1. Terms of Use, provider and area of application
1.1. Robert Bosch Power Tools GmbH, Max-Lang-Str. 40-46, 70771 Leinfelden-Echterdingen, Germany, e-mail: bosch.servicecentre@uk.bosch.com (hereinafter referred to as "Bosch"), provides the mobile application "Bosch Smart Gardening" (hereinafter referred to as "Bosch Smart Gardening" or “App”). These Terms of Use (“Terms of Use”) govern exclusively the legal relationship between Bosch and the User regarding access and usage of the App. Detailed information on Bosch as a provider of Bosch Smart Gardening and the services can be found in the corporate information .
1.2. These Terms of Use apply in the version valid upon the conclusion of the contract for the registration with Bosch Smart Gardening and the use of Bosch Smart Gardening.
1.3. User, in case of an individual, warrants that he/she is lawfully able and has the capacity to enter into contracts (e.g. he/she is not a minor). If the User concludes this contract as a representative of a legal person or partnership, such as the company for which the User works, the User assures that he has the necessary power of attorney to contractually bind this company.
2. Subject matter of these Terms of Use
2.1. The subject matter of these Terms of Use is the provision of Bosch Smart Gardening including associated services (see Section 7), as well as the necessary storage space on servers of Bosch or its sub-contractors. The User can use Bosch Smart Gardening to manage the Bosch Indego Connect lawn mower (e.g. Indego S+ 500 or M+ 700) (hereinafter referred to as “Bosch Indego Connect”) remotely. The App enables the User to operate the Bosch Indego Connect via mobile end device (e.g. mobile phone, tablet). In particular, the User can start and stop the Bosch Indego Connect (provided the Bosch Indego Connect is switched on), set up mowing schedules and view the mowing progress. The User will be notified if the Bosch Indego Connect requires attention. The User can change and adjust settings and manage their account.
2.2. Bosch is entitled to have the services performed by third parties (including affiliated group companies of Bosch as per Section 15 et seq. of the German Stock Corporation Act (Aktiengesetz, AktG)) acting as sub-contractors.
3. Provision of Bosch Smart Gardening and storage space
3.1. In order to be able to fully use the Bosch Smart Gardening functions offered as part of the services, the Bosch Indego Connect as well as the installation of the Bosch Smart Gardening App on a smartphone or tablet ("Software as a Service") are required. The User has to ensure that mobile data communication is possible and the User shall bear any costs for the data transfer, which occur from the mobile phone provider. In order to use the functionalities of Bosch Smart Gardening, the mobile phone on which the App is installed must have a data connection to a mobile network.
3.2. The App is currently available for Android and iOS operating systems and can be downloaded free of charge from the respective App Stores in accordance with the applicable App Store terms and conditions and License Terms. This Terms of Use is concluded between Bosch and the User only, and not with Apple Inc. (“Apple”) resp. Google LLC. (“Google”). Bosch, not Apple resp. Google, is solely responsible for the App and the content thereof.
3.3. Details about the technical prerequisites, functions and operating guidelines are available at https://www.bosch-diy.com/gb/en/landing/robotic-lawnmowers/indego-faq .
3.4. User Content shall be stored and be regularly backed-up by Bosch throughout the term of this agreement. User shall be solely responsible for compliance with record retention periods required of User under commercial and tax law. “User Content” means all data, including all text, audio, video or image files and software, which a User transfers to Bosch in connection with the use of the App. This also includes User Data.
3.5. Bosch does not warrant that Bosch Smart Gardening meets the requirements of the User or that Bosch Smart Gardening is continuously available and/or error-free. Bosch assumes no warranty or maintenance for the Bosch Smart Gardening App. Bosch does not warrant that the access to and the use of Bosch Smart Gardening is not interrupted or affected by downtimes, maintenance activities, developments, updates and upgrades or malfunctions.
4. Registration, Bosch Smart Gardening Account
4.1. The registration process requires an existing SingleKey ID or, if a SingleKey ID is not available, the registration of the SingleKey ID by entering and specifying the required access data. After successful registration, Bosch.IO GmbH sends the customer an e-mail with a confirmation link to the e-mail address provided by the customer during the registration process, which also contains the general terms and conditions and the data protection guidelines of Bosch.IO GmbH are again included in text form. The terms of the contract are saved by Bosch.IO GmbH.
4.2. Registration is free of charge.
4.3. During the registration process, the User has to enter data required for registration, such as the email address (the "User Data"). By submitting the User Data, the User is making Bosch an offer to conclude a contract based on these Terms of Use. After sending the User Data, Bosch checks for completeness and plausibility. If the User Data is correct, Bosch will accept the offer of the User to conclude a binding contract ("User Relationship"), by activating the requested Bosch Smart Gardening Account. After the activation of the Bosch Smart Gardening Account, the User is permitted to use the App in accordance with these Terms of Use.
4.4. Bosch reserves the right to reject a submission and refuse to open a Bosch Smart Gardening Account for a User if Bosch has a reasonable basis to believe that the User will not comply with these Terms of Use.
4.5. Each User may register with Bosch Smart Gardening only once. Multiple registrations can lead to the suspension of the User of Bosch Smart Gardening. The Bosch Smart Gardening Account is non-transferable.
4.6. Bosch is permitted to send the User contractual declarations concerning the User Relationship, with binding effect for the User, to the SingleKey ID saved during the registration process.
5. Obligations of the User
5.1. The User is obliged to keep the data about him/her stored in the Bosch Smart Gardening Account complete and up-to-date at all times. This shall apply in particular to the SingleKey ID and User name.
5.2. The User shall undertake all necessary cooperation measures to process the contract on the User side. In particular, the User is obliged to keep the use and access authorizations he/she has been allocated confidential, to protect them from third-party access and not to disclose them to unauthorized Users. This data is to be protected by suitable, effective measures. The User shall notify Bosch immediately, if there is suspicion that the access data and/or passwords could have been disclosed to unauthorized persons. When using the Bosch Smart Gardening App the User must comply with the duty of care necessary for use and examine the results generated by the App to an appropriate extent prior to the use thereof.
5.3. If the User violates the aforementioned obligations, in particular by transferring access data to third parties or if Bosch has an indication of third-party use or any other misuse of the access data or the User’s Bosch Smart Gardening Account in Bosch Smart Gardening, Bosch is permitted to suspend the User's access temporarily or permanently in accordance with Section 10.1 or to end the User Relationship with the User with immediate effect, to delete the registration or the Bosch Smart Gardening Account of the User and to exclude the User in the future from any further use of Bosch Smart Gardening. The User can be given access to Bosch Smart Gardening again, once the suspicion has been eliminated or corresponding extra safety measures (such as a change of password or User data) have been taken.
6. Third-Party Content
6.1. The Content on Bosch Smart Gardening is partly from Bosch and partly from other third parties. Content of third parties is hereinafter referred to as "Third-Party Content". Bosch does not check the completeness, accuracy and legality of Third-Party Content, and does not adopt this Third-Party Content as its own. In particular, Bosch does not perform a check of the safety aspects associated with Third-Party Content. Consequently, Bosch assumes no responsibility or guarantee for the completeness, correctness, legality and up-to-dateness of Third-Party Content. This also applies concerning the quality of Third-Party Content and its suitability for a particular purpose, and also, if it concerns Third-Party Content on external linked websites, anything which could be seen as framing on the application (or parts thereof).
6.2. Notwithstanding the before mentioned provisions, Bosch will, at its own discretion, examine legitimate notices of infringements of these Terms of Use, or of any unlawfulness or inaccuracy of Third-Party Content and, where applicable, take appropriate actions. In particular, Bosch will use reasonable efforts to remove unlawful or offensive Third-Party Content, as soon as Bosch is aware of it.
7. Associated Services
7.1. General information on the use of third party services/ use via partner apps
Third party services integrated into the Bosch Smart Gardening App (e.g. Amazon Alexa, Google Assistant, IFTTT etc.) (hereinafter also referred to as “Partner App”) extend the possibilities of Bosch Smart Gardening App. Usually, the use of these integrated or external services require coupling your Bosch Smart Gardening App to your existing third party User account of the Partner App. Any special terms of use of the provider that apply to the use of such services integrated into the Bosch Smart Gardening App or external services can be found in the provider’s app, which must be downloaded separately and the conditions accepted before using these services. The third party provider is solely responsible for the Partner App and the terms of use.
The provision of third party integration within the Bosch Smart Gardening App or the coupling with external services constitutes an additional functionality for whose availability Bosch is not responsible. Bosch may, in principle, limit and stop or discontinue access of the provision at any time without prior notice. Generally, Bosch cannot verify the data provided by the third party supplier for correctness and completeness and assumes no liability in this respect.
The third party provider’s company (“Partner Company”) is solely responsible for the Partner App, its availability and the corresponding terms of use, not Bosch. There is no obligation on Bosch’s part to provide the possibility of using Bosch Indego Connect via apps from Partner Companies.
The Partner Company can itself create conditions for usability via the Partner App, such as registration or a specific hardware of the Partner Company, on which Bosch has no influence. Bosch does not guarantee the provision or availability of Bosch Indego Connect via the Partner App, nor does it assume any corresponding liability. Bosch may limit or discontinue the provision of the Partner Apps at any time without prior notice or suspend access. The User is not entitled to the originally granted use via the Partner App. Bosch is also entitled not to activate certain functionalities – for example for security reasons – in the Partner Apps.
The intended and unintentional remote control or automated control of Bosch Indego Connect via the Partner App of a partner company may also mean the risk of unexpected switching off or on of the Bosch Indego Connect. In addition, due to external circumstances (e.g. interrupted wireless connection or internet connection) do not always ensure that commands are actually executed or that the correct device status is displayed in the App (such as a twist). This implies the risk that the Bosch Indego Connect may be inadvertently switched off or powered up and consequently be or remain switched on. This can cause personal or material damage. Bosch assumes no liability to this extent.
Therefore:
Make sure to the maximum extent possible that no person is endangered at the time of remote control or automated control. Take special care with the remote control or automated control and check the desired functionality at regular intervals. This applies in particular if you reconfigure Bosch Indego Connect to connect to another location and have it integrated into scenarios.
7.2. Voice Control
In addition, the following shall apply to the use of services offered for voice control by Bosch or Partner Companies (hereinafter referred to as “Voice Control”):
7.2.1. Content of third parties
The service for the use of Voice Control may include third party content (e.g. texts, images, videos, audio or software). These contents are the exclusive responsibility of the person making them available. In addition, content accessible through the Voice Control Service may be subject to intellectual property rights and, if so, may only be used by the User, if the User receives a license from the owner of this content or is otherwise permitted by law.
7.2.2. Access restrictions
The User’s access to the content provided by the Voice Control Service may be restricted or filtered in accordance with applicable laws, regulations and guidelines.
7.2.3. Usage license
For the sole purpose of providing, securing and improving the Voice Control Service, the User agrees to the access and monitoring of the Voice Control Service and grants Bosch an unlimited, irrevocable, worldwide, sub-licensible, free and non-exclusive license to use content transmitted, published or displayed through the Voice Control Service. “Use” means use, convey, store, modify, distribute and publish.
7.2.4. Prohibited activities
Any action that is likely to impair the smooth operation of Voice Control and related services, in particular to place undue strain on Bosch’s IT systems is prohibited.
User contributions may not contain content that violates applicable law, rights or morality. Furthermore, the User allows the provider to modify his contributions if they violate the above-mentioned rules or are likely to cause damage to the provider or a third party.
Should you become aware of any illegal, abusive, non-contractual or other unauthorized use of the Voice Control System or the services, you can contact Robert Bosch Power Tools GmbH and report this unauthorized use. We will then examine the process and take appropriate steps if necessary.
Unless and unless expressly permitted by the copyright holder or applicable law, the User is prohibited in connection with the use of the Voice Control Service and the content:
• To extract data, create databases or otherwise make durable copies of such content or to keep cache copies longer than the cache header allows;
• copying, translating, modifying, creating a derivative work from, selling, renting, lending, transmitting, distributing, public advertisement or sublicensing to third parties;
• misrepresenting the source or ownership; or
• remove, obscure or alter copyright, trademark or other proprietary notices, or falsify or delete author attributions, legal notices or other identifying marks of the origin or source of the material.
7.2.5. Granting of rights of us
While the User communicates via Voice Control with, for example, Amazon Alexa or Google Assistant or Google Home, the messages entered or announced by Users (“Posts“) are stored. By using the Voice Control System, the User grants Bosch an unlimited by time and space, sub-licensable and free-of-charge right to use the content that is transmitted, published or displayed as part of the use of the free service. “Use” means use, convey, store, modify, communicate, publish and reproduce in any form. The personal User Data will not be published.
7.3. Support
The User is not entitled to claim the provision of support services such as updates or advice outside the warranty right. The provision of support services by Bosch shall not result in the warranty period beginning again.
8. Intellectual Property
8.1. Bosch Smart Gardening is the property of Bosch or its licensor and is protected by copyright or by other intellectual property rights.
8.2. This Terms of Use grants the User the following rights of use to the Software:
8.2.1. With the conclusion of this Terms of Use, Bosch grants the User the non-exclusive and non-transferable right to use the Software on a device that he/she owns or are in possession of and on which the Software can be run in accordance with the system requirements, which can be viewed before concluding these Terms of Use.
8.2.2. The right of use does not cover the provision of the Software over a network for simultaneous use on multiple end devices.
8.2.3. The User is not permitted to distribute or otherwise make the Software available to third parties (including renting, leasing, loaning or sub-licensing).
8.2.4. It is not permitted to remove references and comments in Bosch Smart Gardening, which refer to confidentiality, copyrights, trademarks, patent rights and other rights on intellectual property.
8.2.5. The User is not entitled to modify, reverse engineer, decompile or disassemble the program code of the Software or any part thereof, or to otherwise determine the source code or create works of the Software derived from said source code. The mandatory, non-negotiable provisions of Sections 69(d) and 69(e) of the German Copyright Act (UrhG) shall remain unaffected by this.
8.3. The terms outlined above also apply to all updates/upgrades and plug-ins for the App that are made available for the User to download by Bosch, provided that these are not subject to separate agreements. If they are, only those provisions for the relevant update/upgrade and plug-in shall apply.
9. Renumeration
The Registration with Bosch Smart Gardening and the use of the App is free of charge.
10. Suspension
10.1. Bosch can suspend the access of a User to Bosch Smart Gardening, temporarily or permanently, if the User breaches its obligations as set out in Section 5, or if Bosch has another legitimate interest in a suspension of this kind. A legitimate interest exists, for example, if a User repeatedly and in a significant manner violates the Terms of Use as per Section 8. When assessing whether and how long a User should be suspended, Bosch shall take into consideration the legitimate interests of the User.
10.2. Bosch shall send written notification to the User prior to the suspension. In legitimate individual cases (for example, if serious or repeated violations exist), Bosch can act without prior warning. When deciding about a warning, Bosch shall take into account the legitimate interests of the User.
10.3. In the event of a temporary or permanent suspension, Bosch shall suspend the access rights of the User to Bosch Smart Gardening, and notify the User about this via the SingleKey ID stored in Bosch Smart Gardening. In the event of a temporary suspension, Bosch shall activate the access rights after the expiry of the notified suspension period. Access rights which are permanently blocked cannot be restored.
11. Warranty, liability
11.1. Bosch does not assume any warranty for material defects and/or defects of title, except in cases in which Bosch fraudulently concealed the respective material defect and/or defect of title.
11.2. Bosch shall only be liable to the User for damage that is caused by an intentional or grossly negligent violation of contractual obligations by Bosch and 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 for the contract to be properly implemented and on the performance of which it is reasonable for the User to rely as a matter of course (cardinal contractual obligations/cardinal obligations), the liability of Bosch shall be limited to foreseeable and typically occurring damages. In particular, Bosch shall not be liable for any consequential damages, 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.
11.3. The foregoing limitations of liability shall also apply in the event of fault by a person engaged by Bosch in the performance of its obligations and to the personal liability of employees, representatives and corporate bodies of Bosch.
12. Term, termination
12.1. The User Relationship commences with the date of Registration and will remain in effect until terminated by Bosch or by the User.
12.2. Termination for Convenience
a) The User may terminate these Terms of Use at any time for any reason, and close his Bosch Smart Gardening Account. Bosch shall provide an account closing mechanism for this in the App.
b) Bosch may terminate these Terms of Use for any reason or no reason at any time, by providing three (3) months’ notice effective at the calendar month-end.
12.3. Each Party has the right to terminate these Terms of Use for cause and without notice. Cause shall be considered evident when one Party breaches a material term of these Terms of Use, including but not limited to instances wherein the User
a) submits incorrect or untruthful information to Bosch during Registration of the Bosch Smart Gardening Account or at any time subsequent to Registration;
b) utilizes Bosch Smart Gardening outside the scope of these Terms of Use and remains in breach after the end of a reasonable cure period following a warning notification by Bosch;
c) breaches its obligations pursuant to Section 5 or as per Section 8.
12.4. Upon the effective date of termination, User’s right to use Bosch Smart Gardening shall automatically terminate and Bosch Smart Gardening will no longer be accessible by User.
12.5. Termination requires text form (e.g. letter, fax, e-mail).
13. Data Privacy
Bosch processes personal data in accordance with the Privacy Statement .
14. Changes to the App and the Terms of Use
14.1. Bosch reserves the right to modify Bosch Smart Gardening at any time in its sole discretion, even within the existing User Relationship, if this is necessary to meet technical requirements, change in laws or regulations or with regard to further developments, provided that the changes are reasonable for the User, taking into account the interests of Bosch.
14.2. Bosch reserves the right, within the bounds of reasonableness and taking into account the legitimate User interest, to change the Terms of Use, if this is necessary to meet the technical requirements of connecting networks, devices or computers, change in laws or regulations or with regard to further developments, however the essential characteristics are retained. Changes are only made if the interest of Bosch in the change prevails. User shall be notified of changes by e-mail within a reasonable period of time, but no later than thirty (30) calendar days, before the planned effective date of the changes insofar as the modifications involves a restriction on the usability of data generated till date or other disadvantages or additional charges (e.g. adaptation expenses). User shall be advised of its existing right to object and/or terminate and of the consequences of the respective change in the change notification. If User does not object within thirty (30) days of receipt of the notification after expiry of the period for objection, the changes shall then be deemed to have been effectively agreed as from the expiry date of the time limit. In the event of an objection, the contractual relationship shall continue to be subject to the conditions applying hitherto. If an objection is raised, Bosch is entitled to terminate the User Relationship subject to a one (1) month notice period.
14.3. Editorial changes to the Terms of Use, i.e. changes, which do not affect the User Relationship such as correcting typing errors, will be made without notifying the User.
15. Customer service, complaints, online dispute settlement
15.1. Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides an online dispute resolution (OS) platform, which can be found under http://ec.europa.eu/consumers/odr/ The User can also forward requests to Bosch by e-mail, among other means: bosch.servicecentre@uk.bosch.com
15.2. Bosch does not participate in out-of-court dispute resolution proceeding in front of a consumer arbitration board. Any complaints, objections, questions and comments can be addressed to the contact data specified in Section 1.1.
16. Applicable law and place of jurisdiction
16.1. The contractual relationships between the Parties shall be governed by the laws of the Federal Republic of Germany. This choice of law may not, however, have the result of depriving a consumer of the protection afforded to him by provisions under the laws of the country where the consumer has his or her regular place of residence (“principle of favorability”). Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
16.2. If the User is a business entity, juristic person under public law or a public-law fund within the meaning of § 14 of German Civil Code (BGB), the exclusive place of jurisdiction for any legal disputes arising from or in connection with these Terms of Use shall be Stuttgart, Germany.
17. Miscellaneous
17.1. Force Majeure: Operational disruptions caused by force majeure or other unavoidable events beyond Bosch's control,
a) which could not be averted with reasonable effort,
b) which could not have been foreseen even when exercising with extreme care, and
c) which make Bosch's obligations under these Terms of Use considerably more difficult or completely or partially impossible, such as strikes, lockouts, exceptional weather conditions, operational or traffic disruptions and transport obstructions, discharge Bosch from its obligations under these Terms of Use for the duration of such an event.
17.2. Contractual declarations and notifications to be given by the User after execution of an agreement (such as setting of deadlines, notification of defects, and declaration of withdrawal or reduction) must be provided in text form (e.g. e-mail, letter) to be effective.
17.3. User may not assign any or all portion of its obligations without the prior written consent of Bosch, not to be unreasonably withheld.
17.4. Should any provision of these Terms of Use be or become invalid or unenforceable, this shall, however, not affect the remaining provisions.
17.5. Legal Compliance: The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
17.6. For Apple IoS only: Both Apple and all Apple subsidiaries are third party beneficiaries of this TERMS OF USE and, upon the acceptance of this TERMS OF USE, Apple will have the right (and will be deemed to have accepted the right) to enforce the TERMS OF USE against the User as a third party beneficiary thereof.
Robert Bosch Power Tools GmbH