Bosch Sensortec GmbH, Gerhard-Kindler-Straße 9, 72770 Reutlingen, Germany, ("Bosch") offers a platform under https://community.bosch-sensortec.com (“Community”) via which registered Users can interact and communicate with each other. These Terms of Use (“Terms of Use”) govern exclusively the legal relationship between Bosch and the User, or the entity the User is representing, regarding the access to the Community.
1. Scope of Terms of Use
1.1 Bosch provides the access to Community exclusively on the basis of these Terms of Use.
1.2 User, in case of an individual, warrants that he is lawfully able and has the capacity to enter into contracts (e.g. he is not a minor). If any person is entering into this agreement as a representative for an entity, such as the company for which the User is working for, such person warrants to Bosch that his company is duly organized, validly existing and in good standing under the laws of the country in which it is organized or incorporated and that he has legal authority, permission, resolution or power of attorney to bind that company.
1.3 Any other provisions, in particular any general terms and conditions of the User, shall not be effective.
1.4 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. eMail, letter) to be effective.
2. Community
2.1 The Community is a platform intended to promote the exchange of information on Bosch products and services. Users can, in particular, read articles, publish comments, rate articles and discuss topics insofar as this information is not sensitive.
2.2 The Community shall not be used for any exchange of information that is sensitive from the point of view of competition. This includes any discussions or unilateral disclosure of information relating to prices, price components, terms and conditions of supply / service agreed with Users or suppliers, capacities, sales policies, sales territories and User allocations, costs, technical know-how, investments, market entries of new products, technologies and services. The User must object to new topics discussed in the Community which he feels are not in compliance with antitrust law and inform Bosch via [email protected] immediately.
2.3 Bosch shall store and regularly back up User Content for the term of these Terms of Use. The User is solely responsible for compliance with mandatory record retention periods for financial accounting and tax purposes.
3. Account, Users and Notices
3.1 The access to the Community requires a registration to open an Account (“Registration”).
3.2 Bosch offers Registration by using existing access data of the Bosch ID. For this purpose, the User must submit the data (e.g. e-mail address) stored with Bosch ID to Bosch (“Registration Data”). If the User has not yet registered a Bosch ID, he must first subscribe to the Bosch ID service, before making a Registration with the Community.
3.3 By submitting Registration Data, User is making Bosch an offer to conclude a contract based on these Terms of Use. After submitting the Registration Data, it is validated by Bosch for completeness and plausibility. If the Registration Data is correct, Bosch shall decide on whether to confirm or refuse the Registration at Bosch’s sole discretion. In case of confirming the Registration, Bosch may send an e-mail confirmation to User’s eMail address associated with the Bosch ID; an open-ended user relationship shall be established on the basis of these Terms of Use and User shall be entitled to use the Community
in accordance with these Terms of Use (“User Relationship”).
3.4 All notices will be sent in electronic form to the email address associated with the Account and the Bosch ID.
3.5 Bosch reserves the right to reject a submission and refuse to open an Account for a User, if Bosch has a reasonable basis to believe that the User will not comply with these Terms of Use.
3.6 Each User may register with the Community only once. Multiple registrations can lead to the suspension of the User. The Account is non-transferable.
3.7 User is liable for all activities performed under User’s Account.
4. Third-Party Content
4.1 The Content of the Community is partly from Bosch and partly from other Users or third parties (collectively referred to as "Third-Party Content”). Bosch does not carry out an examination for completeness, correctness and legality in Third-Party Content and does not adopt it as its own. In particular, Bosch does not carry out any inspection of the safety aspects related to Third-Party Content. This also applies to the quality of Third-Party Content and its suitability for a specific purpose, and also, as far as Third-Party Content is linked to external websites, which may possibly be viewed through framing (or parts thereof). 4.2 Notwithstanding the provisions in Section 4.1, Bosch will 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 to end this unlawful condition. In particular, Bosch will remove unlawful or offensive Third-Party Content, as soon as Bosch is aware of it.
5. User's Obligations
5.1 Users’ access to the Community shall comply with all applicable laws, including copyright or trademark laws, antitrust and competition laws, export control laws, data protection laws, or other laws in any applicable jurisdiction or be in contravention of any agreement that the User has signed with a third party. User is responsible for making sure that its access to the Community is in compliance with the applicable laws and regulations.
5.2 User is obliged to provide in due time reasonable cooperation required from him. Therefore User is obliged to correct the information in User’s Account immediately, if, after the Registration, the indicated data changes. This shall apply in particular to the Bosch ID and user name.
5.3 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.
5.4 User shall not:
a) Intentionally access, tamper with, or use non-public portions of the Community or the technical delivery systems of Bosch's providers;
b) Use any robot, spider, scraper, or other similar automated data collection or extraction tools, program, algorithm or methodology to search, access, acquire, copy or monitor any portion of the Community other than via documented API endpoints;
c) Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Community;
d) Attempt to decipher, decompile, disassemble, or reverse-engineer or otherwise attempt to discover or determine the source code of any software or any proprietary algorithm used, comprising or in any way making up a part of the Community;
e) Attempt to probe, scan or test the vulnerability of the Community or breach or impair or
circumvent any security or authentication measures protecting the Community;
f) Frame or mirror the Community; or
g) Use any device, software, or routine that interferes with any application, function, or use of the Community, or is intended to damage, create undue load, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication stored or transmitted therewith.
5.5 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 Account, Bosch is permitted to suspend the User's access temporarily or permanently in accordance with Section 9 or to end the User Relationship with the User with immediate effect, to delete the registration or the Account of the User, and to exclude the User in the future from any further use of Community. The User can be given access to Community again, once the suspicion has been eliminated or corresponding extra safety measures (such as a change of password or Registration Data) have been taken.
6. Conduct (Netiquette)
6.1 The User is obliged to observe the rights of third parties at all times when using the Community. The User is responsible for all User Content that he submits and shares on the Community.
6.2 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 via the Community, which
a) is pornographic, glorifies violence or endangers young people;
b) calls for crimes to be committed or represents instructions for doing so;
c) refers to political actions, in particular party meetings, demonstrations, leaflet or signature campaigns, as well as Content which depicts political symbols;
d) offends, slanders, harasses, threatens or damages in any other way, or is provocative or aggressive towards other Users, Bosch or third parties who are natural and/or legal persons;
e) is, in any other way, illegal, immoral, obscene, vulgar, disturbs the privacy of other people, is defaming or offensive, or contains untrue allegations or abusive criticism;
f) has been manipulated, in order to conceal the origin;
g) contains trade and business secrets of natural or legal persons, or other Content which the User is not permitted to distribute – for example due to non-disclosure agreements;
h) is suitable, according to its nature (e.g. viruses), size or reproduction (e.g. spamming) to endanger the existence or operation of the application (or parts thereof);
i) contains links or other connections to Content which is prohibited according to the aforementioned criteria, and/or
j) calls for violation of the aforementioned prohibitions.
Community moderators may at any time and without prior notice remove any posted content and delete words that violate this conduct.
6.3 System Integrity
a) Users can upload files to the Community. However, Users may not use software, scripts, files, or other mechanisms in connection with the use of the Community that may interfere with the faultless operation of the Community. The User is not allowed to block, overwrite, alter or otherwise interfere with any content produced by Bosch or other Users.
b) Bosch is not liable for damages caused by the fact that Users abuse this function of the Community (for example, the distribution of viruses, etc.).
6.4 Users who determine
a) an infringement or violation of this Conduct, or
b) possibly other unacceptable Content,
are obliged to promptly report this to Bosch by
a) clicking the button “report inappropriate content”; or b) contacting Bosch directly via [email protected].
6.5 Bosch shall examine the respective Content complained about with the participation of the responsible User, and shall immediately remove the respective Content in case of any illegality or any infringement of this Terms of Use. This shall also apply if User believes that IP rights belonging to him have been posted, submitted or uploaded onto the Community without User’s permission.
7. Intellectual Property
7.1 Bosch and its licensors own all right, title, and interest in and to the Community, and all related technology and intellectual property rights.
7.2 It is not permitted to remove notices and notations in the Community that refer to confidentiality, copyrights, trademark rights, patent rights and other intellectual property rights.
8. User Content, Feedback
8.1 User warrants that
a) User has all rights and title to User Content required to grant to Bosch all rights under these Terms of Use;
b) User Content shall not violate these Terms of Use or applicable law and shall not infringe or misappropriate the intellectual property of a third party;
c) User Content is free of viruses, worms, malware, Trojan horses or any other contaminating or destructive features.
8.2 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 Community. The User remains the owner of his User Content and has sole responsibility for it himself.
8.3 By submitting, uploading, sharing, publishing, transmitting, or otherwise making available User Content on or through the Community, 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. The right of use includes, in particular
a) the storage of User Content on the servers of Bosch or of third parties commissioned by Bosch at home or abroad;
b) the reproduction, modification, moderating and publishing of User Content, in particular publicly performing and publicly displaying User Content via the Community (or parts thereof), and publicly displaying the User Content on web sites operated by Bosch and on social networks and similar Communities (such as Facebook, Google, Stack Overflow, LinkedIn, Twitter, Youtube, Github, etc.). c) making User Content available to other Users within the scope of this Section 8. 8.4 Without prejudice to the Bosch's obligation to store User Content in accordance with Section 2.3, the User is obliged to create back up of User Content on a regular basis in an alternative storage medium.
8.5 Should a User provide Bosch with comments, suggestions, improvements or other communication directly relating to the Community or a product of Bosch (“Feedback”), Bosch may use the Feedback free of charge to provide its services and/or improve existing products.
9. Warranty
9.1 As the Community is provided free of charge, there is no warranty, except for damages arising from defects fraudulently concealed by Bosch.
9.2 There is no right to access or use the Community without interruption. Bosch does not warrant that the access to the Community will not be impaired by downtime, maintenance activities, further developments, updates and upgrades or malfunctions. Bosch will use reasonable efforts to ensure that the Community is as user-friendly as possible.
10. Suspension
10.1 Bosch may suspend User’s access to the Community, if Bosch reasonably determines that
a) the User Content and/or the User’s use of the Community
· pose a security risk to the Community and/or any third party;
· may adversely impact the Community or the systems or Content of any other User;
· infringes any applicable law or any third party right;
· may subject Bosch, Bosch’s Affiliates, or any third party to liability, or
· may be fraudulent.
b) the User is in breach of this Terms of Use.
10.2 Bosch will notify User about the suspension by sending a communication to the email address associated with User’s Account prior to the suspension unless due to the seriousness and urgency of the matter Bosch needs to act immediately and is unable to provide prior notice. The suspension shall be revoked as soon as the User has resolved the problem giving rise to the suspension.
10.3 The right of Bosch to suspend User’s access Community is in addition to Bosch’s right to terminate these Terms of Use pursuant to Section 13 and other remedies that Bosch may have under the applicable law.
11. Liability
11.1 As the Community is provided free of charge, Bosch assumes no liability for damages resulting from the access and use of the Community, except in cases of gross negligence and/or intent. Liability for damages under the German Product Liability Act or any applicable mandatory law is not excluded.
11.2 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.
12. Indemnification
12.1 The User is obligated to indemnify, defend and hold Bosch harmless for and from any third party claims related to
a) any breach of this Terms of Use or any violation of any applicable law or regulation by the User or due to the use of User Content;
b) the usage of the Community by the User in a manner in which it infringes or violates any third-party rights;
c) claims regarding User Content, or the combination of User Content with other applications and third party products, content or processes, including any claims arising from alleged infringement or misuse of third party rights through User Content or through use, development, design, production, advertising or marketing of User Content,
d) the use of Open Source Software by the User,
e) any infringement of data protection law respectively applicable or other data protection law relevant stipulations as agreed between the Parties herein or in another context by the User or through User Content,
f) any violation of applicable export and re-export control laws and sanctions regulations by the User,
unless User is not responsible for the claim.
12.2 Bosch shall notify the User without delay and leave to the User the defense of these claims. Bosch will provide the User with all reasonable support. In particular, Bosch will, as far as possible, provide the User with all the necessary information of the use and the possible processing of the Community which are subject to this Terms of Use.
13. Term and Termination
13.1 The term of this Terms of Use commences with the date of Registration and will remain in effect until terminated by Bosch or by the User.
13.2 Termination for Convenience
a) The User may terminate this Terms of Use at any time for any reason and close the Account, for which Bosch provides an account closing mechanism.
b) Bosch may terminate this Terms of Use for any or no reason, at any time, by providing three (3) months’ notice effective at the calendar month-end. The right to suspend User’s Account according to Section 10 shall remain thereby unaffected.
13.3 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 or at any time subsequent to Registration;
b) utilizes the Community 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 6.
13.4 Upon the effective date of termination, the Community will no longer be accessible by User.
13.5 Termination requires text form (e.g. letter, fax, e-mail).
14. Data Privacy
Bosch processes personal data in accordance with the Community Data Protection Notice.
15. Export Compliance
15.1 The access to the Community and User content might be subject to local and international export and re-export control laws and sanctions regulations. The User agrees to comply with all applicable export and re-export control laws and sanctions regulations, including but not limited to the legislation of the Federal Republic of Germany, the European Union, the United States of America and the United Nations.
15.2 User acknowledges that the Community is designed with capabilities to be accessed without regard to geographic location of the User. The User shall not – directly or indirectly – provide access to the Community to any destination, entity, or person prohibited or sanctioned by the respectively applicable national or international laws and regulations, in particular of the Federal Republic of Germany, the European Union, the United States of America, the United Nations or any other jurisdiction involved.
15.3 Bosch has the right to refuse the access to the Community in case the User acts against a regulation in this Section 15 or if it is necessary for Bosch in order to comply with national or international legal provisions. In this case the User is excluded from raising a claim for any damage or other rights on account of the refusal.
15.4 User agrees that the Community and resulting data, information and software will not be used directly or indirectly for nuclear, chemical or biological weapons proliferation, development of missile technology or any other military purpose.
15.5 This Export Compliance Clause shall survive termination or cancellation of the agreement between
Bosch and the User.
16. Changes
16.1 Bosch may at its sole discretion, change, alter, modify, add and remove features, Content, and other materials of the Community at any time, or may suspend or discontinue any feature or functionality provided via the Community at any time without prior notice. Bosch will take due care of User’s legitimate interests.
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). 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, 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. User Service, Complaints, Online Dispute Resolution
17.1 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: [email protected].
17.2 Bosch does not participate in out-of-court dispute resolution proceeding in front of a consumer arbitration board. Complaints, questions and comments to Bosch can be made via [email protected].
18. Definitions
Account means the access authorization to the Community.
Access Credentials are used to control access to an Account and consist of a user ID and a password only known by the User.
Affiliate shall mean an entity that controls, is controlled by, or is under common control with a Party to this Agreement, where “control” means the direct or indirect holding of more than 50% of equity ownership or voting rights. Bosch ID means the user id of the single sign-on service provided by Services der Robert Bosch GmbH, that assists in authentication of the User on all products and online services of Bosch and its Affiliates, using a User's existing email address from any email provider. Community means the platform provided under https://community.bosch-sensortec.com.
Content means all information available via the Community, such as documents, images and source code, software, software functionalities, APIs, data, text, audio, video or images, including Documentation; sample code; software libraries; command line tools; proofs of concept; templates; and other related technology.
User means the owner of an Account.
User Content means Content that a User transfers to Bosch in connection with the access to and use
of the Community. User Content also includes Registration Data.
Third-Party Content means Content made available to User by a third party other than Bosch via the Community.
19. Applicable law and place of jurisdiction
19.1 The contractual relationships between the Parties shall be governed by the laws of the Federal Republic of Germany. This choice of law shall only apply to consumers to the extent that the protections afforded thereunder are not afforded 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.
19.2 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.
20. Miscellaneous
20.1 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.
20.2 User may not assign any or all portion of its obligations without the prior written consent of Bosch, not to be unreasonably withheld.
20.3 Should any provision of these Terms of Use be or become invalid or unenforceable, this shall, however, not affect the remaining provisions.
Bosch Sensortec GmbH