Terms of Use for the Bosch Smart Home App

Robert Bosch Smart Home GmbH with registered office at Schockenriedstrasse 17, 70565 Stuttgart-Vaihingen, Germany (hereinafter referred to as "Bosch") provides the Smart Home 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 only be downloaded from the app store. Neither the app store operator nor its associated enterprises shall become a party to the Licence Agreement. However, the app store operator is entitled to meet its 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 have in your possession, and on which the software can be run in accordance with the system requirements that can be viewed in the app store before concluding these Terms of Use. You agree to use the App for the purposes set out in these Terms of Use in accordance with these Terms of Use and applicable law.

The App is being continuously developed and new functions and services that go beyond the scope of the free basic version of the App shall 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 shall not copy or distribute the App or otherwise make it available to third parties (including renting, leasing, making a loan of 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 under Sections 69(d) and 69(e) 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 for download through the app store by Bosch, unless such updates/upgrades and plug-ins for the App are the subject of separate terms of use. In this case, solely those provisions specified within the terms of use relevant to the respective updates/upgrades and plug-ins shall apply.

Bosch reserves all rights to the App.

2. Duty to cooperate

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

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

You hereby give your consent for updates which do not objectively put you in a less advantageous position vis-à-vis the service agreed upon when entering into these Terms of Use and which do not clearly deviate from said service, such as security updates and new and improved functions and updates for troubleshooting, to be installed automatically depending on the settings of your operating system. 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. In the event that updates require additional permissions, you will be notified of this prior to their installation. If you do not consent to the additional permissions required, the update will not be performed and this may impair the operation of the system or cause the operation of the system to be discontinued entirely. 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 German Civil Code (BGB) in return for payment, you must examine the product and notify Bosch of any defects in accordance with Section 377 German Commercial Code (HGB).

The prerequisite for use of the App is the installation of a central control unit – the Smart Home Controller – and the installation of at least one additional Bosch Smart Home component. 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 App in the app store, particularly with regard to supported operating systems/versions and mobile devices.

3. Liability and guarantee

3.1 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.

3.2 Limitation of liability for software subject to a charge

Insofar as the software has been obtained in exchange for payment, Bosch shall only be liable, regardless of the legal basis, in accordance with the following provisions:

3.2.1 In the following cases, liability is based on the applicable statutory provisions:
3.2.2 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 negligence. If you are an entrepreneur within the meaning of Section 14 German Civil Code (BGB), the Parties agree that the typical foreseeable damage 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 compensation of expenses.

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

3.4 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 is in accordance with the statutory provisions.

4. Availability

The Smart Home System 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 Home security package and all Smart Home devices are intended for use in your home environment only and are under no circumstances suitable for use in particularly critical areas. The security package is not an alarm system or intruder alarm system and has not been certified as in compliance with industry regulations or standards for professional alarms.

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

The availability of the system and therefore also the security package may be interrupted to allow necessary maintenance and repair measures to be performed.

5. Support

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

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

E-mail: service@bosch-smarthome.com

Telephone number: 00800 843 762 78 (free of charge in the UK)

If you contact Bosch, your customer information 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 can send information about your system (e.g. personal, configuration, historical and system data) to Bosch, and in particular to the Customer Service Team, by uploading the system status. If an upload is required to process a support case, the Customer Service Team will ask you to confirm the upload on your central control unit (Smart Home Controller) by pressing a button. The upload will not take place until you provide confirmation.

In order to handle future enquiries and comply with the legal requirements on documentation, Bosch will store your customer history for ten years after your most recent interaction with the Customer Service Team. Data specific to the support case and personal data will be automatically deleted no later than three years after the issue is resolved. Attachments are processed within the statutory retention periods and retained accordingly or automatically deleted 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 work with personal data, please refer to section 7.

6. Transfers/assignments

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 your rights of use requires our explicit consent. Transferability may also be excluded by means of technical locking mechanisms put in place by the supplier 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 the Smart Home Controller or your Smart Home System to a third party on a permanent basis, please use the "Factory settings" function in the setup menu. This deletes all user and system data from the Smart Home System.

7. Third party services

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

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

8.1 General information on data protection

In order to facilitate use of the App and the Smart Home devices controlled by the App (such as the Smart Home Controller), as well as supplementary services (such as use of the Customer Service Team in cases where support is needed), Bosch and additional companies within the Bosch Group, as well as the service providers commissioned by them, collect, process and use personal data. Further details on the collection and use of personal data within the context of the Smart Home System use can be found in our Privacy Statement. The Privacy Statement is not part of these Terms of Use and is subject to change at any time in this respect.

By registering via the App, I give my consent for Bosch to transfer my personal data collected during the use of the App, the Smart Home devices controlled by the App and any supplementary Smart Home services to companies within the Bosch Group and external service providers, and/or for these companies and external service providers to collect, store and use my personal data for the purposes of operating the system and providing support for the business processes and systems relevant to the use of the Smart Home System (such as hosting and technical support).

For this purpose, personal data will be transferred to or collected and used by Robert Bosch GmbH, Bosch Software Innovations GmbH, Bosch Communication Center Magdeburg GmbH, Bosch Sicherheitssysteme GmbH, Bosch Thermotechnik GmbH, EMC Deutschland GmbH, VMware Global Inc. Zweigniederlassung Deutschland, amasol AG, Avarteq GmbH and others as required, to the extent that these are covered by the above consent.

The right to collect and process your personal data on the basis of other permissions (in particular, those provided for by statutory provisions, or the transfer to and use by companies other than those specified above, where applicable, as part of contract data processing in accordance with Section 11 Federal Data Protection Act (BDSG)) remain unaffected by the above Declaration of Consent. Neither does the above Declaration of Consent affect consent given in other circumstances.

You may revoke the consent given to Bosch, at any time with future effect and free of charge. To do this, please contact our Customer Service Team at 00800 843 762 78 or e-mail service@bosch-smarthome.com. Please note that in the event that you revoke your consent, you may be unable to use various functions and services offered by the Smart Home System in the future.

The current version of this Declaration of Consent can be viewed and downloaded in the App at any time under Terms of Use (Nutzungsbedingungen) in the setup menu. The full history of the Terms of Use and Privacy Statement can be found on our website at www.bosch-smarthome.com.

9. Violations of these Terms of Use

You undertake vis-à-vis Bosch to only use the App for purposes that do not violate these Terms of Use or any other applicable laws, or infringe upon the rights of 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

If Bosch intends to change and/or add to these Terms of Use or individual provisions thereof, Bosch shall explicitly notify 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, the contractual relationship for the current scope of services shall continue subject to the existing Terms of Use. If this is not possible for technical reasons, Bosch shall be entitled to terminate the contractual relationship with you and forbid you from continuing to use the App. Your statutory warranty rights shall remain unaffected by this.

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

Date: 15-11-2017