Terms of Use

Robert Bosch GmbH
Terms of Use for individual users in the Bosch eBike customer portal

Preamble

Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen-Schillerhöhe, Germany (hereinafter referred to as "Bosch") operates a customer portal at https://www.bosch-ebike.biz (hereinafter referred to as "portal"), which various Bosch customers (hereinafter referred to individually as (the) "customer" and collectively as (the) "customers") can use to access Bosch product information, including technical data, image material, manuals, etc. (hereinafter referred to as the “Content”) following a registration process and the creation of a user account.

These Terms of Use for individuals on the portal (hereinafter referred to as "Terms of Use") exclusively govern the legal relationship between Bosch and the respective individual user(s) of a customer (hereinafter referred to as "Individual User(s)") in relation to the use of the portal.

(Bosch and the sub-user(s) are hereinafter also referred to individually as "party" and collectively as "parties").

Bosch grants individual users access to the portal exclusively in accordance with these Terms of Use and the information provided directly in the portal.

2.1

Access to the portal requires a user account (hereinafter referred to as "user account"), which is created after completion of the registration process. As part of the registration process, the respective individual is obliged to provide Bosch with the information that Bosch requires to open this user account (hereinafter referred to as "registration").

2.2

Registration is via the portal or in an alternative way beforehand. A central SingleKey ID is required for registration. The individual user is informed separately of the additional conditions that apply for this when registering for the central SingleKey ID. The central SingleKey ID is also used for all communication with Bosch.

2.3

After submitting the login details for the central SingleKey ID, the individual user is asked to provide additional information (e.g. name) (hereinafter referred to as "registration information"). The registration information must be complete and correct.

2.4

Before registration is completed, the registration information that the individual user entered is displayed in full. The individual user can then correct any input errors. In order to complete the registration process and submit the registration information, the individual user must accept the application of the General Terms and Conditions.

2.5

By submitting the registration information, the individual user submits an offer to Bosch to conclude a user agreement for the portal (hereinafter referred to as "user agreement") based on the General Terms and Conditions. Bosch accepts this offer by sending a confirmation email and activating the user account. In the following section, the user agreement is concluded between Bosch and the individual user.

3.1

The user agreement between Bosch and the individual user is concluded once the respective individual user accepts these Terms of Use. The object of this user agreement is access to the portal and the use of the same by the respective individual user.

3.2

Upon conclusion of this user agreement, the individual user is generally authorized to use the portal in the name and on behalf of the respective customer assigned to them.

4.1

The individual user may access the portal and use the content only in accordance with these Terms of Use and the restrictions specified in the portal.

4.2

The respective individual user is obliged to treat their login details with care, not to pass them on to third parties and/or allow third parties access without using the login details. The respective individual user is obliged to change their password for the user account immediately if they have reason to believe that the login details may have become known to unauthorized persons.

4.3

The individual user's access to and use of the portal and its content must also comply with all applicable laws, including copyright or trademark laws, antitrust and competition laws, export control laws, data protection laws or other laws in any applicable jurisdiction, and must not conflict with any agreement the individual user has signed with a third party. The individual user is responsible for ensuring that their access to the portal and use of the services complies with the applicable laws and regulations.

4.4

The individual user's access to the portal and their use of the content must also comply with the principles of the UN Global Compact Initiative, which essentially relate to the protection of international human rights, the right to collective bargaining, the abolition of forced labor and child labor, the elimination of discrimination in the recruitment and employment of personnel, responsibility for the environment and the prevention of corruption. For more information about the UN Global Compact Initiative:www.unglobalcompact.org.

5.1

Bosch may block an individual user's access to the portal if Bosch reasonably determines that

a) Use of the portal and/or content by the individual user

• represents a security risk for the portal and/or for Bosch or a third party;
• has or could have adverse effects on the portal and/or content, or the systems;
• violates an applicable law or a right of a third party;
• may hold Bosch, its affiliates or third parties liable; or
• could be fraudulent.

b) The individual user violates these Terms of Use or the restrictions specified in the portal or applicable laws.

5.2

Before an individual user is blocked, Bosch will send a notification to the email address associated with the user account, unless Bosch must act immediately due to the seriousness and urgency of the matter and cannot issue prior notice.

5.3

The block will be lifted once the individual user has rectified the issue that led to the block and informed Bosch accordingly.

5.4

Bosch's right to block the access of the individual user to the portal exists alongside Bosch's right to terminate this user agreement in accordance with applicable law.

6.1

The term of the respective user agreement with the individual user begins in accordance with paragraph 3.1 of these Terms of Use and remains in force until it is terminated by Bosch or the individual user in accordance with these Terms of Use.

6.2

Ordinary termination

a) The individual user can terminate the user agreement at any time for any reason.

b) Bosch may terminate the respective user agreement for objective reasons at any time with a notice period of three (3) months to the end of a calendar month. This does not affect Bosch's right to block the individual user in accordance with paragraph 5 of these Terms of Use.

6.3

Termination for good cause

a) The right of the parties to terminate the user agreement without notice for good cause remains unaffected by this.

b) An important reason exists in particular if a party grossly violates express obligations under these Terms of Use, in particular if the individual user uses the portal or the content outside the scope of these Terms of Use or outside the restrictions specified in the portal and continues the violation after the expiry of a reasonable remedy period following a warning by Bosch.

6.4

Validity of the termination

From the effective date of termination

a) the individual user will no longer be able to access the portal;

b) all authorizations of the individual user end in accordance with these Terms of Use.

7.1

The parties shall comply with the applicable data protection regulations (in particular the General Data Protection Regulation (EU) 2016/679).

7.2

Bosch processes the personal data of the individual user only to the extent necessary for the performance of the user agreement or as permitted by applicable law. The individual user acknowledges and confirms the collection and processing of this personal data within this scope. Information on the processing of personal data can be found in the portal's privacy policy.

7.3

The obligations pursuant to paragraphs 7.1 to 7.3 of these Terms of Use shall continue to apply as long as the data of the individual user is within the sphere of influence of Bosch, even after the termination date of the respective user agreement pursuant to paragraph 6 of these Terms of Use.

8.1

The parties undertake to treat all confidential information that becomes known to them within the scope of their legal relationship on the basis of these Terms of Use as strictly confidential and to use it only for contractually agreed purposes. "Confidential information" in this sense refers to all economic, commercial, technical or other information of a confidential nature, in particular all specifications, descriptions, sketches, drawings, drafts, samples, data, prices and price components, calculations, inventions, formulas, procedures, plans, programs, models and other knowledge, experience and know-how that does not belong to the state of the art, which is disclosed or made accessible by one of the parties to the other party, irrespective of the method of recording, storage or transmission and irrespective of whether these were expressly or implicitly marked as secret or confidential. Information expressly designated or marked as confidential shall in any event be deemed to be confidential information for the purposes of this Section 8. The parties shall not seek to claim any intellectual property rights in respect of confidential information of the other party.

8.2

If confidential information within the meaning of the above definition is requested by an authority, the respective other party must be informed immediately - to the extent permitted by law - before the confidential information is passed on to the authority.

8.3

The confidentiality obligation set out in Section 8 of the Terms of Use does not apply to knowledge and information that can be proven to:

a) be generally known or belong to the state of the art at the time of disclosure to the respective contracting party,

b) be already known to the respective contracting party at the time of disclosure,

c) subsequently become generally known or belong to the state of the art through no fault of the respective contracting party,

d) be disclosed or made accessible by a bona fide third party who is free to pass on this information,

e) be passed on, disclosed or made accessible to third parties with the express prior written consent of the respective disclosing contracting party,

f) have been individually developed by the respective contracting party without any prior knowledge of the confidential information.

8.4

The rights and obligations under Section 8 of these Terms of Use shall remain unaffected by the termination of the respective user agreement or the closure of the associated user account, as long as there is no evidence of an exception under Section 8.3 of these Terms of Use.

The respective individual user shall be notified of any changes to these Terms of Use by email sent to the email address associated with the user account of the respective individual user no later than thirty (30) calendar days before the planned entry into force of the changes, provided that the changes entail a restriction of the usability of the data generated to date or other disadvantages or additional costs (e.g. adjustment costs). If the individual user does not object within thirty (30) days of receipt of the notification or continues to use the portal after expiry of the objection period, the changes shall be deemed to have been effectively agreed after expiry of this period. In the event of an objection, the contractual relationship shall continue under the conditions previously applicable. In the event of an objection, Bosch is entitled to terminate the user agreement with one (1) month's notice.

The contractual relationship between the parties shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the conflict of law provisions. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11.1

These Terms of Use will be translated into other languages. In the event of conflicts between different language versions of these Terms of Use, the English language version shall take precedence.

11.2

The individual user shall not be entitled to transfer any or all of its obligations under these Terms of Use without the prior written consent of Bosch, which may not be unreasonably denied.

11.3

Should any provision in these Terms of Use be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision immediately with a valid provision that comes as close as possible to the economic result of the invalid provision. The same applies if a provision cannot be enforced or the contract in question contains a loophole.