Terms of use for the MyBosch web application from Robert Bosch Power Tools GmbH

1.    Provider and scope of validity

1.1. The MyBosch applications on the www.bosch-diy.com website (hereinafter referred to as the "application") are operated by Robert Bosch Power Tools GmbH, Max-Lang-Straße 40–46, 70711 Leinfelden-Echterdingen, Germany (hereinafter referred to as "Bosch"). Additional information about the provider (Bosch) can be found in the legal notice section of the website.

1.2 Bosch is entitled to amend and/or add to these Terms of Use and/or the content specifically described herein at any time provided a reasonable notice period is given. If amendments or additions are made to these Terms of Use, Bosch will send an amended version of these terms – with these amendments highlighted – to the e-mail address given by the user upon registration. If the user does not object to the amended/extended version of the Terms of Use within six weeks of receipt, the user's consent to the amended Terms of Use will be assumed. Bosch is obligated to notify the user in the change notification of the consequences should they fail to object to these changes. Once the amended terms take effect, all previous versions of these Terms of Use will become invalid. If the user refuses to give their consent, the contract shall remain unchanged. Insofar as the amended Terms of Use or the changes to the service specifications are not reasonable for the user, the user is entitled to terminate the contract with Bosch with immediate effect.

2.    Services provided and service provision

2.1 The Application provides the registered user with the ability to use various telemedia services, where technically available, under the username they have been assigned or have selected personally. The user can register their garden tools and power tools in the Application and will receive an extended warranty for their Bosch garden tools and power tools, in compliance with the Bosch warranty conditions.

3. Registration process

3.1. When a user registers, a contract is entered into between the user and Bosch on participation in and use of the MyBosch Application. Users must be aged 18 or over to register for the Application. Minors and individuals whose access rights have been permanently blocked are not permitted to register.

3.2 A Bosch ID is required in order to register; if a user does not have a Bosch ID, they must register for one by entering and specifying the required login data.
Upon successful registration, Robert Bosch GmbH will send the user an e-mail with a confirmation link to the e-mail address specified by the user as part of the registration process. The e-mail also contains the General Terms and Conditions and privacy policy of Robert Bosch GmbH in text format. The terms of the contract are stored by Robert Bosch GmbH.

3.3 Once the user has successfully registered with a Bosch ID, the data required for registration is transferred from the user's account to the Application. The user must also accept these Terms of Use for the application of Bosch.IO GmbH in the Application. This is required in order to complete the registration process in the Application. The user can enter other user data, such as their name or address, in their user profile within the Application. This data is not mandatory.  Mandatory data is indicated by a *. The terms of the contract are stored by Bosch.

The user warrants that all data provided as part of the registration process is true and complete. The user is obliged to inform Bosch immediately of any changes to their user data by updating their profile data.

3.3. Each user must only register with one username. Multiple registrations may lead to the user being excluded from the Application.

4. Login data and passwords

4.1. The user is obliged to keep secret the login data and password required to access the Application and to inform Bosch immediately in writing if they become aware of any third-party use of the user's login data and/or password. The user is liable for the damage caused by third-party use, unless the user is not at fault.

4.2. If the user passes on access data and/or passwords to third parties, Bosch is entitled to block the user's access temporarily or permanently, or to terminate the contractual relationship with the user with immediate effect, to delete the user's registration and to exclude the user from the use of the Application in the future (in accordance with Item 5.1).

5. Blocking of access

5.1. Bosch may block a user's access to the Application temporarily or permanently if the user violates these Terms of Use or the law when using the Application, or if Bosch has any other legitimate interest in blocking access. Blocking for legitimate interests is deemed to apply in particular if a user repeatedly and to a considerable extent interferes with discussions within the Application, or infringes conditions of participation in competitions or product testing. Bosch considers the legitimate interests of the user when choosing whether and for how long a user is blocked.

5.2 At Bosch's discretion, a user may firstly be warned in a personal message (PM) before a block is imposed. Bosch will consider the legitimate interests of the user when making such decisions.

5.3. In the event of a temporary or permanent block, Bosch will prevent the user from accessing the Application and will notify the user of this by e-mail.

5.4. In the case of a temporary block, Bosch will reactivate the account after the time provided in the notification. Access which has been permanently blocked cannot be reactivated.

6. Liability of Bosch

6.1. Bosch has unlimited liability vis-à-vis the user only for losses based on the intentional or extremely grossly negligent violation of contractual obligations by Bosch, or in the event of loss of life, bodily injury or damage to health. For a slightly or grossly negligent violation of obligations, the fulfilment of which is essential if the contract is to be properly implemented and on the performance of which it is reasonable for the customer to rely as a matter of course (cardinal contractual obligations/cardinal obligations), the liability of Bosch shall be limited to foreseeable and typically occurring damage. In particular, Bosch shall not be liable for any consequential damage, loss of profit, or other pure financial losses. Otherwise, liability for slight and gross negligence shall be excluded. Any existing liability on the part of Bosch in accordance with the German Product Liability Act (Produkthaftungsgesetz) or in the event of an assumption of guarantees shall remain unaffected by this.

6.2. The aforementioned limitations of liability also apply if obligations are violated by legal representatives or vicarious agents of Bosch. Insofar as liability on the part of Bosch is excluded by the aforementioned provisions, this shall also apply to the personal liability of the employees and vicarious agents of Bosch.

7. Term and termination

7.1. This agreement is entered into for an unlimited time. The user and Bosch are entitled to terminate the contract relating to the use of the Application without giving reasons at any time in text form. To give the user a reasonable opportunity to secure their data stored in the Application, Bosch is only entitled to terminate the contract with a notice period of four (4) weeks from dispatch of the corresponding e-mail.

7.2. In addition, Bosch has the right to terminate the contractual relationship in whole and in part without notice at any time, as far as Bosch is entitled to permanently block users in accordance with Item 5 of these Terms of Use (extraordinary termination). A warning in accordance with Item 5.2 is not required in this case.

8. Transfer of the contract

Bosch is entitled to transfer this contract to an affiliated company (Section 15 et seq. of the German Stock Corporation Act (AktG)) of Robert Bosch GmbH. Bosch shall notify the user promptly of any such transfer in a suitable manner. If the contract is transferred, the user shall have a special termination right that must be asserted to Bosch in writing within four (4) weeks after the date of the contract transfer notification. The termination shall be effective immediately but no later than on the contract transfer da.

9. Other provisions

9.1. Bosch is under no obligation to maintain constant availability of the Application (in its entirety or parts thereof). However, Bosch shall try to keep the Application available without interruption. Maintenance, security or capacity issues, and events that are beyond Bosch's sphere of influence (e.g. power outages, force majeure, disruptions to public communication networks, etc.) may result in brief malfunctions or temporary interruptions of the Application's services (in their entirety or parts thereof).

9.2. These contractual relationships between the parties are subject to the laws of the Federal Republic of Germany. If the customer is a consumer, this choice of law only applies if it does not deprive the customer of the protection provided by the mandatory provisions of the law of the state in which the customer usually resides (favourability principle). The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

9.3. If individual provisions of these Terms of Use are or become invalid or incomplete, the validity of the remaining provisions shall remain unaffected.

9.4. If the user is a business owner as defined in Section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be Stuttgart, Germany. The same shall apply if a user has no general place of jurisdiction in Germany or the user's (habitual) place of residence is not known at the time the legal action is filed.

9.5 The user is not entitled to transfer their obligations from these Terms of Use in whole or part without the prior written consent of Bosch, which may not be unreasonably refused.

10. Information on dispute resolution before consumer arbitration boards

The European Commission provides a platform for online dispute resolution (ODR). This platform is intended to be a point of contact for the out-of-court settlement of disputes concerning the contractual obligations arising from online purchase agreements and online service agreements. The platform can be found at http://ec.europa.eu/consumers/odr/.
Bosch is not obliged to participate in dispute resolution proceedings before a consumer arbitration board and has decided against voluntary participation in such proceedings.

Robert Bosch Power Tools GmbH
Last revised November 2019