Bosch Event App
Terms of Use
Last amended: January 2020
1.1 Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen-Schillerhöhe, Germany, E-mail: Bosch.EventsApp@bosch.com, (hereinafter referred to as "Bosch"), provides the mobile application “Bosch Event App” (hereinafter referred to as "Bosch Event App" or “App”) on the basis of these Terms of Use (“Terms of Use”).
1.2 These Terms of Use apply in the version valid upon the conclusion of the contract for the registration with the Bosch Event App and the use of the Bosch Event App.
1.3 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 at-torney to contractually bind this company.
2.1 The subject matter of these Terms of Use is the provision of the Bosch Event App, as well as the necessary storage space on servers of Bosch or its sub-contractors.
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.
3.1 In order to use the Bosch Event App, the User must first download and install the App on User’s mobile phone. 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. In addition, the App is available as browser based version. The User has to ensure that mobile data communication is possible and shall bear any costs for the data transfer, which are incurred from the mobile phone provider.
3.2 In order to use the functionalities of the Bosch Event App, the mobile phone on which the App is installed must have a data connection to a mobile network.
3.3 Details about the technical prerequisites, functions and operating guidelines are available at https://spotme.com/technical-specifications-participant-requirements/.
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 Bosch Event App. This also includes User Data.
4.1 During the registration process, the User has to enter his full name, email address and event code (the "User Data"). By submitting the User Data, the User is making Bosch an offer to conclude a contract on the basis of these Terms of Use. After sending the User Data, it is checked by Bosch 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 sending to the User a “Welcome Email” including a link to download the Bosch Event App and an activation code for accessing the app. After the activation of the Bosch Event App account, the User is permitted to use the App in accordance with these Terms of Use. If the User has any change to his name, he can edit his name in the Bosch Event App. If the User has a change to his email address, the User is obliged to send an email to indicate this change to: Bosch.EventsApp@bosch.com.
4.2 Bosch reserves the right to reject a submission and refuse to open a Bosch Event App account for a User if Bosch has a reasonable basis to believe that the User will not comply with these Terms of Use.
4.3 The User must go through the registration process for each event and receives an individual activation code for each event. Each User may register with the Bosch Event App only once per event. Multiple registrations for the same event can lead to the suspension of the User of the Bosch Event App. The Bosch Event App account is non-transferable.
4.4 Bosch is permitted to send the User contractual declarations concerning the User Relationship, with binding effect for the User, to the email address saved during the registration process.
5.1 The User is obliged to keep the data about him stored in the Bosch Event App account, complete and up-to-date at all times. This shall apply in particular to the email address 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 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.
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 Event App account, in the Bosch Event App, Bosch is permitted to suspend the User's access temporarily or permanently in accordance with Section 12.1 or to end the User Relationship with the User with immediate effect, to delete the registration or the Bosch Event App account of the User, and to exclude the User in the future from any further use of the Bosch Event App. The User can be given access to the Bosch Event App again, once the suspicion has been eliminated or corresponding extra safety measures (such as a change of pass-word or User data) have been taken.
6.1 The Content on the Bosch Event App is partly from Bosch, and partly from other Users or other third parties. Content of Users and other third parties is hereinafter referred to jointly 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 with regards to 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 in the Bosch Event App (or parts of it) 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 and if technically possible.
7.1 No right of ownership on the User Content of Bosch is established by the transfer, uploading, transmission or publishing of User Content in connection with the use of the Bosch Event App. The User remains the owner of his User Content and has sole responsibility for it himself.
7.2 By submitting, uploading, sharing, publishing, transmitting, or otherwise making available User Content on or through the Bosch Event App, User hereby grants to Bosch a fully paid, irrevocable, perpetual, royalty free, worldwide, sub-licensable, non-exclusive license and right to use User Content for the sole purpose of enabling Bosch to perform its obligations in accordance with these Terms of Use and in accordance with the Bosch Event App Data Protection Notice. The right of use includes, in particular
7.3 User warrants that:
7.4 Without prejudice to Bosch's obligation to store User Content as per Section 3.4, the User shall create back up of User Content on a regular basis in an alternative storage medium.
8.1 If the User is an employee of a company of the Robert Bosch Group, he is prohibited from posting information, documents or data belonging to classifications other than C-SC0 or C-SC1.
8.2 The User is obliged to observe the rights of third parties at all times when using the Bosch Event App. The User is responsible for all User Content that he submits and shares on the Bosch Event App.
8.3 The User has to ensure that User Content does not violate legal prohibitions (in particular the provisions concerning youth protection) or third-party rights (in particular name rights, personality rights, copyrights, data protection rights and trademark rights). In particular, the User is obliged not to share Content on the Bosch Event App, which
8.4 Content which is not permitted according to the aforementioned criteria is not allowed to be sent or distributed via the messaging service integrated in the Bosch Event App.
9.1 Bosch provides support by e-mail (Bosch.EventsApp@bosch.com) for malfunctions which occur in association with the Bosch Event App. The support by e-mail can be reached at least during business hours from 9 am–5 pm German time.
9.2 It is also possible to request support by the button “Support Website”. For each request which reports a malfunction, there will be generated a ticket and allocated it a corresponding error class.
10.1 The Bosch Event App is the property of Bosch or its licensor and is protected by copyright or by other intellectual property rights.
10.2 It is not permitted to remove references and comments in the Bosch Event App, which refer to confidentiality, copyrights, trademarks, patent rights and other rights on intellectual property.
The Registration with the Bosch Event App and the use of the App is free of charge.
12.1 Bosch can suspend the access of a User to the Bosch Event App, 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.
12.2 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.
12.3 In the event of a temporary or permanent suspension, Bosch shall suspend the access rights of the User to the Bosch Event App, and notify the User about this via the email address stored in the Bosch Event App. 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.
13.1 Bosch does not assume any liability for damages resulting from the use of the App, except in case of gross negligence or intent. The liability according to the German Product Liability Act remains unaffected.
13.2 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.
13.3 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. Bosch does not warrant that the Bosch Event App meets the requirements of the User or that the Bosch Event App is continuously available and/or error-free. Bosch assumes no warranty or maintenance for the Bosch Event App. Bosch does not warrant that the access to and the use of the Bosch Event App is not interrupted or affected by downtimes, maintenance activities, developments, updates and upgrades or malfunctions.
14.1 The User Relationship commences with the date of Registration and will remain in effect until terminated by Bosch or by the User.
14.2 Termination for Convenience
14.3 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
14.4 Upon the effective date of termination, User’s right to use the Bosch Event App shall automatically terminate and the Bosch Event App will no longer be accessible by User.
14.5 Termination requires text form (e.g. letter, e-mail).
Bosch processes personal data in accordance with the Bosch Event App Data Protection Notice.
16.1 Bosch reserves the right to modify the Bosch Event App and the App 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.
16.2 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 email 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). If User does not object within thirty (30) days of receipt of the notification after expiry of the period for objection, then the changes shall 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 be continued 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.
16.3 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.
17.1 Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission pro-vides an online dispute resolution (OS) platform, which can be found under http://ec.europa.eu/consumers/odr/
17.2 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. The User can also forward requests to Bosch by e-mail, among other means: Bosch.EventsApp@bosch.com.
18.1 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.
18.2 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.
19.1 Contractual declarations and notifications to be given by the User after execution of an agreement (such as setting of deadlines, notification of defects) must be provided in text form (e.g. eMail, letter) to be effective.
19.2 Should any provision of these Terms of Use be or become invalid or unenforceable, this shall, however, not affect the remaining provisions.
Robert Bosch GmbH