1. Overview
General. These Terms form a binding contract between Robert Bosch Tool Corporation (“Bosch”, “we” or “us”) and you governing your access to and use of the “Software” and the “Services.” Defined terms used but not defined in this paragraph will have the meanings provided in Section 2 (Definitions) below. The “SaaS” can be accessed on your “Computing Device” to access the “Web Services.” The “Mobile Software” can be downloaded to your “Mobile Device” to access the “Mobile Services.” The SaaS and the Web Services may be used in conjunction, and share certain data, with the Mobile Software and Mobile Services, though not all Mobile Services or data available/accessible via the Mobile Software are available/accessible via the SaaS, nor are all Web Services or data available/accessible on the SaaS available/accessible via the Mobile Software.
PLEASE READ THESE TERMS CAREFULLY BEFORE accessing or using the software or the services.
By accessing or using the software 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 Bosch which governs your use of the software and the Services. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE software or the SERVICES.
Intended Use of Services. The Services are intended to be accessed and used for non-time-critical information. 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 Software or the Services, you agree to these Terms, and understand that your personal information will be processed as disclosed in the Privacy Policy which is located at the following website (“Privacy Policy”), which is incorporated herein by reference. These Terms also incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at https://www.apple.com/legal/internet-services/itunes/us/terms.html) 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 https://play.google.com/about/play-terms.html) including, without limitation, the Google Play Business and Program Policies (located at https://policies.google.com/terms) (together, “Google Play Terms”). Except as expressly set forth in these Terms, to the extent there may be a conflict among these Terms, the Apple Terms, the Google Play Terms, these Terms control.
2. Definitions.
The following terms used throughout these Terms shall have the meanings set forth below:
"Account" means a PRO360 account registered by a User to access and use the Services.
“App Stores” means the iOS App Store and the Google Play Store.
"Company" means any legal entity with a Company-type Account, including but not limited to corporations, partnerships, limited liability companies, and sole proprietorships.
“Computing Device” means any electronic equipment or apparatus, including but not limited to personal computers, laptops, tablets, mobile devices, and any other similar technology, from which the Web Services are accessed.
"Connected Tools" refers to Bosch Power Tools equipped with Bluetooth® and/or NFC technology that can interact with the Software.
"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 Software or the Services.
"Customer" means a customer of a Dealer.
"Customer Data" means any and all electronic data and information uploaded, submitted, posted, transferred, transmitted, or otherwise provided or made available by, or on behalf of, Customers by or through the Software, or the Services, or processed by or on behalf of Customers using the Software, or the Services.
"Dealer" means a Bosch-authorized distributor of Bosch power tools and power tool accessories, including any Dealer branches.
“Device” means the specific type of device (e.g., a Computing Device or Mobile Device, as defined herein) used to access the Services.
"FOSS" means free and open-source software components, including any applicable license conditions.
“FOSS-Licenses” refers to the license agreements governing the use of FOSS.
"Mobile Services" means the functionalities and features provided by the PRO360 Mobile App, including, without limitation: registering for and managing an Account; registering and managing assets, including the capture and management of data from Connected Tools and other tools and equipment; manually inputting asset information, including inventory numbers, notes, locations, employee assignments, invoices, and availability status; registering assets via type plate scan and packaging scan; creating, managing, and completing asset-related tasks; accessing links to the Bosch Spare Parts shop; scanning and managing ID Labels; connecting to and configuring Connected Tools via Bluetooth® and/or NFC technology, including adjusting settings, receiving usage and performance data, and managing maintenance reminders; viewing user access rights (for Company-type and Dealer-type Accounts), branch store information (Dealers only), and customer lists (for Dealers only); and receiving push notifications.
"Mobile Device" means a mobile device, such as a smartphone or tablet, on which the Mobile Software is installed.
"Mobile Software" means the PRO360 Mobile App software application.
“SaaS” means the PRO360 Web App software as a service offering.
"Services" means Web Services and the Mobile Services collectively; provided that to the extent the context requires, references in these Terms to the Services should be treated as references to the services (e.g., the Web Services or the Mobile Services) available for the applicable platform (e.g., the PRO360 Web App or the PRO360 Mobile App).
"SingleKey ID" means the user ID for the single sign-on authentication service which enables the use of various digital service offerings, including, without limitation, the Services. For more information, see Section 4.
“Software” means the SaaS and the Mobile Software collectively; provided that to the extent the context requires, references in these Terms to the Software should be treated as references to the software (e.g., the SaaS or the Mobile Software) for the applicable platform (e.g., the PRO360 Web App or the PRO360 Mobile App).
"Territory" means the United States and its territories and possessions.
“Usage Data” means automatically collected information about your use of the Services, such as IP address, usage patterns, and other similar information.
"User" means any individual or entity who accesses or uses the Software or the Services.
"User Data" means any and all electronic data and information uploaded, submitted, posted, transferred, transmitted, or otherwise provided or made available by, or on behalf of, a User by or through the Software, the Services or the PRO360 Web App, or processed by or on behalf of a User using the Software, the Services or the PRO360 Web App. To the extent any Customer Data was processed on behalf of a User, such Customer Data shall also be considered User Data of such User.
“Web Services” means the functionalities and features provided by the PRO360 Web App, including, without limitation: registering for and managing an Account; manually inputting and managing asset information, including inventory numbers, notes, locations, employee assignments, invoices, and availability status; bulk uploading asset information; creating asset-related tasks; accessing links to the Bosch Spare Parts shop; managing ID Labels (via manual code entry); User and access management (for Company and Dealer accounts), including customer lists (for Company and Dealer accounts) and branch stores (Dealers only); and receiving in-app notifications.
3. Eligibility, System Requirements, Updates.
Eligibility; Agreement to Terms. Users must be at least 18 years of age, or, if an entity, have the legal capacity to contract. By using the Software and the Services, you represent and warrant that you meet these eligibility requirements. As a User, you agree to be bound by these Terms.
Use in the United States. The Software and the Services are only intended for use by Users residing in or using the Software or the Services in the Territory. If you use or attempt to use the Software or the Services from outside of the Territory, you do so at your own risk and must comply with applicable laws (including data privacy regulations) in these other countries. Bosch makes no representations or warranties that the Software or the Services will operate or comply with applicable laws anywhere other than in the Territory.
System Requirements. The Services will not be accessible without system elements that may be specified by Bosch. Access to the Services require (i) a Device, (ii) an Account (as such term is defined below) (iii) working access to an internet connection and/or data or cellular connectivity that can communicate reliably with the applicable Device(s), and (iv) other system elements that may be specified by Bosch from time to time. 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. Additional internet service provider or carrier or data fees may apply; see your internet or mobile data carrier for details.
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 Mobile Software with Connected Tools, 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.
4. Accounts
Your Account. In order to access the Services, you must first register for an Account, which includes registering and creating a SingleKey ID. Registration for an Account and a SingleKey ID is the sole responsibility of the User. You agree to provide accurate and complete information when registering for an Account and SingleKey ID and to keep your account information updated. You are responsible for maintaining the confidentiality of your Account login credentials, including your SingleKey ID, and for all activity that occurs under your account.
In order to register for SingleKey ID, go to . The Terms of Use for the SingleKey ID are available at .
Accounts may be of type “Individual,” “Company,” or “Dealer,” each with varying access rights as described within the Services. Bosch may offer different levels of service and features for each account type. Companies and Dealers may invite other Users to create Accounts and share asset information. Details about account types, access levels, and the invitation process are available within the Service.
Users who are Dealers can manage Accounts for their Customers, subject to Customer consent. Dealers can access and modify Customer Data within the Service for the purpose of providing services, managing repairs, and offering product support. Customers retain the right to access, modify, and delete their own Customer Data at any time. Dealers agree not to access or use Customer Data for any purpose other than providing services related to Services.
Users [JN1] who are Companies or Dealers can manage Accounts for their employees, subject to employee consent. Companies and Dealers can link employee Individual-type Accounts to their respective Company-type or Dealer-type Account and grant their employees access to view and modify User Data for their respective Company-type or Dealer-type Account. Dealers can grant their employees access to view and modify Customer Data that is available through their Dealer-type Account within the Service for the purpose of providing services, managing repairs, and offering product support on behalf of their employer. Customers retain the right to access, modify, and delete their own Customer Data at any time. Dealer employees agree not to access or use Customer Data for any purpose other than providing services for their employer which are related to Services.
During the registration process, you must provide certain information about yourself and, if applicable, the entity you represent as prompted by the account registration forms. 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 Software or the Services does not violate any applicable law or regulation; and (e) you will only use the Software or the Services 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 Software, 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 Services are 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 Services that purports to be you, such as activity through your Account.
During your authorized use of the Services, Bosch shall make storage space available for Customer Data and User Data (as defined below) to the extent that this is required for the use of the Service.
You shall be solely responsible for compliance with data retention periods required of you under any applicable law.
5. Company and Dealer-Specific Terms.
The Data Sharing and Confidentiality for Dealers subsection of this Section 5 applies only to Users that have Dealer-type Accounts. The Termination of Access and Bosch Relationship subsections of this Section 5 apply only to Users that have Dealer-type or Company-type Accounts.
Data Sharing and Confidentiality for Dealers. You agree to keep Customer Data confidential and not to share it with any third parties without the Customer’s express consent, except as required by law.
Termination of Access for Dealers and Companies. Bosch reserves the right to terminate your access to the Services for any violation of these Terms or applicable laws by any User within your Dealer or Company. Upon termination, all Users of that Company or Dealer will no longer be able to access Customer Data and/or User Data within the Services.
Bosch Relationship. The use of the Software or the Services does not create an agency, partnership, joint venture, or employment relationship between you and Bosch. Companies, Dealers, and their respective employees, are independent businesses and are solely responsible for their business operations and Customer relationships.
6. Access to Software and Services; 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 use the Software and Services for lawful purposes (the “Permitted Purpose”). Subject to these Terms, Bosch grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, right to install the Software only for use on your Device, or the Device(s) of the entity you represent, for 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 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 Software or the Services and are responsible and liable for any such access. As a condition to your access and use of the Software and the Services, you agree that you shall only use the Software and the Services in compliance with applicable law.
Bosch 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 Software or the Services; (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 Software, the Services or the accompanying documentation; (iii) access the Software 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 Software 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 or mobile device (including, without limitation, any Devices), data, the Software, the Services, 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) the Software or 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 any applicable 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 Software or the Services (x) make the Software, the Services and/or your Account available to third parties or allow third parties to use the Software, the Services and/or your Account; (xi); test, scan or investigate the Software or the Services for vulnerabilities, and/or breach, compromise or circumvent the Software or the Services’ security or authentication measures; (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 any Software of Services (or part thereof) (xiii) use the Services as your own permanent storage; (xiv) have a right in a data center environment; (xv) gain access to non-public areas of the Software and/or the Services or their underlying technical systems, use robots, spiders, scrapers or other comparable tools for data collection or extraction, programs, algorithms or methods of reaching, accessing, acquiring, copying or controlling the Software and/or the Services beyond access points expressly offered to you. Any future release, update, or other addition to functionality of the Software 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 Software or 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 Software or 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 Software, the Services, or any part thereof. Without limiting the above, Bosch in its sole discretion may suspend the Software or the Services 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. Upon termination of your Account, your right to use the Services will automatically terminate. For information on what happens with User Data upon termination, see Processing of Data section below.
7. Third-Party Products and Services.
General. Certain aspects of the Services rely on or interoperate with third party products and services (“Third Party Technology”). The Third-Party Technology may include data storage, synchronization, and communication through Microsoft Azure or other alternative providers. You acknowledge that the availability of the Services is dependent upon (i) the proper installation, treatment and upkeep of your Connected Tools, (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 Software. 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.
8. User, Customer, and Usage Data; Processing of Data; Personal information.
User Data. You represent and warrant that: (a) you own or have all necessary rights and licenses to use, share, and provide to Bosch all User Data, including the right to grant Bosch the licenses granted in these Terms; and (b) the User Data, and Bosch's use thereof as authorized in these Terms, do not and will not infringe or violate any applicable laws, these Terms, or the intellectual property or privacy rights of any third party.
Customer Data. You represent and warrant that if you are a Dealer, or employee thereof: (a) you own or have all necessary rights and licenses to use, share, and provide to Bosch all Customer Data, including the right to grant Bosch the licenses granted in these Terms; and (b) the Customer Data, and Bosch's use thereof as authorized in these Terms, do not and will not infringe or violate any applicable laws, these Terms, or the intellectual property or privacy rights of any third party; (c) you will comply with all applicable data privacy laws and regulations when handling Customer Data; and (d) you will not access or modify Customer Data within the Services for any purpose other than providing services related to the Services. If you are a Dealer, or employee thereof, you shall not modify Customer personal information for any purpose. Customers retain the right to access, modify, and delete their own Customer Data at any time.
Processing of Data. You hereby grant to Bosch the right to use your User Data for the purpose of providing the Services, in particular the right to reproduce such User Data for this purpose. If you are a Dealer, or employee thereof, you hereby grant Bosch the right to use Customer Data for the purpose of providing the Services, in particular the right to reproduce such Customer Data for this purpose.
You understand and agree that the Customer Data, User Data, and Usage Data will be kept by Bosch at a data center in one or more of Netherlands and will be accessible to service operations team members and Bosch affiliates who have a need to access such information for the purposes of providing and supporting the Services.
Bosch is entitled to immediately suspend your use of and access to the Services if there is reasonable belief that your Customer Data and/or User Data, or use thereof, is unlawful and/or infringes third party rights. For example, Bosch has the right to suspend your use of and access to 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. Bosch 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.
You represent and warrant that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly.
Personal Information. You understand that your personal information will be processed as disclosed in the Privacy Policy. 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 SingleKey ID 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 and User 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.
The Services will access certain data to enable for setup and access of the connectivity, analysis, and asset management features of the Software and the Services. Without limiting the above, you acknowledge that the Customer Data and User Data may include the following personal information: (1) information submitted or created when registering your account, and/ or applying for a SingleKey ID, including passcodes, surname, first name, date of birth, company name, email address, telephone numbers, mail address; (2) any personal information submitted in the course of using the Services; and (3) information collected automatically in connection with your use of the Services, including IP address, device data, Usage Data. Such personal information will be processed in accordance with our Privacy Policy and is only used for the purposes of providing our Services, improving Bosch products and services and other internal business purposes, and Bosch marketing initiatives (including online behavioral advertising), and other purposes required or permitted by applicable law. However, you may opt-out of Bosch using such information for marketing purposes and other non-essential purposes via the “Your Privacy Choices” link at the footer of our website.
You confirm that, by providing personal information to Bosch, 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 industry standard procedures and security features to secure your personal information from unauthorized access.
You represent and warrant that (a) 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 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 and User 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 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 may contact Bosch’s Privacy Officer at 38000 Hills Tech Drive, Farmington Hills, MI 48331 or privacy.policy@us.bosch.com in order to: (1) access or rectify your personal information; or (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.
9. 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 Software and Services, including any Content (as defined below) forming any part of the Services or the Software, are owned by Bosch or its affiliates or licensors. Users’ possession, access, and use of the Software and Services does not transfer to 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 Software and Services are licensed to Users, not sold, under these Terms. Users may not use the Content of the Software or Services in any other public or commercial way, nor may Users copy or incorporate any of the Content of the Software or Services into any other work.
The Software and Services 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 of Third-Party Content.
Feedback. Users may choose to, or Bosch may invite Users to submit comments, suggestions, or ideas about the Software or Services, including how to make improvements (“Ideas”). By submitting any Ideas, 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 User. 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 Software, Services, 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 Software and/or Services are the property (whether registered or unregistered) of Bosch, and its licensors. You are not permitted to use Bosch trademarks, logos and service marks for any purpose without Bosch’s prior, written consent.
10. Open Source Software.
The Software and/or the Services may include FOSS. The FOSS in the Software and/or the Services is subject to 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.
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 Software or 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.
11. Indemnification.
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 Customer or third party due to or arising out of (i) your, or your employee’s, use of the Software, (ii) your, or your employee’s, use of Services, (iii) your, or your employee’s, violation of these Terms, (iv) any Ideas you, or your employees, provide; (v) your, or your employee’s, violation of any law or the rights of any Customer or third party; or (vi) if you are a Dealer, or employee thereof, your Customer interactions. 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.
12. Warranty Disclaimers.
(a) Disclaimers of Warranties.
THE SOFTWARE AND THE 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 SOFTWARE OR THE 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 SOFTWARE OR THE SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS OR THAT THE SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. BOSCH does not warrant that the use of SOFTWARE OR THE SERVICES will not be impaired by downtime, maintenance activities, further developments, updates and upgrades or malfunctions.
(b) Limitations on Liability.
(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 SOFTWARE OR THE SERVICES OR ANY PERFORMANCE OF THESE TERMS (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SOFTWARE OR THE SERVICE(S), OR SECURITY BREACHES RELATED TO THE SERVICE(S)).
(ii) companies, Dealers, and their employees are solely responsible for their interactions with customers through the SOFTWARE OR THE Services. BOSCH shall not be liable for any disputes, claims, or damages arising from a company’s, Dealer's, or their employee’s use of the SOFTWARE OR THE ServiceS, including but not limited to issues related to customer data, service agreements, or product warranties.
(iii) BOSCH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED $100. 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 12 shall apply regardless of whether any remedy set forth herein fails in its essential purpose or otherwise.
13. Apple iOS Special Terms and Conditions.
THE TERMS OF THIS SECTION 13 SHALL ONLY APPLY TO THE MOBILE SOFTWARE AND MOBILE SERVICES AVAILABLE VIA THE PRO360 MOBILE APP WHEN THE PRO360 MOBILE APP IS DOWNLOADED FROM THE APPLE APP STORE. THE APPLE SPECICAL TERMS SHALL NOT APPLY WHEN THE PRO360 MOBILE APP IS DOWNLOADED FROM A DIFFERENT APP STORE, NOR TO THE SAAS OR THE WEB SERVICES AVAILABLE VIA THE PRO360 WEB APP.
If you use an iOS product, such as an iPhone or iPad (an “iOS Device”) with the Software, 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 Bosch acknowledge that these Terms are concluded between you and Bosch only, and not with Apple, and that as between Bosch and Apple, Bosch is solely responsible for the Software and the content thereof.
Additional License Terms. Your right to use the Software 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 Bosch acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
Warranty. As between Apple and Bosch, Bosch is solely responsible for any warranties related to the Software, to the extent not disclaimed or limited above. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Software license 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 Software, and, subject to the above disclaimers and limitations of liability, as between Apple and Bosch, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of us to conform to any warranty will be Bosch’s sole responsibility.
Product Claims. You and Bosch acknowledge that as between Apple and Bosch, Bosch is responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software 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 Bosch acknowledge that, in the event of any third-party claim that the Software or your possession and/or use of the Software infringe that third party’s intellectual property rights, as between Apple and Bosch, 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.
14. Google Play Special Terms and Conditions.
THE TERMS OF THIS SECTION 14 SHALL ONLY APPLY TO THE MOBILE SOFTWARE AND MOBILE SERVICES AVAILABLE VIA THE PRO360 MOBILE APP WHEN THE PRO360 MOBILE APP IS DOWNLOADED FROM THE GOOGLE PLAY STORE. THE GOOGLE PLAY SPECICAL TERMS SHALL NOT APPLY WHEN THE PRO360 MOBILE APP IS DOWNLOADED FROM A DIFFERENT APP STORE, NOR TO THE SAAS OR THE WEB SERVICES AVAILABLE VIA THE PRO360 WEB APP.
If you use an Android device (“Android Device”) and download the Software 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 Bosch acknowledge that these Terms are concluded between you and Bosch only, and not with Google, and that as between Bosch and Google, Bosch is solely responsible for the Software and the content thereof.
Technical Support. You may only contact Bosch concerning any defects or performance issues in the Software downloaded and installed from Google Play. Bosch is solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of the Software. Bosch will respond to customer support inquiries within three (3) business days or less.
Intellectual Property Rights. You and Bosch acknowledge that, in the event of any third-party claim that the Software or your possession and/or use of the Software infringe that third party’s intellectual property rights, as between Google and Bosch, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
15. 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 consent to exclusive jurisdiction in the state courts of Michigan with venue in the County of Oakland.
16. 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.
17. 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, and the United Nations or any other applicable jurisdiction.
You acknowledge that subject to Section 2, Use in the United States, some aspects of the Software or the Services may be accessed from any geographic location. You shall not - directly or indirectly – provide access to the Software 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, the United Nations or any other applicable jurisdiction.
You shall not use the Software or the Services, or data resulting from the Software 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, 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.
18. 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.
19. 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.
20. Customer Support.
Specific questions about the Services should be referred to Bosch at:
21. Changes to these Terms.
Bosch may change these Terms in its sole discretion at any time. Bosch shall notify you of any such change the next time you open the Software on each Device by presenting the updated terms for your review and acceptance. In the event of an objection to the updated terms by you, such objection shall immediately terminate your use of the Software and Services in accordance with Section 6 of these Terms.
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