Bosch MeasureOn web app Terms and Conditions of use (“terms”)

Last modified: March 26, 2021

1. Overview.

General. Robert Bosch Tool Corporation and its subsidiaries and affiliates (collectively, “Bosch”) provide Bosch products, including laser distance measuring tools with digital connectivity capability purchased through an authorized Bosch dealer (“Dealer”) (such products referred to in the Terms collectively as “Bosch Products”) and the related services and systems, including this “MeasureOn Web App,” which may be used in conjunction with the “MeasureOn Mobile App,” and provides you the ability to retrieve laser rangefinder-generated data, including data collected with the MeasureOn Mobile App, organize the data into projects, store the data and synchronize the data across Customer’s mobile devices which use the MeasureOn Web App (the “Services”). The Services can be used in ways that integrate with Bosch Products and products and services provided by third parties.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

BY ACCESSING OR USING THE SERVICES, YOU AND THE INDIVIDUAL OR THE ENTITY YOU REPRESENT ACCEPT AND ACKNOWLEDGE THAT THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND BOSCH WHICH GOVERNS YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT SIGN THIS AGREEMENT OR ACCESS OR USE THE SERVICES.

Intended Use of Services. The Services are intended to be accessed and used for (i) non-time-critical information; and (ii) compilation and analysis of job site information, including without limitation the use of Bosch Products (or some laser measuring products provided by third parties) for arranging, compiling and exporting photos, notes, floor plans, diagrams and measurements. The Services are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Bosch’s control, such as service provider downtime, failure of mobile notifications and carriers, among others.

Complete Terms. By accessing or using the Services, you agree to these Terms, as well as the Privacy Statement which is located at the following websites:
https://www.boschtools.com/us/en/more/apps/measureon/cloud/privacy-policy/
or
https://www.boschtools.com/us/es/mas/apps/measureon/cloud/privacy-policy/
or
https://www.boschtools.com/ca/fr/suite/apps/measureon/cloud/privacy-policy/
(“Privacy Statement”), each of which is incorporated herein by reference .

2. Eligibility, System Requirements, Updates.

Eligibility. The terms “you,” and “end user” as used in these Terms, means any (i) person 18 years of age or older, or (ii) entity, who accesses or uses the Services. Primary Users and Authorized Users (as each such term is defined below) may be individuals acting in their own capacities, commercial enterprises, or government or educational institutions. Only persons aged 18 years or older may use the Services. By using the Services, you represent and warrant that you are at least 18 years old and otherwise have the capacity to contract.

Use in the US and Canada. The Services are only intended for use by end users residing or using the Services in connection with facilities located in the United States, Canada and their respective territories and possessions (the “Territory”). If you use or attempt to use the Services from outside of the Territory, end users do so at their own risk and must comply with applicable laws (including data privacy regulations) in these other countries. Bosch makes no representations or warranties that the Services will operate or comply with applicable laws anywhere other than in the Territory.

System Requirements. The Services will not be accessible without: (i) a computer, smartphone or tablet (“Devices”); (ii) a working access to the internet that can communicate reliably with the applicable Device(s); (iii) an Account (as such term is defined below); and (iv) other system elements that may be specified by Bosch. It is your responsibility to ensure that: (1) you have all required system elements, and (2) they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

Software Updates. From time to time Bosch or third parties providing the Software may develop upgrades, updates, patches, bug fixes and other modifications to improve the performance or compatibility of the Software and/or the Services (“Updates”). You acknowledge and agree that Updates will either be manually installed with notification or automatically installed on your Devices without providing any additional notice to you or receiving any additional consent from you. You acknowledge that you may be required to install Updates to use the Software with the Bosch Product and you agree to promptly install any Updates if so required. You acknowledge that you shall be liable for any damages that occur as a result of your failure to install Updates as recommended by Bosch. These Terms shall apply to any Updates that are made available to you by Bosch at any time, unless such Updates are governed by a separate license agreement.

3. Accounts.

Your Account. You are not required to register for an account to use the Bosch Product. However, in order to access the Services, you must register for a user account via the central Bosch ID (“Account”). For more information on the central Bosch ID, please see “Registration Via the Central Bosch ID” below. During the registration process, you must provide certain information about yourself and the entity you represent as prompted by the Account registration form. You represent and warrant that: (a) all required Account information you submit is truthful and accurate; (b) the Account information does not include any personal information regarding any individual other than you; (c) you will maintain the accuracy of such information; (d) your use of the Services does not violate any applicable law or regulation in the Territory; and (e) your facility(ies) or your residence(s) where the Services are used is (are) in the Territory. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Bosch of any unauthorized use, or suspected unauthorized use, of your Account, the Services or any other breach of security. Bosch is not liable for any loss or damage arising from your failure to comply with the above requirements.

Because the MeasureOn Web App is accessible online and through the internet, Bosch will assume that any activity taken through your Account or using your Account credentials is authorized and directed by you. You are legally responsible for all activities that occur under or with respect to your Account, even if a person gained access to your Account without your permission. We have no obligation to investigate the authorization or source of any access or use of the MeasureOn Web App that purports to be you, such as activity through your Account.

Registration Via the Central Bosch ID. You may register for our online offers exclusively using the central Bosch ID. The central Bosch ID was devised by Robert Bosch GmbH for the Bosch Group in order to allow for the joint users to benefit from offers of different group companies using centralized application data and increase data safety.

Robert Bosch GmbH, Robert - Bosch - Platz 1 70839 Gerlingen - Schillerhöhe, Germany (“RBG”) is responsible for the provision of this single sign-on service.

If you want to apply for a central Bosch ID, the General Terms of Use for the Registration and Use of a centralized Bosch ID and the Data Protection Notice of RBG shall apply. Without limiting the generality of the foregoing, if you apply for a central Bosch ID, Robert Bosch GmbH may collect, transmit, store or otherwise process your personal information outside the country where you are located, and such data may be accessible to courts, law enforcement, and national authorities in such other jurisdiction(s).

After successful registration you may utilize the registration data used for the central Bosch ID also for registering for this online offer. To this end, we shall provide a registration template for the central Bosch ID. RBG then shall confirm your authorization via token. Your password shall not be communicated to us.

Concerning further data transfers within the Bosch Group associated with the central Bosch ID, please refer to the Data Protection Notice. You may cancel your user agreement concerning the central Bosch ID at any time by unregistering. To this end, please click on the following link: https://myaccount.bosch.com/BeaPUssWeb/unregistration.

Primary Users and Authorized Users. The individual who creates an Account is the “Primary User” of that Account. Primary Users may authorize other individuals to access a Primary User’s Services (“Authorized Users”). Authorized Users may have the ability to view, add, modify and delete Customer Data (as defined below) across all of a Primary User’s Services. Authorized Users may also have the ability to use the Services which synchronize, backup and process data associated via the MeasureOn Mobile App. The Primary User agrees to be fully responsible for all actions taken by his or her Authorized Users relating to the Primary User’s Services and Account. For the avoidance of doubt, these Terms apply to any and all Primary Users and Authorized Users. Without limiting the generality of the foregoing, the Primary User is responsible for informing all Authorized Users of the obligations set out under section 6 below, “Customer Data; Processing of Data; Personal information”, and ensuring all Authorized Users’ agreement to and compliance with same. Authorized Users are not authorized to give access to your Account, or to the Services to any individual or entity. As a Primary User, you should authorize only those individuals that you trust to access your Account and Services.

4. Access to Software and Services; Subscriptions; Certain Limitations and Restrictions; Termination

Access and Use. Subject to these Terms, Bosch grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, right to access and use retrieved, organized and stored data collected by laser measuring tools (the “Permitted Purpose”). You are permitted to store and print the documentation provided by Bosch, provided you (i) do not modify or delete any existing copyright notices, (ii) use such documentation(s) and copies thereof only for the Permitted Purpose, and (iii) reproduce only such number of copies which are necessary for such Permitted Purpose. You may not permit any third parties to access the Services, and are responsible and liable for any such access.

Bosch reserves the right to modify any Services provided free of charge, to make new Services available either free of charge or on a fee basis, and/or to discontinue the provision of free Services at any time in its sole discretion.

Paid Subscriptions. The MeasureOn Mobile App may allow you to purchase access to some additional features and/or parts of the Services on a subscription basis that are accessible through the MeasureOn Web App (“Paid Subscriptions”). With any Paid Subscriptions, you will be billed in advance on a recurring and periodic basis (“Billing Period”). Billing Periods are set on a monthly basis.

Your Paid Subscription will be charged to your account with the Apple App Store or Google Play Store (each, an “App Store”), as the case may be, at confirmation of purchase. Your Paid Subscription will automatically renew at the price listed in your App Store account (subject to any applicable taxes) at the end of your current Billing Period unless you cancel it at least 24 hours prior to the end of the current Billing Period.

You can manage your Paid Subscription or turn off auto-renewal at any time from your App Store account settings. Cancellation of the active Paid Subscription for the current Billing Period is not allowed. When your Paid Subscription to the Services ends, you will lose access to any functionality of the Services that requires a Paid Subscription. Upon cancellation of a Paid Subscription, your initial “free” project (and the associated 3 “free” workspaces) will remain available for use (without the features made available by the Paid Subscription) within the Services – all other projects / workspaces will remain available in the Services in “view only” (i.e., uneditable) mode until deleted by you within the Services.

Bosch may change, modify, or eliminate features of the Paid Subscription at any time, with or without notice.

Paid Subscriptions are purchased from and billed by the applicable App Store and are subject to the terms and conditions of the applicable App Store. All billing and refund inquiries must be directed to the applicable App Store. Bosch does not have access to App Store accounts or transactions. If you wish to confirm the type of Paid Subscription that has been purchased from an App Store, please consult your App Store account or receipt as each Paid Subscription will have a unique billing name.

Subscription Fee Changes. Bosch, in its sole discretion and at any time, may modify the fees for the Paid Subscriptions. Any Paid Subscriptions fee change will not go into effect automatically; you must opt into the fee change to continue using the Paid Subscription after the end of the then-current Billing Period.

Restricted Activities. The rights granted to you in these Terms are subject to the following restrictions: You may not (i) rent, lease, sublicense, sell, offer to sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Services or the accompanying documentation; (ii) modify, publicly display, publicly perform, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Services or the accompanying documentation; (iii) access the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute republish, download, post, display or transmit any part of the Services in any form or by any means; (v) upload, transmit, or distribute any computer viruses, worms, Trojan horses, malware, spyware, adware or any software intended to delay, disrupt, damage, alter or interfere with a computer or communication network, computer, handheld mobile device, data, the Services, the Bosch Products, or any other system, device or property; (vi) interfere with, disrupt, or attempt to gain or facilitate unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) access (or attempt to access) any of the Services by means other than through the interface(s) provided by Bosch; (viii) access or use the Services in a way intended to avoid incurring fees; (ix) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services (x) use the Services as your own permanent storage; (xi) have the right in a data center environment; (xii) gain access to non-public areas of the MeasureOn Web App and/or the Services or their underlying technical systems; (xiii) make the Services and/or your Account available to third parties or allow third parties to use the Services and/or your Account; (xiv) use robots, spiders, scrapers or other comparable tools for data collection or extraction, programs, algorithms or methods for searching, accessing, acquiring, copying or controlling the MeasureOn Web App beyond the documented API end points; (xv) test, scan or investigate the MeasureOn Web App for vulnerability, and/or breach, compromise or circumvent the MeasureOn Web App’s security or authentication measures; or (xvi) use devices, software or routines intentionally which have a disruptive effect on the MeasureOn Web App or the Services’ functions or usability or destroy other data, systems or communications deliberately, generate excessive load, interfere maliciously or intercept or take over fraudulently any Software of Services (or part thereof). Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING TERMINATION PROVISION DOES NOT APPLY TO YOU.

Termination, Suspension. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. Bosch reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Bosch will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. Bosch does not offer any specific uptime guarantee for the Services.

Termination of Services. Upon termination of your Account, your right to use the Services will automatically terminate. For information on what happens with Customer Data upon termination of the Services, see Customer Data section below.

Location-based Services. Location-based services may require information from your Device to provide functions. When you turn on or use these features, details will be provided regarding what information is sent to Bosch and how the information may be used. You can learn more by reading our Privacy Statement available at
https://www.boschtools.com/us/en/more/apps/measureon/cloud/privacy-policy/
or
https://www.boschtools.com/us/es/mas/apps/measureon/cloud/privacy-policy/
or
https://www.boschtools.com/ca/en/more/apps/measureon/cloud/privacy-policy/
When you use any location-based features within the Services, certain location-related and usage information will be sent to Bosch in an anonymized form, in order to process your request and help improve Bosch Products and Services. Such location and usage data is transmitted to Bosch in a form that does not personally identify you. By using the location services and use features on Bosch Products, you agree and consent to Bosch’s and its agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve Bosch Products’ features and service, other Bosch products and services, and Bosch marketing initiatives. However, you may opt-out of Bosch using such information for marketing purposes and to improve Bosch products and services, at any time, by contacting Bosch as set out at section 6 below, “Customer Data; Processing of Data; Personal information”. Non-personalized location data (i.e., IP address and region) is shared with and/or accessible to Bosch’s enterprise tag management and marketing service provider. Bosch may also provide such information, in either an aggregated or non-personally identifiable form, to its partners and licensees to help improve their location-based products and services. You may disable the location-based functionality of Bosch Products by unplugging your Bosch Product and activating flight mode. Certain location-based features will however be unavailable if you disable the location services setting, such as tool tracking and use. Neither Bosch nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Services.

5. Third-Party Products and Services.

General. The Services rely on or interoperate with third party products and services (“Third Party Technology”). The Third Party Technology may include data storage, processing, synchronization, communication through Microsoft Azure or other alternative providers. You acknowledge that the availability of the Services is dependent upon (i) your Device(s), computer, internet connectivity wiring, wireless connection, and other related associated equipment (“Associated Equipment”), (ii) your Internet service provider (“ISP”), (iii) your Device(s)’ carrier(s) (“Carrier”) (if any), and (iv) the third party web browser software which you use to access the Services, e.g., Chrome, Firefox, Edge, Safari etc. You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier. These third party products and services are beyond Bosch’s control, but their operation may impact the use and reliability of the Services. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY PERSONAL SAFETY OR TIME-CRITICAL PURPOSES.

Release Regarding Third Parties. Bosch is not responsible for third parties or their products and services, including Third Party Technology, Associated Equipment, ISPs, Carriers and App Stores (collectively, “Third Party Products and Services”). Bosch hereby disclaims and you hereby discharge, waive and release Bosch and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and Third Party Products and Services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

Disclaimer. YOU ACKNOWLEDGE AND AGREE THAT: (I) THE USE AND AVAILABILITY OF THE SERVICES IS DEPENDENT ON THIRD PARTY PRODUCTS AND SERVICES; (II) THE THIRD PARTY PRODUCTS AND SERVICES MAY NOT OPERATE IN A RELIABLE MANNER AND THEY MAY IMPACT THE WAY THAT THE SERVICES OPERATE; (III) BOSCH MAKES NO REPRESENTATION OR WARRANTY ABOUT THE OPERATION, USE, SAFETY OR RELIABILITY OF ANY THIRD PARTY PRODUCTS AND SERVICES; (IV) BOSCH IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S COLLECTION, USE, PROTECTION, DISCLOSURE OR OTHER PROCESSING OF PERSONAL INFORMATION; AND (V) BOSCH IS NOT RESPONSIBLE FOR DAMAGES AND LOSSES DUE TO THE OPERATION OF THE THIRD PARTY PRODUCTS AND SERVICES OR THE SERVICES, INCLUDING ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE (INCLUDING TO YOUR HOME OR FACILITY), INTERRUPTION OF SERVICE, DOWNTIME, PRIVACY BREACH, DATA LOSS, OR ANY OTHER HARM OR LOSSES ARISING FROM OR RELATING TO YOUR USE OF ANY OF THE SERVICES OR THIRD PARTY PRODUCTS AND SERVICES.

6. Customer Data; Processing of Data; Personal information.

Customer Data. You warrant that: (a) you and/or your licensors hold all rights to all data, information (including, but not limited to personal information), content or material provided by you or on behalf of you in connection with your access to the Services (the “Customer Data”), including as required for the use rights to the Services granted under these Terms and to grant the rights to the Customer Data as set forth in below; and (b) the Customer Data does not violate these Terms or any applicable laws and does not infringe the intellectual property or privacy of a third party.

You hereby grant to Bosch the right to use the Customer Data, for the purpose of providing the Services, in particular the right to reproduce such Customer Data for this purpose (e.g. for data back-up), to modify it and to provide such Customer Data to Bosch’s affiliates and third party service providers for the purpose of storing and accessing such Customer Data and providing support to Customer.

You understand and agree that the Customer Data will be kept by Bosch at a data center in Germany, and will be accessible to service operations team members who have a need to access such information for the purposes of providing and supporting the Services. You shall regularly back up the Customer Data (whether by data export or platform-provided backup procedure). Bosch is not responsible for data loss associated with failure to back up or otherwise export Customer

Bosch is entitled to immediately suspend your use of and access to the Services and the storage space if there is reasonable belief that the stored Customer Data is unlawful and/or infringes third party rights. For example, Bosch has the right to suspend your use of and access to the Services if a court, other authorities and/or any third party notifies Bosch of your unlawful or potential unlawful use of the Services, or of an infringement of third party rights. Provider shall notify you of the suspension, stating the reason for such suspension. The suspension shall be removed as soon as practicable after the reasons for the suspension are no longer present.

Bosch shall delete Customer Data from the MeasureOn Web App thirty (30) days after termination of the Services, unless prohibited by applicable laws. It is your sole responsibility to export and save the Customer Data before termination of the contractual relationship or expiration of the aforementioned thirty (30) day period. In the event you failed to export and save Customer Data before termination, on request and for a fee to be agreed upon separately, Bosch will provide reasonable support to the Customer for the export of Customer Data. Customer Data which has been downloaded to a Device will remain accessible on such Device(s) in the event your Account is terminated.

Processing of Data. Your submission of information through the Services is governed by our “Privacy Statement,” which is located at the following website
https://www.boschtools.com/us/en/more/apps/measureon/cloud/privacy-policy/
or
https://www.boschtools.com/us/es/mas/apps/measureon/cloud/privacy-policy/
or
https://www.boschtools.com/ca/en/more/apps/measureon/cloud/privacy-policy/
You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. The main function of the Services is to allow you to retrieve laser rangefinder-generated data, including data collected with the MeasureOn Mobile App, organize the data into projects, store the data and synchronize the data across Customer’s mobile devices which use the MeasureOn Web App.

Without limiting the above, you acknowledge that the Customer Data may include the following personal information: (1) information submitted or created when registering your account, and/ or applying for a centralized Bosch ID, including Bosch ID, passcodes, surname, first name, date of birth, company name, email address, telephone numbers, mail address; (2) geolocation information when you use location services, as further described in section 4 “Access to Software and Services; Subscriptions; Certain Limitations and Restrictions; Termination”; and (3) any personal information submitted in the course of using the Services, including photographs containing images of you or your property; (4) personal information regarding your customers, which you store in connection with the Services, including such customers’ names, company names, addresses, email addresses and phone numbers; and (5) information collected automatically in connection with your use of the Services, including IP address, device data, details of files uploaded (such as file name, file path, file size, timestamp), information regarding the Service features that you use, and information regarding your online activities. Such personal information will be processed in accordance with our Privacy Statement, and is only used for the purposes of providing our Services, improving Bosch products and services, and other internal business purposes, Bosch marketing initiatives (including online behavioural advertising), and other purposes required or permitted by applicable law. However, you may opt-out of Bosch using such information for marketing purposes and for other non-essential purposes, at any time, by contacting Bosch as described below.

You understand and agree that Bosch may share personal information that we collect in connection with the Services with Bosch affiliates and third party service providers in order to provide you the Services and provide access to the central BoschID service. Bosch affiliates may also use the information to administer, maintain, personalize and improve their own websites, products and services unless you inform us that you do not want your information used for such purposes. You further understand and agree that Bosch may transfer, store or otherwise process Customer Data outside the country where you are located, and accordingly, any personal information contained therein may be accessible to foreign courts, law enforcement and national authorities.

You represent and warrant that all personal information you provide to, or that is provided on behalf of you, to Bosch hereunder is owned by you or you have the right to provide such information to Bosch for use by Bosch in connection with providing the Services; and (b) Bosch’s authorized processing of such information does not and will not violate or infringe any applicable privacy, security or data protection laws or regulations. Without limiting the generality of the foregoing, to the extent that the Customer Data contains any personal information regarding any individual other than yourself (including, without limitation, photographs of any individual or his/her property), you understand and agree that you are solely responsible for providing any notice(s) and obtaining any consent(s) required pursuant to applicable law, in order to allow Bosch to collect, use and disclose such personal information for the purposes of providing its Services. You agree that you shall keep appropriate records of such notice(s) and consents, and shall promptly produce evidence of such notice(s) and consent(s) upon Bosch’s request.

You confirm in providing Bosch personal information that you are aware that the transmission of information via the internet is not completely secure. Although Bosch will endeavor to protect your personal information, we cannot guarantee the security of your personal information transmitted via the Services. Any transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorized access.

You may contact Bosch’s Privacy officer at 38000 Hills Tech Drive, Farmington Hills, MI 48331 in order to: (1) access or rectify your personal information; (2) ask questions about the collection, use or disclosure of your personal information, including questions about the collection, use, disclosure or storage of personal information by Bosch’s service providers (and affiliates) outside the country where you are located; or (3) if you are located in Canada, to obtain written information about Bosch’s policies and practices with respect to service providers (and affiliates) outside Canada.

7. Ownership and Intellectual Property.

Bosch Property. You acknowledge that all right, title and interest in, to and associated with intellectual property rights, including without limitation registered and unregistered copyrights, patents, trademarks, and trade secrets, in the Services and the MeasureOn Web App, including any Content (as defined below) forming any part of the Services or MeasureOn Web App, are owned by Bosch or its affiliates or licensors. End users’ possession, access, and use of the Services does not transfer to end users or any third party any rights, title, or interest in, to or associated with such intellectual property rights. Bosch and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. The Services are licensed to end users, not sold, under these Terms. End users may not use the Content of the Services or the MeasureOn Web App in any other public or commercial way, nor may end users copy or incorporate any of the Content of the Services into any other work.

For the purposes of this Section 7, the term “Content” means all materials and content including designs, editorials, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work, as well as source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of the MeasureOn Web App.

The MeasureOn Web App may link to or otherwise make available Content from third parties (collectively, “Third Party Content”). That Third Party Content is theirs and not yours, and may be governed by terms and conditions applicable to Third Party Content. Nothing in these Terms grants you any right, title or interest in, or ownership over, Third Party Content.

Feedback. End users may choose, or Bosch may invite end users, to submit comments, suggestions, or ideas about the Services and/or the MeasureOn Web App, including how to make improvements (“Ideas”). By submitting any Ideas, end users agree that their submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Bosch under any fiduciary or other obligation. Bosch may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation or attribution to end users. End users also agree that Bosch does not waive any rights to use similar or related ideas previously known to Bosch, developed by its employees, or obtained from other sources.

Copyright Notice. The Services, the MeasureOn Web App and all Content therein is owned by Bosch and its licensors, and is licensed to you in accordance with these Terms only. All rights are reserved.

Trademark Notice. The trademarks, logos, and service marks displayed on or through the Services and/or the MeasureOn Web App are the property (whether registered or unregistered) of Bosch or its licensors. You are not permitted to use Bosch’s or its licensor’s trademarks, logos and service marks for any purpose without Bosch’s prior, written consent.

No use of trademarks implies any endorsement, sponsorship or affiliation. Except as expressly indicated on the MeasureOn Web App, no endorsement, sponsorship, affiliation or other authorization is implied by any use of third party trademarks.

Third Party Trademarks. You acknowledge and agree that it is your responsibility to obtain permission to access or use intellectual property, including trademarks, logos and service marks, owned by third parties. In some cases, you may not be able to obtain such permission. Where such permission cannot be obtained, you shall not use the third party intellectual property and you acknowledge and agree that you will be liable for any unauthorized use.

8. Open Source Software.

The Services may include open source software and third party software under royalty free licenses (“FOSS”).

The FOSS in the Services is subject to FOSS license agreements (“FOSS-Licenses”). Pursuant to these FOSS-Licenses, Bosch has to pass on to you their terms and conditions and you have to comply with these terms and conditions and fulfill respective obligations when using the FOSS in another way than merely installing and running it internally on your machines, e.g. through further disposal of the product, as by distribution, selling, or otherwise passing it on to a third party. The rights under the FOSS-Licenses are being granted to you, and in the event of you passing on a copy of the product to another party, the terms and conditions of the respective FOSS-Licenses apply to the distribution of any included FOSS (in some cases, the FOSS-License provides a direct license from the author/licensor of the FOSS to the third party). For many FOSS-Licenses, BOSCH itself can neither grant nor obtain these rights for you. The applicable FOSS-Licenses are available on the internet address of the provider of the FOSS or will be made available by BOSCH upon Your request.

The FOSS itself does not contribute to the sales price of the Services and thus is provided without royalty or monetary compensation.

You have to, either expressly, or implied by amendment or adaptation of the FOSS, accept and take responsibility for your compliance with the applicable FOSS-Licenses. Further, you have to agree that updates or new versions of the Services may contain different or additional FOSS or changes in the FOSS-Licenses.

If any terms or restriction of this Agreement conflict with the license conditions of FOSS included in this product, the terms and conditions of these FOSS-Licenses shall prevail.


You agree to defend, indemnify and hold Bosch and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use and any Primary User’s or Authorized User’s use of Services, (ii) your violation, and any Primary User’s or Authorized Users’ violation, of these Terms, (iii) any Ideas you provide; or (iv) your violation, any Primary User’s or Authorized Users’ violation of any law or the rights of any third party. Bosch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bosch and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. Warranty Disclaimers.

(a) Disclaimers of Warranties.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE WARRANTY DISCLAIMERS CONTAINED IN THIS SECTION 10 DO NOT LIMIT YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.

(i) EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, MEASUREON WEB APP AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND BOSCH MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE MEASUREON WEB APP OR THE SERVICES, OR ANY MATTER WHATSOEVER. BOSCH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT.

(ii) TO THE EXTENT APPLICABLE, FREE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND BOSCH MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE FREE SERVICES. BOSCH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. ADDITIONALLY, BOSCH DOES NOT WARRANT THAT THE FREE SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS OR THAT THE FREE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. BOSCH DOES NOT WARRANT THAT THE USE OF FREE SERVICES WILL NOT BE IMPAIRED BY DOWNTIME, MAINTENANCE ACTIVITIES, FURTHER DEVELOPMENTS, UPDATES AND UPGRADES OR MALFUNCTIONS.

(b) Limitations on Liability.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION DO NOT RELEASE BOSCH FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES.

(i) BOSCH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR ANY OTHER CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES), ARISING OUT OF ANY USE OF THE MEASUREON WEB APP OR THE SERVICE(S) OR ANY PERFORMANCE OF THESE TERMS (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE(S), OR SECURITY BREACHES RELATED TO THE SERVICE(S)).

(ii) BOSCH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING A CLAIM. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

(c) The limitations of this Section 10 shall apply regardless of whether any remedy set forth herein fails in its essential purpose or otherwise.

11. Governing Law; Venue.

If you are a resident of the United States, (i) these Terms and Conditions will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of laws provisions; and (ii) you. You consent to exclusive jurisdiction in the state courts of Michigan with venue in the County of Oakland.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING JURISDICTION PROVISION DOES NOT APPLY.

If you are a resident of Canada, (i) these Terms will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts of laws provisions; and (ii) you consent to exclusive jurisdiction in the courts of the Province of Ontario.

12. No Assignment.

These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Bosch without restriction. Any attempted assignment by you will be null and void.

13. Export Control.

Access to the Services is subject to local and international export and re-export control laws and sanctions regulations. You agree to comply with all applicable export and re-export control laws and sanctions regulations, of the Federal Republic of Germany, the European Union, the United States of America, Canada and the United Nations or any other applicable jurisdiction.

You acknowledge that the Services may be accessed from any geographic location. You shall not - directly or indirectly – provide access to the Services to any destination, entity, or person prohibited or sanctioned by the laws and regulations of the Federal Republic of Germany, the European Union, the United States of America, Canada, the United Nations or any other applicable jurisdiction.

You shall not use the Services, or data resulting from the Services, directly or indirectly, for nuclear, chemical or biological weapons proliferation, development of missile technology or any other military purpose.

You shall indemnify, to the fullest extent permitted by law, Bosch, its affiliates, and their respective officers, directors, employees and agents from and against any and all fines, penalties or other cost arising from or in connection with your violation of any applicable export and re-export control law, sanction or regulation.

This Export Control section shall survive termination or cancellation of the contractual relationship between you and Bosch.

14. Force Majeure.

Any delay in the availability of the Services or non-performance of the Services shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers), labor strike or walk-out, act of God, or any other event beyond the reasonable control of Bosch or its service providers.

15. Notices.

You agree that we may provide notices to you of changes to these Terms and/or our Privacy Statement, in one or more of the following ways: (a) a pop-up notice, web banner, push notification or other notification on or through Services; or (b) an email or regular mail sent to an address you provided.

16. Customer Support.

Specific questions about the Services should be referred to Bosch at Support.MeasureOn@bosch.com.

17. Changes to these Terms.

Bosch may change these Terms in its sole discretion at any time. Bosch shall notify you of any such change by email no later than thirty (30) calendar days prior to the planned effective date of such change insofar as the changes concern a material restriction in the usability or functionality of the Services or any material change to these Terms. If you do not object within thirty (30) days of receipt of such notification and continues to use the Service after expiration of such thirty (30) day period, then the changes shall be deemed accepted by you. In the event of an objection by you, the contractual relationship shall be continued subject to the conditions applying herein, and Bosch may terminate the contractual relationship subject to a one (1) months’ notice to you. Bosch will advise you of its right to object and of the consequences such objection in the change notification.

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