6.1. UKG logs the User’s activity within their MyPeopleDoc® Account for security purposes, especially so that it may identify any third-party access to the Account that occurs without their knowledge. Activity logs may be held in an identifiable form by UKG for no more than one (1) year and shall be permanently destroyed when the MyPeopleDoc® Account is deleted.

6.2. To learn more about the User’s activity record, please refer to our support article here.

7. USER’S RIGHTS

7.1. Access and rectification

7.1.1. The User can view, rectify and download all information in their MyPeopleDoc® Account at all times and from any device. User can also write directly to privacy@ukg.com or to PeopleDoc SAS, 53 rue d’Hauteville, 75010 Paris, France.

7.1.2. The User acknowledges that upon downloading a HR Document from MyPeopleDoc®, the contents of the HR Document may be modified and/or compromised as UKG will no longer be able to ensure the integrity of the downloaded HR Document.

7.2. Security

7.2.1. UKG will implement appropriate technical and organisational measures to ensure a level
of security appropriate to the risk, taking into account:

- the state of the art in IT security;

- the costs of implementation;

- the nature, scope, context and purposes of the processing; and

- the risks affecting the User’s rights.

7.2.2. UKG will, to the best of its ability, comply with the following obligations regarding its staff:

- Not to make any copies of Files, except as necessary for the provision of the Services;

- Not to use the Files for any purposes other than those specified in the Terms of Use;

- Not to disclose the Files to any third parties, irrespective of whether these are public or private persons, individuals or legal entities, without the User’s prior authorisation, unless otherwise provided under applicable law;

- To take any and all useful measures to avoid all fraudulent use of these Files during their storage within MyPeopleDoc®; and

- To take any useful security measures, particularly concerning hardware security, to ensure the safekeeping and integrity of Files during their storage within MyPeopleDoc®.

7.2.3. Multi -Factor Authentication: As another layer to secure the Account, MyPeopleDoc® provides the option of two-factor authentication . We strongly recommend that the User activate this feature as soon as the User creates the MyPeopleDoc® Account. Click here for more information.

7.2.4. hCaptcha: UKG uses hCaptcha: to secure MyPeopleDoc® Accounts from malicious events (e.g. ransomware etc). This service allows UKG to determine whether logons are made by natural persons or automated processing. This service functionality includes sending IP addresses and any other data required by hCaptcha. More information about hCaptcha’s data privacy policies can be found at https://www.hcaptcha.com/privacy.

7.2.5. The User will be the only person responsible for the risks associated with the disclosure or misuse of the logon details and password. UKG strongly recommends that Users do not share their logon information and passwords with any third party.

8. USERS’ OBLIGATIONS

8.1. Users’ Personal Files. The User warrants that the Personal Files as defined above shall not (i) give rise to civil or criminal liability, e.g. defamatory, threatening, pornographic, indecent, abusive, libellous or otherwise objectionable actions; (ii) violate or infringe upon any third-party right, including any intellectual property right or right of privacy, or that abuses, harasses or stalks any other person; or (iii) initiate any kind of attack, virus or other harmful or detrimental computer code, file or program UKG shall not be held liable for illegal content stored in the MyPeopleDoc® Account and reserves the right to suspend any account that breaches these provisions, and therefore suspend any associated access.

8.2. Illegal content notification . Any User who becomes aware of the existence of illegal content in MyPeopleDoc® must alert UKG via UKG’s support feature, so that UKG can take the necessary steps to manage and remedy the situation, in accordance with applicable laws. For example, UKG should be made aware of the following offences:

- Advocacy for crimes against humanity and war crimes;

- Terrorism and/or advocacy of terrorism;

- Incitement to discrimination, hatred or racial violence;

- Child pornography; and

- Messages of a violent or pornographic nature or of a nature likely to seriously violate human dignity, when the message is likely to be seen or perceived by a minor.

9. COSTS OF MyPeopleDoc ®

MyPeopleDoc® is free of charge to Users. Nevertheless, all Internet connection charges shall be borne by the User, under the conditions set forth by their Internet provider, as well as the cost of any tools necessary to view or read stored Files.

10. CONDITIONS FOR RECEIVING AND READABILITY OF HR DOCUMENTS

10.1. Depending on the settings chosen by the Employer, the User accepts to receive all or part of the HR Documents electronically transmitted to the MyPeopleDoc® Account. In this case, HR Documents will be sent to the User’s account in PDF format or any other format compliant with current standards.

10.2. As technology evolves, UKG will regularly verify that stored HR Documents remain readable using at least one available market-standard software, and correspond to a universal format. If technological changes make it impossible to read stored HR Documents in their original format, UKG will migrate to a new readable format, at its own expense, using a software that is standard at the time of migration.

11. SERVICE LEVEL

11.1. In the context of controlled access, MyPeopleDoc® will be accessible 24/7, with availability subject to maintenance periods. UKG will ensure maximum service availability to the best of its ability.

11.2. A user support service will also be made available to Users, free of charge, at the following address: https://hrsd-peopledoc.ukg.com/s . This service will be available on business days, Monday to Friday during working hours (9.30 am to 6.30 pm CET).

11.3. Access to MyPeopleDoc® may be subject to certain functionality restrictions depending on operating and maintenance requirements. In the event of an emergency or material breach and as a last resort, the User’s access to MyPeopleDoc® may be temporarily interrupted for any urgent maintenance operations that UKG may perform.

11.4. In the event of any planned or unplanned outages of MyPeopleDoc®, User will be informed with a message upon logon to the MyPeopleDoc® Account.

12. LIABILITY FOR MyPeopleDoc ®

12.1. UKG commits to ensuring access to HR Documents, as well as their readability, their integrity and their confidentiality, in the best possible conditions available at any given time.

12.2. To the fullest extent permitted by applicable law, UKG shall not be held liable for any indirect harm, such as loss of revenue or interest, that the User might suffer. UKG is not liable for any malfunctions or problems in accessing the MyPeopleDoc® Account following events of force majeure , as defined by applicable laws and jurisprudence.

12.3. Furthermore, UKG shall not be held liable for unauthorised access by a third party to the User’s MyPeopleDoc® Account, when such access is obtained using the User’s access code or the email linked to their MyPeopleDoc® Account. In this event, should the User request to block access to their Account, and until UKG issues a new access code, access will be temporarily suspended.

12.4. Moreover, UKG shall not be liable for the content of the Files uploaded or stored in User’s MyPeopleDoc® Account.

13. INTELLECTUAL PROPERTY AND LICENCE

13.1. Licence . UKG grants the User a personal, non-exclusive, non-transferable and non-assignable worldwide licence to access and use MyPeopleDoc®, limited to the services subscribed to by the Employer, subject to other provisions of these Terms of Use. The User acknowledges that they have no rights whatsoever to the object and source codes of the Services and MyPeopleDoc® which are and shall remain the exclusive property of UKG.

13.2. User Restrictions on Intellectual Property. The User shall not: (i) access or use the Services in any manner or for any purpose other than expressly permitted by these Terms of Use; (ii) change, modify or otherwise create works based on all or any portion of the Services; (iii) modify, disassemble, decompile or reverse engineer any part of the Services or apply any other process or procedure that shall infringe UKG’s rights (except solely to the extent permitted by applicable law); (iv) access or use the Services in a way intended to avoid exceeding usage limits or quotas; (v) use the Services in order to build a similar or competitive application or service; (vi) change or remove any disabling mechanism or avoid any technical protection measures associated with the Services, or otherwise use any tool to enable features or functionalities that are otherwise disabled; or (vii) remove or change any proprietary notices (e.g. copyright and trademark notices) involving the Services.

14. TERM AND TERMINATION

14.1. Term. These Terms of Use come into effect: (i) for new Accounts, as of the activation of the User’s Account (the “Effective Date”), by t icking the box intended for this purpose , as set forth in Section 3 above; or (ii) in case of an update of these Terms of Use, for existing Accounts, 45 days after it is available online as further indicated under Section 16.

14.2. Termination by the User. The User has the right to terminate these Terms of Use by deleting the MyPeopleDoc® Account via the available function. Upon receiving the deletion request, UKG commits to promptly deleting the Account, in all circumstances, within no later than forty (40) days.

14.3. Suspension and Termination by UKG. UKG may suspend the Services, at its discretion, effective immediately if Users do not comply with their obligations and particularly Section 8 of the Terms. UKG may terminate the Services at its discretion, effective immediately: (i) upon written notice to the User if the User breaches these Terms of Use and does not substantially cure the breach within seven (7) days; or (ii) if the MyPeopleDoc ® Account is inactive for more than twelve (12) months and no longer contains any Files. In such case, UKG may send a notice of closure to the email address that the User provided when creating the Account. If the User does not respond to the notice of closure within thirty (30) days, UKG will consider the Account abandoned and will proceed
with deletion.

14.4. Effects of Termination by the User. By deleting the MyPeopleDoc ® Account, the User recognises that all the Files and all associated data will be permanently deleted. Therefore, the User must download any Files stored in the MyPeopleDoc® Account, by selecting the Files and clicking “download”, that they might need prior to initiating the procedure to delete the Account.
Once deleted, the Account cannot be reactivated or restored.

15. WHAT HAPPENS TO THE USER’S ACCOUNT IF THE USER PASSES AWAY – LEGACY CONTACT

15.1. The User can choose to either appoint a legacy contact to look after their Account upon passing or have the Account permanently deleted. UKG strongly suggests setting a legacy
contact so that the MyPeopleDoc® account can be managed. The User can contact https://hrsd-peopledoc.ukg.com/s/ and inform UKG of their choice.

If the User has not appointed a legacy contact, the Account will remain active until UKG is notified of the passing upon receipt of an original certificate of death issued by a competent authority. Rightful heirs and/or third parties related to succession procedures may gain access to the Ac count in order to retrieve Files for succession purposes. To gain access to the Files , proof of relationship with the User’s succession may
be requested.

16. CHANGES IN MyPeopleDoc ® AND THESE TERMS OF USE

16.1. UKG reserves the right to adapt or modify the range of services offered in MyPeopleDoc®.
Any change shall come into effect on the date it is uploaded and made available online.

16.2. UKG reserves the right to amend these Terms of Use. Any change will come into effect and will be applicable 45 days after it is made available online. User shall be notified of any such changes upon their next logon to MyPeopleDoc® following the update and before the User can proceed with using the Account. Changes will be applicable to all Users.

16.3. If the User does not agree with the new version of these Terms of Use, the User must delete the MyPeopleDoc® Account. Prior to deleting the Account, the User is recommended to download the Files that they wish to keep. As stated in clause 14.4, by deleting the MyPeopleDoc ® Account, the User recognises that all the Files and all associated data will be permanently deleted.

17. GENERAL

17.1. Language. These Terms of Use have been established in several languages. The version that has priority for interpreting these Terms of Use shall be the English language version.

17.2. Assignment. UKG reserves the right to transfer these Terms of Use, and thus the contractual relationships related, to any third party of its choice.

17.3. Subcontracting. UKG reserves the right to subcontract to any other company of its choice all or part of the Services. UKG shall remain solely liable to the User and shall be responsible for taking action against its defaulting sub-contractors.

17.4. Applicable Law. Without any prejudice to any applicable law for the maintenance of public order and/or any applicable international public order provision, these Terms of Use shall be governed by the law of the country where the User has their habitual residence, without regard to its rules on conflict of law.

17.5. Mediation. As applicable, the User may submit any dispute that may arise in connection with the interpretation, validity or execution of these Terms of Use to mediation. Said mediation shall be requested from FEVAD (Fédération du e-commerce et de la vente à distance) (Fédération du e-commerce et de la vente à distance) with the following contact details BP 20015 - 75362 Paris Cedex 8- - http://www.mediateurfevad.fr. Following a prior written request from users to the UKG, the Mediation Service may be contacted for any unresolved consumer dispute. To find out how to contact the mediator, visit https://www.mediateurfevad.fr/index.php/espace-consommateur-2. Where possible and permitted by local regulations, the parties agree to bear half the costs of mediation. The parties also agree to cooperate with each other to the fullest extent necessary to find an amicable solution. The parties agree to keep strictly confidential all exchanges, letters or documents that take place during the mediation procedure.

17.6. Jurisdiction. In the absence of an amicable agreement or a settlement, the parties expressly grant exclusive jurisdiction to the competent courts in the User’s jurisdiction in case of a dispute relating to the interpretation, validity or execution of these Terms of Use.

SPECIAL CONDITIONS APPLICABLE BY JURISDICTION:

FRANCE

SPECIFIC CONDITIONS FOR THE DELIVERY OF PAYSLIPS IN FRANCE

1. USERS’ RIGHTS CONCERNING PAYSLIPS

The Employer will choose between the two options below as ways of obtaining Users’ agreement for the
set-up of the service of electronic distribution of payslips (“Distribution”), as follows: (i) the Employer decides to obtain the User’s consent prior to setting up said service (“Opt-in”); or (ii) the Employer decides to give the User the opportunity to refuse the Distribution (“Opt-out”).

● With prior consent (Opt-in)

If the Employer chooses to collect the User’s consent before setting up the Distribution, the User agrees that payslips will be delivered electronically by accepting these Terms of Use.

If the User decides to revoke their consent thereafter, the User may do so at any time by configuring their Account settings. The Employer shall comply with the User’s request (i.e. resumption of the delivery of
hard-copy payslips) as quickly as possible, and no later than three (3) months following receipt of said request.

● Digital payslip by default (Opt-out)

If the Employer chooses to set up the electronic distribution of payslips by default, the User will have one (1) month from the date of receipt of the notice from the Employer to refuse the Distribution before the first payslip is delivered electronically. The User can inform the Employer that they refuse the Distribution, either via MyPeopleDoc® or any other method that can be duly dated (e.g. directly addressing the Employer).

Following this (1) month retraction period and once the Distribution is established, two scenarios may occur:

⇒ In the absence of prior User’s objection, payslips will be distributed electronically in the Account.

⇒ In the event of prior User’s objection, the activation of the Account entails acceptance
of the Distribution.

In each scenario, the User has the option of revoking their consent at any time via MyPeopleDoc® or any other method that can be duly dated (e.g. directly addressing the Employer). The Employer shall comply with the User’s request (i.e. resumption of the delivery of hard-copy payslips) as quickly as possible, and no later than three (3) months following receipt of said request.

The Employer may decide that the option to return to paper payslips, as described above, will not be available in the Account settings. In this case, the User must submit their request directly to the Employer.

2. PAYSLIP RETENTION PERIOD

Payslips will be stored in MyPeopleDoc® for at least fifty (50) years from the date they are first stored, even if the User subsequently decides to revert to receiving hard-copy payslips. During this payslip retention period, the User will be free to view, print, download and/or share payslips.

The provisions of this article will continue to be valid after the expiry of these Terms of Use.

3. IF UKG CEASES TRADING

In the event that the Services are discontinued because UKG ceases trading, Users will be notified at least three (3) months prior to the definitive cessation of service. During this period, Users will be able to retrieve/download all the Files stored in their Account without needing to perform complex or repetitive actions, and in a structured electronic format that is commonly used.

SPECIFIC CONDITIONS ABOUT MEDIATION

Mediation regarding any dispute arising in connection with these Terms of Use shall be requested from
FEVAD (Fédération du e-commerce et de la vente à distance) (Fédération du e-commerce et de la vente à distance) with the following contact details BP 20015 - 75362 Paris Cedex 8- - http://www.mediateurfevad.fr.

GERMANY

1.                      LIABILITY

The following sentence of Section 12.2 above:

“ To the fullest extent permitted by applicable law, UKG shall not be held liable for any indirect harm, such
as loss of revenue or interest, that the User might suffer. UKG is not liable for any malfunctions or problems
in accessing the MyPeopleDoc® account following events of force majeure, as defined by applicable laws
and jurisprudence. ”

Is exchanged by:

112.2 (a) UKG’s Liability for Slight Negligence

If a breach by UKG of these Terms of Use is due to UKG’s slight negligence, UKG will only be liable to the User for damages if UKG has breached an essential obligation which means an obligation the performance of which is a necessary prerequisite for the proper performance of the Services or the violation of which jeopardises the purpose of these Terms of Use, and the User could legitimately rely upon its fulfilment by UKG. UKG’s liability shall be limited in this case to the damages that have been foreseeable as of the time when these Terms of Use were entered into and which can typically arise in connection with these Terms of Use.

12.2 (b) UKG’s Liability for Indirect Damages

Subject to Section 12.2(c), UKG shall only be liable for any indirect, incidental, consequential or special loss or damages (including but not limited to loss of profits, interruption of Service, loss of business, business opportunity or anticipated savings, or harm to reputation), to the extent that such losses have been foreseeable as of the time when these Terms of Use were entered into and which can typically arise in connection with these Terms of Use. The same applies for UKG’s liability for the procurement of substitute services.

12.2(c) Exceptions

Nothing in these Terms of Use limits or excludes UKG’s liability (a) for death, bodily injury or injury of health arising out of its negligence or that of its vicarious agents, (b) for losses suffered as a result of gross negligence or wilful misconduct, or (c) for losses that cannot be limited or excluded by law, in particular the liability under the German Product Liability Act (Produkthaftungsgesetz).