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Terms of Use for the Bosch Smart Camera App

Robert Bosch Smart Home GmbH with registered office at Schockenriedstr. 17, 70565 Stuttgart-Vaihingen, Germany (hereinafter referred to as "Bosch") provides the Bosch Smart Camera App (hereinafter referred to as "App") to you free of charge for installation and use on your mobile device.

These terms of use ("Terms of Use") shall apply between yourself as the user of the App and Bosch as operator of the App. When you have downloaded the App from the App Store, these Terms of Use will become the binding contractual basis governing the use of the App.

The App can be downloaded from the App Store. Neither the App Store or its associated enterprises shall become a party to the Licence Agreement. However, the App Store Provider is entitled to meet their obligations to you under this Licence Agreement.

§1 Use of the App

Please note that the use of certain functions within the App requires an existing data connection to your mobile device and the use of these functions will establish such a connection. Any costs incurred for the data connection must be borne by you. Bosch will not be liable for the availability and/or quality of the data connection.

Bosch grants you a non-exclusive and non-transferable right to use the App free of charge, in conjunction with a device you own or possess and on which the software can be run in accordance with the system requirements that can be viewed in the App Store before agreeing to these terms. You agree to use the App for the purposes set out in these Terms of Use and in accordance with these Terms of Use and applicable law.

The App is subject to continuous development and new functions and services that go beyond the scope of the free basic version of the App will therefore be offered on a periodic basis. Additional functions and services within the App may be subject to a charge or become subject to a charge at a later date. In this instance, Bosch shall communicate the relevant prices and features to you in advance. The capacity to manage components on your home network (WLAN) without charge shall remain available and usable in any case.

You are not authorised to copy or distribute the App or otherwise make it available to third parties (including renting, leasing, loaning or sublicensing the App). You are not entitled to modify, reverse engineer, decompile or disassemble the program code of the App or any part thereof, nor to otherwise determine the source code or create works derived from said source code. Excluded from this restriction are OSS components whose license requires that the end customer may reverse engineer them for his own use or for debugging purposes. The provisions of Sections 69(d) and 69(e) of the German Copyright Act (UrhG) shall remain unaffected by this.

These Terms of Use shall also apply to all updates/upgrades and plug-ins for the App made available by Bosch for download from the App Store, unless such updates/upgrades and plug-ins for the App are the subject of a separate terms of use. In this case, solely those provisions specified within the terms of use relevant to the respective update/upgrade and plug-in shall apply.

Bosch reserves all rights to the App.

This product contains both software that is proprietary Bosch software, licensed under the Bosch standard license terms, and Open Source software licensed on the basis of other licenses. The Open Source licenses and related Information can be viewed within this App from the Settings menu, “Open Source Licenses”. For LGPL, GNU Lesser General Public License, the specific terms of use as detailed in the license terms shall apply, in particular reverse engineering shall be allowed for LGPL components.

§2 Duty to cooperate

You are required to exercise the due care necessary for use of the App and to take reasonable measures to check the results generated by the software before using them.

You are obliged to keep safe all login details, such as your username and password.

You must install a Bosch 360° indoor camera and/or a Bosch Eyes outdoor camera in the United Kingdom, the Scottish Highlands and Islands, the Isle of Wight and the Isle of Man in order to use the App, and you must connect all components to the Bosch Video back-end ("Bosch Video cloud"). You are responsible for the proper installation of the components and establishing the connection to your home network.

Further technical requirements for the use of the App are listed in the description for the application in the Store, particularly with regard to supported operating systems/versions and end devices, such as smartphones and tablet PCs.

Any security updates, new and improved functions and updates for troubleshooting to the camera software shall be displayed to you in the App, and require your consent prior to installation. Consent to App updates shall be managed by the operating system on your mobile device, and the provisions and settings of your operating system shall apply. You may need to adjust these provisions and settings accordingly; please contact your provider for further information. Bosch has no influence on any adjustments that need to be made to these provisions or settings.

If you do not consent to updates to the device software or the App, and no updates are performed, it may impair the operation of the App and the devices, or the operation of the App and devices ceases to work entirely, with the result that you are unable to continue using the App and devices. In this instance, you shall be entitled to terminate any further contractual relationship governing the use of the App. This provision shall apply insofar as it becomes necessary to make changes to the App and/or to the device software due to changed specifications of third parties from which Bosch receives advance payments or due to substantial technical innovations on the market.

If you have purchased the App as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB) in return for payment, the obligation to give notice of defects shall apply in accordance with Section 377 of the German Commercial Code (HGB).

§3 Warranty and liability

a. Warranty and liability for free software. Bosch shall only be liable for material defects and defects of title, regardless of the legal basis, if Bosch has fraudulently concealed the material defect or defect of title in question. Otherwise, Bosch, its legal representatives and its vicarious agents shall only be liable to provide compensation for loss or damage that has occurred on the basis of the free-of-charge provision of the software where deliberate or grossly negligent conduct has taken place or in the event that culpable loss or damage has been caused by loss of life, bodily injury or damage to health. Claims in accordance with the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected by this.

b. Limitation of liability for software subject to payment. Insofar as the software has been obtained in exchange for payment, Bosch is only liable, regardless of the legal basis, in accordance with the following provisions:

In the following cases, liability is based on the applicable statutory provisions:

Insofar as the liability as set out in the list above is not based on the statutory provisions, the following shall apply:

This also applies where obligations are breached by legal representatives, executive staff or simple vicarious agents as a result of negligent conduct. If you are an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), the parties shall agree that the foreseeable loss or damage that is typical of this type of agreement, resulting from breaches of obligations set out within this Agreement shall not exceed the amount paid to Bosch under this Agreement.

The above limitations of liability also apply to claims for reimbursement of expenses.

c. Insofar as Bosch's liability is excluded or limited by these provisions, this also applies to the liability of organs, subcontractors and vicarious agents of Bosch, including Bosch employees.

d. The warranty period for material defects and defects of title for software that you have obtained as an entrepreneur in exchange for payment is 12 months. This shall not apply if the liability as set out in Section 3.2.2 is in accordance with the statutory provisions.

§ 4 Availability

The App, together with an installed Bosch camera, can inform you of incidents in your house or flat by sending messages to your mobile device. Bosch is only able to send these messages once you have ensured that:

Please note that the Bosch Smart Video System, consisting of the App, cameras and Bosch Video cloud, is intended for use in your home environment only and is under no circumstances suitable for use in particularly critical areas. The cameras, backend and app have not been certified as in compliance with industry regulations or standards, in particular not in accordance with standard EN 50131.

System availability may be interrupted to allow necessary maintenance and repair measures to be performed.

Bosch uses push notifications to deliver the messages to your mobile device. This involves sending the messages to your mobile phone in encrypted form. You can find further information on the messages and the data they contain in our Data Privacy Statement.

§ 5 Support

If you encounter problems when using the App, you can contact Bosch using the following details:

Robert Bosch Smart Home GmbH, Schockenriedstr. 17, 70565 Stuttgart-Vaihingen, Germany

E-mail: service@bosch-smarthome.com

Telephone number: +49 (0) 800 843 762 78 (free of charge from the UK, France, Germany and Austria)

If you contact Bosch, your customer data will be used for the purpose of providing support.

In the event that you require support, you will be asked for your identification data. You may grant Bosch, particularly the Customer Service Team, access to the system status (e.g. personal data, configuration data, historical data and system data). If required to process a support case, the customer hotline employee will ask you to confirm that you give them access authorisation by means of a numerical code displayed in the App.

In order to handle future enquiries and comply with the legal requirements for documentation, Bosch will store your customer history for ten years after your most recent interaction with the Customer Service Team. Personal data which is specific to the support case shall be deleted automatically no later than three years after the issue is resolved. Attachments are processed within the framework of the statutory retention periods and retained accordingly or deleted automatically no later than three years after the issue is resolved.

Bosch is only able to provide support for the most recent version of the software.

For further information on how we use personal data, please refer to Section 6.

§ 6 Transfer/assignment

In the event that you temporarily transfer the device on which the App is installed to a third party, you remain responsible for ensuring that the provisions of these Terms of Use are complied with. Any other transfer of the rights of use requires our explicit consent. Transferability may also be excluded by means of technical locking mechanisms put in place by the provider responsible for distributing the software.

The use of the App by third parties may also affect settings with regard to data protection and privacy and may lead to undesirable behaviour. You shall be responsible for complying with and configuring the required settings for third parties.

If you transfer a video camera to a third party on a permanent basis, please use the "Factory settings" function in the App's settings menu in advance. This deletes all user and system data on the camera.

You can also use the "Delete account" App function to delete all user and system data connected with this account in the App, all connected cameras and the Bosch Video cloud.

§ 7 Third party services

Third party services integrated into the App enhance the possibilities of the App. Generally, in order to use these integrated or external services you need to pair your Bosch user account with your existing user account with the third party operator. Any special terms of use for the third party operator's integrated or external services in the App can be found in the third party operator's app. Before using these services, the third party operator’s app must be downloaded and the applicable terms of use of the operator have to be accepted. The third party operator is solely responsible for these terms of use, his app and services.

The provision of third party integration within the App and interfacing with external services is deemed an additional function, for which Bosch does not vouch and which can be discontinued by Bosch at any time without prior notice. Bosch is generally not able to check the data transmitted by the third party operator in terms of accuracy and completeness and therefore declines responsibility to this extent.

§ 8 Data protection, consent

a. General information on data protection

In order to facilitate use of the App and the video cameras and storage applications in the Bosch Video cloud which are controlled by the App, as well as supplementary services (such as use of the hotline in cases where support is needed), Bosch uses and processes personal data or data which can be traced back to a particular person. If required, Bosch may involve other bodies inside and outside the Bosch Group in the provision of services. Further details on processing personal data can be found in our Privacy Policy. The Privacy Policy is not part of these Terms of Use and is subject to change at any time in this respect.

Bosch provides you with its services from Germany. Accordingly, the provisions of data protection legislation which are valid at Bosch's registered office shall apply.

b. Information on your responsibilities in relation to data protection legislation

You shall be responsible for the lawful use of the App and components and services which it controls. In this context, you are obliged to comply with the statutory provisions which are applicable to you or the place of use, particularly those relating to data protection. The statutory requirements may restrict the purposes of use, installation locations, selection of image details and storage period of the video sequences, in particular. If required, inform persons, employees or third parties who live in the monitored premises or who are present there for a significant period of time of the specific circumstances and the use of the visual security solution as is appropriate.

c. Consent to data processing

Insofar as Bosch wishes to process or use your personal data for purposes other than fulfilling these Terms of Use and insofar that Bosch is not permitted by law to do so, Bosch shall make this dependent on the consent you previously granted. You may actively grant your consent in good time, that is to say before the corresponding collection, processing and use of your personal data.

You may revoke the consent which you granted to Bosch at any time with future effect and free of charge. To exercise your right to revocation, please contact us in writing at Robert Bosch Smart Home GmbH, Schockenriedstr. 17, 70565 Stuttgart, Germany, by calling us on +49 (0) 800 843 762 78 or by sending an e-mail to service@bosch-smarthome.com. Please note that, in the event that you revoke your consent, the future use of various functions and services may be restricted under certain circumstances or may no longer be possible.

§ 9 Violation of these Terms of Use

You undertake vis-à-vis Bosch to only use the service for purposes that do not violate these Terms of Use or any other applicable laws or infringe upon the rights of any third parties. If you allow another person to use the App on your mobile end device, you have a duty of care to make them aware of the Terms of Use and to take reasonable measures to ensure that these are complied with. Bosch is entitled to block your access to the application if you violate your obligations under these Terms of Use.

§ 10 Changes to the Terms of Use

Bosch may change and/or amend individual provisions of these Terms of Use which do not change the main responsibilities of Bosch by notifying you of the new version and make the amended text available to you.

You shall have the right to object to such changes. In this instance, Bosch shall be entitled to terminate the contractual relationship with you and prohibit you from continuing to use the App.

If you do not object to changes within six weeks of their communication, this shall be taken as consent to the new Terms of Use.

§ 11 Applicable law, place of jurisdiction

The substantive law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Insofar as you are not a consumer or have no regular place of jurisdiction in Germany, the place of jurisdiction for all disputes arising due to or in connection with these Terms of Use shall be Stuttgart, Germany.

§ 12 Severability clause

Should individual provisions or parts of the Terms of Use be ineffective, the remaining provisions and parts of the Terms of Use shall remain in force.

Last revised: 16.11.2017

Bosch Smart Camera solution privacy policy

Bosch respects your privacy

Robert Bosch Smart Home GmbH (we) appreciate your interest in our company and your use of our products, apps and services.

Data protection and information security are an integral part of our corporate policy. The protection of your privacy in the processing of your personal data is an important matter to which we pay special attention during our business processes. We process personal data collected when you use our app and the services that we provide confidentially and solely in compliance with legal provisions.

Processing of personal data

Personal data is specific items of information related to the personal or physical circumstances of a specific or identifiable person, such as names, addresses, telephone numbers, e-mail addresses, photos, videos or other information on a specific or identifiable person.

We only record, process and use your personal data if there is a legal basis for doing so or if you have granted us your consent to do so.

The Bosch Smart Camera app, the associated video cameras and the online data storage that you can access via the app are designed with functions to make your home more secure. In order to implement the agreement, i.e. to provide the services associated with the agreement (e.g. functions of the app, saving image data in the online data storage facility), it is necessary for us to use data that may in some circumstances relate to you or another natural person. Specifically, this data includes:

Purpose of data processing

We will only ever use the data specified above in order to implement the agreement concluded with you and to provide the services offered. This is not limited to the provision of the Bosch Smart Camera app and the online data storage facility for storing video data, as the purpose of the agreement also includes providing rapid support (e.g. for troubleshooting) and ensuring that the app and associated devices (e.g. cameras) that we provide are up-to-date and secure (e.g. by providing updates).

We are permitted to process and use personal data for our own business purposes if required to safeguard our legitimate interests and if there is also no reason to assume that your protected interests or those of another affected party take priority and would be infringed by the processing or use of the data.

We are permitted to use personal data ourselves or to provide personal data to other companies within or outside of the Bosch Group in particular for product development and improvement purposes and for market and opinion research, provided that we first anonymise the personal data. If we intend to use data that has not been anonymised for product development and improvement purposes, or for market and opinion research, we will first obtain your consent.

Disclosure of your data

We rely on the support of other companies to provide our services. This may be the case in particular as part of carrying out support tasks or for the storage of data. We primarily entrust companies within the Bosch Group with these services.

In particular, these are:

However, we may also commission service providers outside of the Bosch Group to provide these services, as long as we feel confident that these service providers will meet a high standard of data protection and they provide us with proof that they meet that standard. We rely on the cloud services provided by Bosch Sicherheitssysteme GmbH and Amazon Web Services in Germany to store image data.

The disclosure of personal data assigned to you and the associated processing and use of that data is restricted to the provision of the services offered to you or selected by you. The use of your data for other purposes is not permitted, unless you have expressly consented to such use in advance. Data processing will not take place outside of the European Union or the European Economic Area.

In certain cases, it may be necessary for us to pass on personal data to third parties in order to implement the agreement, i.e. to provide the services associated with the agreement. In such cases, the use of the data is limited to the specific purposes required for implementation of the agreement. This means that third parties are also only permitted to use the data for the purposes for which it was passed on to them. If required, we will obtain your consent before passing on your data.

We are permitted to use personal data ourselves or to provide personal data to other companies within or outside of the Bosch Group for processing and use, in particular for product development and improvement purposes and for market and opinion research, once we have anonymised the personal data.

We will pass on personal data to governmental bodies, courts or investigating authorities if we are obligated to do so by law or as a result of a judicial order or a valid request from investigating authorities. We will inform you immediately of any such passing on of your data if we are permitted to do so.

Amazon Alexa

You have the option of controlling your Smart Home products via Amazon Alexa voice commands. To do so, you have to connect your Smart Home products to Amazon Alexa. If you control your Smart Home product via Alexa, you may have to transmit personal data via Amazon to your Smart Home product and vice-versa.

If you give voice commands to Amazon Alexa in order to control Smart Home products or retrieve information from your Smart Home product, voice data are transmitted to Amazon and used by Amazon to perform the service. These data may be personal data. By connecting your Amazon Alexa and Bosch accounts and by activating skills, you make it plain that the Smart Home product installed on your system is to be controlled via Amazon Alexa and that information is to be output via Amazon Alexa and you instruct us to exchange data with Amazon Alexa in this context. You and Amazon are responsible for the data processing that is entailed. The data processing performed by Amazon is subject to Amazon's usage and privacy protection terms. Bosch has no influence on them. Please refer to Amazon's usage and privacy protection terms with regard to Alexa for more information on data processing by Amazon.

Consent

Insofar as we wish to process or use your personal data for purposes other than fulfilling the agreement and insofar that we are not permitted by law to do so, we will make this dependent on the consent you previously granted. You may actively grant your consent in good time, i.e. before the corresponding collection, processing and use of your personal data. This may, for instance, take place when installing or launching the app, or at a later date when activating additional functions or services. We consider acts of confirmation to constitute consent, such as:

Revoking your consent

You can revoke the consent that you have granted to us to process your personal data at any time with future effect.
To exercise your right to revocation, please contact us in writing at Robert Bosch Smart Home GmbH, Schockenriedstr. 17, 70565 Stuttgart, Germany, by calling us on +49 (0) 800 843 762 78 or by sending an e-mail to service@bosch-smarthome.com.

Revocation may also consist of unchecking selection fields or disabling functions, for example. Please note that, in such cases, the future use of various functions and services may no longer be possible or may only be possible to a limited extent.

Data security

We take security precautions in order to protect your data against tampering, loss, destruction or access or perusal by unauthorised persons while we are processing it. In particular, we rely on encrypting data, both when transmitting it and when storing it.

Our security measures are continually improved in line with technological advances. Furthermore, our employees are obligated to maintain data secrecy.

You can also play your part to ensure security by restricting who can access the Bosch Smart Camera app and using the security measures available to you (e.g. automatic smartphone lock after a set period of inactivity).

Your responsibility for use in compliance with the law

You are responsible for ensuring use of the Bosch Smart Camera solution in compliance with the law. In this context, you are obliged to comply with the statutory provisions which are applicable to you or the place of use, particularly those relating to data protection.

Applicable statutory provisions may, in particular, restrict the purposes of use, installation locations, selection of image details and storage period of the video sequences. If required, inform persons, employees or third parties who live in the monitored premises or who are present there for a significant period of time of the use and specific circumstances of the Bosch Smart Camera solution as is appropriate.

Your rights as a data subject

As a data subject as defined by the Federal Data Protection Act (Bundesdatenschutzgesetz), you have the right to demand information at any time about the personal data stored about you. You can also demand corrections to your data at any time if it is incorrect.

You can also revoke your consent to the collection, processing and use of your personal data in the future.

Deletion of data

Your personal data will be deleted if you withdraw your consent to its storage, if access to the personal data is no longer required to fulfil the purpose served by its storage, if its storage is inadmissible for other legal reasons or if you have ended your agreement with us.

In certain cases, we will offer you the option to arrange for the deletion of data yourself. For instance, if you use the delete function in the Bosch Smart Camera app, the images recorded in the data storage facilities in the video camera, Bosch Smart Camera App and online data storage will be deleted. Personal data and configuration information will also be deleted and will no longer exist.

Data that is necessary for billing and accounting purposes, or that is subject to legal obligations to retain data, is not affected.

Contact

For information, corrections, suggestions and complaints regarding the processing of your personal data, please contact our Group Data Protection Officer.

Changes to the privacy policy

We reserve the right to make changes to this privacy policy. The current version of the privacy policy is always available on our website at https://www.bosch-smarthome.com/de/de/datenschutz.