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1. Overview.
General. Robert Bosch Tool Corporation and its subsidiaries and affiliates (collectively, “RBTC”) provide RBTC products, including compatible thermal cameras that take images used for recording and analyzing temperatures purchased through an authorized RBTC dealer (such products referred to in the Terms collectively as “RBTC Products”) and the related services and systems, including the “Bosch Thermal Connect Mobile App” software application (hereinafter the “Mobile App,”) that may be downloaded to your mobile device (e.g., smartphone or tablet). The Mobile App may be used to store, organize, analyze, edit and export images taken with the RBTC Products (the “Services”). Use of the Mobile App requires your review and agreement to these Termsand the Bosch Thermal Connect Mobile App Privacy Policy.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE MOBILE APP OR THE SERVICES.
BY ACCESSING OR USING THE MOBILE APP OR THE SERVICES, YOU AND THE INDIVIDUAL OR THE ENTITY YOU REPRESENT ACCEPT AND ACKNOWLEDGE THAT THE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND RBTC WHICH GOVERNS YOUR USE OF THE MOBILE APP AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE MOBILE APP OR THE SERVICES.
Intended Use of Services. The Services are intended to be accessed and used for (i) non-time-critical information; and (ii) the storage, organization, analysis, editing and exporting images taken with the RBTC Products. 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 RBTC’s control, such as service provider downtime, failure of mobile notifications and carriers, among others.
Complete Terms. By accessing or using the Mobile App or the Services, you agree to these Terms, as well as the Bosch Thermal Connect Mobile App Privacy Policy which is located at the following websites:
or
or
(“Privacy Policy”), each of which is incorporated herein by reference. These Terms also incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at ) including, without limitation, the Licensed Application End User License Agreement (together, “Apple Terms”), and (b) the Google Inc. (“Google”) Google Play Terms of Service (located at ) including, without limitation, the Google Play Business and Program Policies (located at ) (together, “Google Play Terms”). To the extent there may be a conflict among these Terms, the Apple Terms, the Google Play Terms, these Terms control.
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 Mobile App or the Services. End users 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 Mobile App or the Services. By using the Mobile App or 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 Mobile App and the Services are only intended for use by end users residing or using the Mobile App or the Services in the United States and Canada (the “Territory”). If you use or attempt to use the Mobile App or 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. RBTC makes no representations or warranties that the Mobile App or the Services will operate or comply with applicable laws anywhere other than in Territory.
System Requirements. The Services will not be accessible without mobile devices such as smartphone or tablet (“Devices”); and (ii) other system elements that may be specified by RBTC. Access to the Services may require working access to data or cellular connectivity that can communicate reliably with the applicable Device. 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 RBTC or third parties providing the Mobile App may develop upgrades, updates, patches, bug fixes and other modifications to improve the performance or compatibility of the Mobile App and/or the Services (“Updates”). You acknowledge and agree that Updates will either be manually installed with notification or automatically installed on your Device 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 Mobile App with the RBTC 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 and/or provided by RBTC. These Terms shall apply to any Updates that are made available to you by RBTC at any time, unless such Updates are governed by a separate license agreement.
3. Representations and Warranties
Your Account. You represent and warrant that: (a) your use of the Mobile App or the Services does not violate any applicable law or regulation; and (b) your facility(ies) or your residence(s) where you will use the Mobile App or the Services is (are) in the Territory.
RBTC will assume that any activity taken through your Device is authorized and direct by you. You agree to immediately notify RBTC of any unauthorized use, or suspected unauthorized use, of the Mobile App, the Services or any other breach of security. RBTC is not liable for any loss or damage arising from your failure to comply with the above requirements.
You are legally responsible for all activities that occur under or with respect to use of the Mobile App and Services on your Device, even if a person gained access to your Device without your permission. We have no obligation to investigate the authorization or source of any access or use of the Mobile App or Services that purports to be you or through use of your Device.
4. Access to Mobile App and Services; Subscriptions; Certain Limitations and Restrictions; Termination
Access and Use. Subject to these Terms, RBTC grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, right to access and use the Mobile App to store, organize, analyze, edit and export images taken with the RBTC Products (the “Permitted Purpose”). Subject to these Terms, RBTC grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, right to install the Mobile App only for use on your Device or the Device(s) of the entity you represent (e.g., iPhone, iPad, or Android smartphone) for the Permitted Purpose.
RBTC reserves the right to modify any Services provided free of charge, to make new Services available either free of charge and/or on a fee basis, and to discontinue the provision of free Services at any time in its sole discretion.
Restricted Activities. The rights granted to you in these Terms are subject to the following restrictions: You may not (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Mobile App or the Services; (ii) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Mobile App; (iii) access the Mobile App or 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 Mobile App or 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 RBTC Products, or any other system, device or property; (vi) interfere with, disrupt, or attempt to gain or facilitate unauthorized access to any 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 RBTC; (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 Mobile App or the Services (x) make the Services and/or Mobile App on your Device available to third parties or allow third parties to use the Services and/or Mobile App on your Device; (xi); test, scan or investigate the Mobile App or the Services for vulnerability, and/or breach, compromise or circumvent the Mobile App or the Services’ security or authentication measures; or (xii) use devices, software or routines intentionally which have a disruptive effect on the Services’ functions or usability or destroy other data, systems or communications deliberately, generate excessive load, interfere maliciously or intercept or take over fraudulently the Mobile App or Services (or any part thereof). Any future release, update, or other addition to functionality of the Mobile App or the Services shall be subject to these Terms.
Termination, Suspension. These Terms will remain in full force and effect so long as you continue to access or use the Mobile App or the Services, or until terminated in accordance with the provisions of these Terms. RBTC reserves the right, at any time, to modify, suspend, or discontinue the Mobile App or the Services or any part thereof with or without notice. You agree that RBTC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Mobile App or the Services or any part thereof. RBTC does not offer any specific uptime guarantee for the Services.
Termination of Services. For information on what happens with Customer Data upon termination, 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 RBTC and how the information may be used. You can learn more by reading our Privacy Policy available at
or
or
When you use any location-based features within the Services, certain location-related and usage information may be sent to RBTC in an anonymized form, in order to process your request and help improve RBTC Products and Services. Such location and usage data is transmitted to RBTC in a form that does not personally identify you. By using the location services and use features on RBTC Products, you agree and consent to RBTC’s and its agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve RBTC Products’ features and service, other RBTC products and services, and RBTC marketing initiatives. However, you may opt-out of RBTC using such information for marketing purposes and to improve RBTC products and services, at any time, by contacting RBTC as set out at section 6 below, “Customer Data; Processing of Data; Personal information”. RBTC 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 RBTC Products by unplugging your RBTC 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 RBTC 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. Certain aspects of the Mobile App or Services may rely on or interoperate with third party products and services (“Third Party Technology”). You acknowledge that the availability of the Services is dependent upon (i) the proper installation, treatment and upkeep of your RBTC Products, (ii) your Device(s), computer, internet connectivity wiring, wireless connection, and other related associated equipment (“Associated Equipment”), (iii) your Internet service provider (“ISP”), (iv) your Device(s)’ carrier(s) (“Carrier”), and (v) the App Stores from which you download the Mobile App. You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Mobile App and/or 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 RBTC’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. RBTC 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”). RBTC hereby disclaims and you hereby discharge, waive and release RBTC 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 MOBILE APP AND 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 MOBILE APP AND SERVICES OPERATE; (III) RBTC MAKES NO REPRESENTATION OR WARRANTY ABOUT THE OPERATION, USE, SAFETY OR RELIABILITY OF ANY THIRD PARTY PRODUCTS AND SERVICES; (IV) RBTC IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S COLLECTION, USE, PROTECTION, DISCLOSURE OR OTHER PROCESSING OF PERSONAL INFORMATION; AND (V) RBTC IS NOT RESPONSIBLE FOR DAMAGES AND LOSSES DUE TO THE OPERATION OF THE THIRD PARTY PRODUCTS AND SERVICES OR THE MOBILE APP AND 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 MOBILE APP AND 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 Mobile App or the Services (the “Customer Data”), including as required for the use rights to the Mobile App or 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 rights of a third party.
You shall regularly back up the Customer Data on your Device. RBTC is not responsible for data loss associated with failure to back up or otherwise export Customer Data.
Customer Data which has been downloaded to a Device from the Mobile App will remain accessible on such Device(s).
Processing of Data. Your submission of information through the Services is governed by our “Privacy Policy,” which is located at the following websites:
or
or
You agree that all information you use in connection with the Mobile App and Services 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 store, organize, analyze, edit and export images taken with the RBTC Products.
The Services will access certain data to enable for setup and access of the collection and analysis features of these RBTC Products. Without limiting the above, you acknowledge that the Customer Data may include the following personal information: (1) geolocation information when you use location services, as further described in Section 4 “Access to Mobile App and Services; Subscriptions; Certain Limitations and Restrictions; Termination”; and (2) any personal information submitted in the course of using the Services, including photographs containing images of you or your property. Such personal information will be processed in accordance with our Privacy Policy, and is only used for the purposes of providing our Services, improving RBTC Products, the Mobile App and Services, and RBTC marketing initiatives. However, you may opt-out of RBTC using such information for marketing purposes and other non-essential purposes, at any time, by contacting RBTC as described below.
You understand and agree that RBTC may share personal information that we collect in connection with the Services with RBTC affiliates and third party service providers in order to provide you the Services. You further understand and agree that RBTC 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 confirm that, by in providing personal information to RBTC, you are aware that the transmission of information via the internet is not completely secure. Although RBTC 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 industry standard procedures and security features to secure your personal information from unauthorised access.
You represent and warrant that all personal information you provide to, or that is provided on behalf of you, to RBTC hereunder is owned by you or you have the right to provide such information to RBTC for use by RBTC in connection with the Mobile App and Services; and (b) RBTC’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, any information regarding your customers as well as 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 RBTC 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 RBTC’s request.
You may contact RBTC’s Privacy Officer at 38000 Hills Tech Drive, Farmington Hills, MI 48331 or 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 RBTC’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 RBTC’s policies and practices with respect to service providers (and affiliates) outside Canada.
7. Ownership and Intellectual Property.
RBTC 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 Mobile App and Services, including any Content (as defined below) forming any part of the Services or Mobile App, are owned by RBTC or its affiliates or licensors. End users’ possession, access, and use of the Mobile App and 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. RBTC and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. The Mobile App and Services are licensed to end users, not sold, under these Terms. End users may not use the content of the Mobile App or Services in any other public or commercial way, nor may end users copy or incorporate any of the Content of the Mobile App or 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 Mobile App.
Feedback. End users may choose to, or RBTC may invite end users to submit comments, suggestions, or ideas about the Mobile App or Services, 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 RBTC under any fiduciary or other obligation. RBTC 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 RBTC does not waive any rights to use similar or related ideas previously known to RBTC, developed by its employees, or obtained from other sources.
Copyright Notice. The Mobile App, Services, and all Content therein is owned by RBTC 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 Mobile App andServices are the property (whether registered or unregistered) of RBTC, and its licensors. You are not permitted to use RBTC trademarks, logos and service marks for any purpose without RBTC’s prior, written consent.
8. Open Source Software.
The Mobile App may include open source software and third party software under royalty free licenses (“FOSS”).
The FOSS in the Software is subject to FOSS license agreements (“FOSS-Licenses”). Pursuant to these FOSS-Licenses, RBTC 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, RBTC 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 RBTC upon your request.
The FOSS itself does not contribute to the sales price of the Mobile App or 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 Mobile App 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.
9. Indemnification.
You agree to defend, indemnify and hold RBTC 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 of the Mobile App, (ii) your use of Services, (iii) your violationof these Terms, (iv) any Ideas you provide; or (v) your violation of any law or the rights of any third party. RBTC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RBTC and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without RBTC’s prior written consent. RBTC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
10. Warranty Disclaimers.
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.
(a) Disclaimers of Warranties.
(i) EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE MOBILE APP AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND RBTC MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE SOFTWARE OR SERVICES, OR ANY MATTER WHATSOEVER. RBTC 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 RBTC MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE FREE SERVICES. RBTC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. ADDITIONALLY, RBTC 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. RBTC 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 RBTC FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES.
(i) RBTC 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 MOBILE APP OR THE SERVICES 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) RBTC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED $100 USD. 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. Apple iOS Special Terms and Conditions.
If you use an iOS product, such as an iPhone or iPad (an “iOS Device”) with the Mobile App, you agree to the following terms and conditions (“Apple Special Terms”) to the extent they apply to your use of the iOS Device. Nothing in the Apple Terms or these Apple Special Terms will be deemed to change or limit our agreement with you.
Acknowledgement. You and RBTC acknowledge that these Terms are concluded between you and RBTC only, and not with Apple, and that as between RBTC and Apple, RBTC is solely responsible for the Mobile App, Services and the content thereof.
Additional License Terms. Your right to use the Mobile App and Services is limited to use on an iOS Device owned or controlled by you as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms.
Additional Usage Rules. In addition to the usage rules set forth in these Terms, you shall comply with the Usage Rules contained in the Apple Terms.
Maintenance and Support. You and RBTC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App.
Warranty. As between Apple and RBTC, RBTC is solely responsible for any warranties related to the Mobile App or Services, to the extent not disclaimed or limited above. In the event of any failure of the Mobile App or Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Services to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation to you whatsoever with respect to the Services, and, subject to the above disclaimers and limitations of liability, as between Apple and RBTC, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of us to conform to any warranty will be RBTC’s sole responsibility.
Product Claims. You and RBTC acknowledge that as between Apple and RBTC, RBTC is responsible for addressing any claims of you or any third party relating to the Mobile App or Services or your possession and/or use of the Mobile App or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and RBTC acknowledge that, in the event of any third-party claim that the Mobile App or Services or your possession and/or use of the Mobile App or Services infringe that third party’s intellectual property rights, as between Apple and RBTC, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Third Party Beneficiary. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms, and all agreements incorporated into the Terms by reference. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
12. Google Play Special Terms and Conditions.
If you use an Android device (“Android Device”) and download the Services through Google Play, you agree to the following terms and conditions (“Google Play Special Terms”) to the extent they apply to your use of the Android Device. Nothing in the Google Play Terms or these Google Play Special Terms will be deemed to change or limit our agreement with you.
Acknowledgement. You and RBTC acknowledge that these Terms are concluded between you and RBTC only, and not with Google, and that as between RBTC and Google, RBTC is solely responsible for the Services and the content thereof.
Technical Support. You may only contact RBTC concerning any defects or performance issues in the Mobile App or Services downloaded and installed from Google Play. RBTC is solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of the Services. RBTC will respond to customer support inquiries within three (3) business days or less.
Intellectual Property Rights. You and RBTC acknowledge that, in the event of any third-party claim that the Mobile App, Services or your possession and/or use of the Mobile App or Services infringe that third party’s intellectual property rights, as between Google and RBTC, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
13. Governing Law; Venue.
If you are a resident of the United States, (i) these Terms 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.
14. 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 RBTC without restriction. Any attempted assignment by you will be null and void.
15. Export Control.
Access to the Software and 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 Mobile App or the Services may be accessed from any geographic location. You shall not, directly or indirectly, provide access to the Mobile App or 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 Mobile App or the Services, or data resulting from the Mobile App or 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, RBTC, 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 RBTC.
16. 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 RBTC or its service providers.
17. Notices.
You agree that we may provide notices to you of changes to these Terms and/or our Privacy Policy, in one or more of the following ways: (a) a pop-up notice, web banner, push notification or other notification on or through Mobile App; or (b) an email or regular mail sent to an address you provided.
18. Customer Support.
Specific questions about the Services should be referred to RBTC at .
19. Changes to these Terms.
RBTC may change these Terms in its sole discretion at any time. RBTC 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 Mobile App or 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 Mobile App or 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 RBTC may terminate the contractual relationship subject to a one (1) months’ notice to you. RBTC will advise you of its right to object and of the consequences such objection in the change notification.
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