Terms of Use for the Bosch Smart Home App

By downloading the product from the App Store and/or by accepting these Terms of Use, a License Contract is concluded for the use of the Smart Home App (hereinafter: “App”) between you and Robert Bosch Smart Home GmbH, Schockenriedstr. 17, 70565 Stuttgart-Vaihingen, Germany (hereinafter “Bosch”).

Neither the App Store operator nor an affiliated enterprise becomes a contracting party to the License Contract. The App Store operator does, however, have the right to enforce your obligations under this License Contract against you. By virtue of your downloading and/or acceptance you declare that you are in agreement with the following License Terms and Conditions and Terms of Use.

§1 Use of the Bosch Smart Home App:

Please note that in order to use certain functionalities of the Bosch Smart Home App, your mobile device has to have an existing data connection or such a connection has to be established by using these functionalities. We therefore recommend using the Bosch Smart Home App only if you have a flat rate for mobile data or have access to a wireless LAN hotspot in order to avoid incurring connection charges.

By downloading the free basic version of the App, Bosch grants you the non-exclusive, non-transferable right to use the App free of charge on a device owned by you or those in your possession, on which the software can run on according to the system requirements which you can look up in the App Store prior to agreeing to these Terms of Use.

These are usually the most recent versions of iOS or Android. If the system requirements change in the course of time, for instance because the security mechanisms of the older versions are no longer sufficient and can therefore no longer be supported, you will be informed by Bosch under the following link: https://www.bosch-smarthome.com/uk/en/ooa/system-requirements/

The Bosch Smart Home System enables the integration of smart devices in a privately used detached house or a privately used flat.

For technical reasons, the maximum number of devices and usable scenarios and automations in the Smart Home System is limited. For all devices that use the proprietary radio protocol (radio frequency 868 MHz) the maximum number of devices is 100.

The concrete maximum number strongly depends on the individual use, but only becomes relevant for very large Smart Home installations, which typically do not occur in a detached house or flat.

It could then be the case that the speed of use becomes noticeably slower or that the Smart Home Controller cannot start anymore because the limits are exceeded.

The App is a constant subject to further development, which means that new functions and services in addition to the free basic version are being offered at regular intervals. Additional functions and services within the App can be or become subject to payment of a fee. In this case, Bosch will advise you of the prices and service features in advance. The cost-free control of components in your home network (Wi-Fi) will remain and will be useable in any case.

Please note that additional functions of the App might only run smoothly if the corresponding Bosch Smart Home devices are up to date. Older generation Bosch Smart Home devices might not be compatible with all the functions of the App. The technical requirements can be found in the descriptions of the App.

You are not permitted to copy or distribute the App or to otherwise make it available to third parties (including by letting, leasing, loaning or sub-licensing it) or to use it in any other manner that is reserved only for the originator. You do not have the right to change, reverse engineer, decompile or disassemble the program code of the App or of parts thereof or to establish the source code in any other way or to produce derivative works from it. OSS components where the license requires that the end customers will be allowed to reverse engineer them for their own or for debugging purposes, are excluded from this restriction. The provisions of sections 69d and 69e German Copyright Act (UrhG) however remain unaffected by this.

By using the Smart Home Controller API, whether through applications or otherwise, the user accepts the “Bosch Smart Home Terms and Conditions for developers” at GitHub and agrees to be bound by them (see: https://github.com/BoschSmartHome/bosch-shc-api-docs#terms-and-conditions).

The above Terms of Use also apply to all updates/upgrades and program supplements for the App which Bosch makes available for you to download from the App Store, except insofar as they form the subject matter of a separate license agreement. In this case, solely the provisions of the valid license provisions applying to the respective update/upgrade or the program supplement are applicable.

Bosch reserves all rights to the App.

§2 Obligations to collaborate:

When using the App, you must comply with the duty of care required for use, and before using the results generated by the software you have to examine the results to a reasonable degree.

You are obliged to store safely all the access data, such as your user name and your password.

You agree with updates, which objectively do not place you in a worse position compared to the services agreed to at the time of the conclusion of the contract and which do not diverge drastically from those, to be automatically integrated into the settings of your operation system, e.g. security updates an new, improved functionalities and updates for error correction. All the updates will be shown to you in the App. Adapt these accordingly if required and obtain information from your provider. Bosch cannot influence this. If the updates require more far-reaching authorizations, you will be advised accordingly prior to installation. If you do not consent to these exceeded authorizations, it is possible, that the operation system might not function properly or must be discontinued. This regulation applies accordingly insofar as changes to the App and/or to the device software become necessary due to amended stipulations by third parties which Bosch procures upstream services from, or due to substantial technical innovations on the market.

Please ensure that the devices function properly after every update. In particular you must conduct a trial alarm for the Bosch Smart Home Twinguard (hereinafter “Twinguard”) and for the Bosch Smart Home smoke detector (hereinafter “Smoke Detector”) using the operating button. We recommend that you trigger a trial alarm of Twinguards and Smoke Detectors once a month in order to ensure their operational safety.

If, as an entrepreneur within the meaning of section 14 German Civil Code (BGB), you paid for acquisition of the App, the obligation to object to defects as set out in section 377 German Commercial Code (HGB) applies.

The precondition for use of the App is that a central control unit, the Smart Home Controller, and at least one other Bosch Smart Home component have been installed in the United Kingdom or the Scottish Highlands and Islands or the Isle of Wight or the Isle of Man. You are responsible yourself for the correct installation and for the connection to your home network.

Additional technical requirements for the use of the App are set out in the description of the Application in the App Store, in particular the operating systems/versions and mobile devices that are supported.

Additional information on the use of the Twinguard and/or Smoke Detector: In the event of an alarm, please always check first of all whether there is a fire and/or whether any people are at risk, particularly before you deactivate the alarm manually using the operating button on the Twinguard or Smoke Detector and/or or mute it via the App.

You must always call the fire brigade or the emergency services manually yourself. In this case, ensure that there is an actual emergency.

§3 Warranty and liability:

a. Warranty and liability for software that is free of charge

Bosch is liable to the user for all damages based on a breach of contractual obligations by Bosch caused by intent or gross negligence and in the event of an injury to life or limb or impairment to health. In the event of a violation by slight negligence (leicht fahrlässig) of obligations which, when performed, enable the proper execution of the contract and which you are regularly able to rely on compliance with to a special degree (material contractual obligations / “Kardinalpflichten”), the liability of Bosch is limited to damages which are foreseeable are typical to occur. Any liability of Bosch which may exist under the German Product Liability Act (Produkthaftungsgesetz) or if guarantees are provided, shall remain unaffected by this.

b. Limitation of liability for software subject to payment of a fee

If you have paid a fee for the acquisition of the software, Bosch is only liable, regardless of the legal ground, in accordance with the following provisions: In the following cases liability shall be based on the statutory provisions:

Insofar as the liability is not governed by the statutory regulations according to the above enumeration, the following applies: In cases of a violation of only non-material contractual obligations by slight negligence (leicht fahrlässige Verletzung), Bosch is not liable for damages. Furthermore, the liability for damages caused by slight negligence is limited to damages that typically have to be faced in such contractual relationships (foreseeable damage typical of the contract). Damages caused by the use of the App on devices with full administrative access (e.g. rooting on Android) are considered to be non-foreseeable.

This also applies to breaches of duty caused by a neglect of duty by the statutory representatives, executive employees or simple agents employed in performance of an obligation (Erfüllungsgehilfen). If you are an entrepreneur as defined in section 14 BGB, the parties agree that the maximum amount of the foreseeable damage typical for the contract ensuing from breaches of duty under this Agreement corresponds to the value of the remuneration paid to Bosch under this Agreement. The aforesaid restrictions of liability also apply to claims for compensation for expenditure.

c. Insofar as the liability of Bosch is excluded or limited under these provisions, this also applies to the liability of the executive bodies (Organe), agents employed in performance of an obligation (Erfüllungsgehilfen) and vicarious agents (Verrichtungsgehilfen), including the employees of Bosch and of affiliated enterprises as defined in section 15 et seqq. German Stock Corporation Act (AktG).

d. The warranty period for defects as to quality and defects of title is 12 months for softwares, which you acquired as an entrepreneur for remuneration. This does not apply if the liability is based on the statutory regulations pursuant to sub-section b. above.

§4 Availability, notices:

The Smart Home System can inform you of events occurring in your house or apartment by sending notifications to your mobile device. Bosch can only transmit these notifications if the following is guaranteed:

Please note that the Bosch Smart Home safety package and all Smart Home devices are only intended for use in the home environment and that they are by no means suitable for use in especially critical areas. The safety package does not constitute an alarm system or an intruder detection alarm, especially not in accordance with the corresponding DIN and VdS standards.

The Twinguard and the Smoke Detector have been certified as smoke detectors by an independent testing institution under standard EN 14604: 2005/AC:2008. The other components do not conform with the above standard and are not certified. If you use several Twinguards, these are linked with each other via the Smart Home Controller. Twinguard and the Smoke Detector can only warn of a fire if smoke is generated and if this reaches the Twinguard or the Smoke Detector. The air quality sensor installed in the Twinguard is not a calibrated measurement device for highly precise measurements.

Bosch uses Push Notifications to send the notifications to your mobile device. For this the notifications are encrypted prior to transmission to your mobile device. Further information on the notifications and the data included can be found in our Data Protection Notice.

Due to technical dependency on other service providers, we cannot guarantee that whenever an event requiring notification occurs, all the technical information is always available in a timely manner, e.g. in notifications.

The availability of the system, and thus of the safety package too, can be interrupted for necessary maintenance and service work.

§5 Support:

If any problems occur when using the App, you can contact Bosch as follows:

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

E-mail: service@bosch-smarthome.com

Telephone:

00800 843 762 78 (free of charge in Germany and Austria)

0808 1011 151 (free of charge in the United Kingdom)

1800 200 724 (free of charge in Ireland)

0800 900 000 (free of charge in France)

When you establish contact, your customer data is used for a specific purpose.

In the event of a support case, you are asked to provide your identification data. You can provide Bosch, more particularly the employees of the customer hotline, with the system status (e.g. personal data, configuration data, historical data, system data) by uploading the data. If an upload is required in connection with support cases, the personnel on the customer hotline will ask you to confirm the upload by pressing the button on your central control unit (Smart Home Controller). Only then will the upload be carried out.

In order to process possible inquiries and to comply with the legal documentation obligations, Bosch will store the customer history for 10 years after the last interaction with customer support. Personal data relating to a specific problem case is erased automatically no later than 3 years after the problem was solved. Annexes are handled in compliance with the statutory retention periods and stored accordingly and/or also automatically erased within 3 years after the problem has been resolved.

Bosch only provides support for the current version of the software.

Further information on the handling of personal data is provided in §9.

§6 Transfer/assignment:

Insofar as you permit a third party to use your device that the software is installed on, on a temporary basis free of charge, you remain responsible for compliance with the provisions of this Agreement. Any other transfer of the rights of use requires our explicit consent. In addition, transferability can be excluded by means of technical blocks set by the provider through which the software is distributed.

Through the use of the software by third parties, the settings relating to data protection and privacy can also be affected and lead to deviant behavior. You shall be responsible for the compliance and enforcement of the desired settings by the third parties.

If you should permit a third party to use the Controller or your Smart Home System on a permanent basis, then please use the function “Factory settings” in the app. Thereby you delete all user and system data from the smart home system.

§7 Third-party services:

a. General instructions on the use of third-party services / use via partner Apps

The services of third-party providers that are integrated into the Smart Home App expand the possibilities of the Smart Home App. The use of these integrated or external services generally require your Smart Home System to be connected to your user account with your existing third-party provider. Any special terms of use which are integrated in the Smart Home App or external services of the operator must be separately downloaded prior to use and the conditions must be accepted. Solely the third-party provider is responsible for the App and the Terms of Use.

The provision of the third-party provider integration within the Smart Home App and/or the coupling to external services constitutes an additional functionality; Bosch does not guarantee its availability and Bosch may, in principle, at any time without prior notice, restrict or discontinue provision thereof and may interrupt access. As a rule, Bosch is unable to verify that the data transmitted by the third-party provider is correct and complete, and does not assume any liability in this respect.

Bosch also, in principle, enables the devices and services of the Bosch Smart Home System to be used via Apps of partner companies. In order to use the Bosch Smart Home system via a partner company or via the App of a partner company, it can be necessary for the data and status information of your devices to be stored in the Bosch Smart Home Cloud and/or on the Smart Home Controller so that the partner company can access the stored data in the cloud and can use this to control the systems. Apart from this, your explicit consents in the respective partner apps are required for storage of data in the cloud and for the access and the control by the partner companies. Without explicit consent, there is no storage in the cloud and it is not possible neither for the partner company (to have access) nor for you to have access via the partner company’s App.

In addition, the special Terms of Use of the partner company apply to the use of the partner App. You can find these in the partner company’s App and these terms have to be accepted separately.

Solely the partner company and not Bosch is responsible for the partner App, the App’s availability as well as the respective Terms of Use. Bosch is under no obligation to provide the opportunity to use the Bosch Smart Home System or individual Bosch Smart Home products via Apps of partner companies.

The partner company itself can create prerequisites for the usability via the partner App, such as a registration or a certain hardware of the partner company, over which Bosch has no control. Bosch does not guarantee neither the provision nor the availability of Bosch Smart Home devices via the partner App and does not assume any liability in this respect. Bosch may, at any time without prior notice, restrict or discontinue the provision of partner Apps and may suspend access. The customer is not entitled to the originally granted use via the partner App. Bosch also has the right not to activate specific functionalities in the partner Apps – for example due to security reasons.

The intentional and unintentional remote control or automated control of a Smart Home device via the App of a partner company can also mean the risk of the Smart Home device being switched on or off unexpectedly. In addition, due to external circumstances (e.g. an interrupted wireless connection or internet connection to the Smart Home Controller), it cannot be guaranteed at all times that commands will actually be executed or that the correct device status will be displayed in the App and on other Smart Home display devices (e.g. a Twist). This may result in devices that are connected to the Smart Home System being unintentionally switched off or supplied with power and consequently being or remaining switched on. This may cause personal injury or damage to property. Bosch assumes no liability in this respect.

Therefore applies the following:

Ensure to the greatest extent possible that no person is endangered at the time of remote operation or automated control.

Please take special care when using the remote control or automated control and check the desired functionality at regular intervals.

This applies in particular if you reconfigure Smart Home devices or connect them at another location and include them in scenarios.

b. Voice control

In addition, the following applies to the use of services which are offered for voice control by Bosch or partner companies (hereinafter: “Voice Control”):

aa. Content from third-party suppliers

The service for the use of Voice Control can contain content from third-party providers (e.g. texts, images, videos, audio or software). This content is subject to the exclusive responsibility of the entity which makes it available. Furthermore, content which is accessible via the service of Voice Control can be subject to intellectual property rights and, if this is the case, it may only be used by the user if the user has received a license from the owner of such content or is otherwise lawfully permitted to use it.

bb. Access restrictions

The user’s access to the content provided in connection with the service for Voice Control may be restricted or filtered in compliance with the applicable laws, rules and regulations.

cc. User license

The user declares that the user is in agreement with the access to and monitoring of the service for Voice Control solely for the purpose of the provision, securing and improvement of the service for Voice Control and grants to Bosch an irrevocable, worldwide, sub-licensable, royalty-free, non-exclusive license, unlimited as to time, to use content which is transmitted, published or displayed via the service for Voice Control. The term “use” signifies use, transfer, storage, modification, disclosure and publication.

dd. Prohibited activities

Every act which is liable to impair the smooth operation of the Voice Control and of the services in connection with it, in particular to subject the Bosch IT systems to excessive strain is forbidden.

Posts by the user may not contain any content which violates applicable law, rights or public morality. In addition, the user permits the operator to amend its posts insofar as they violate the aforementioned rules or are liable to cause damage to the operator or to a third party.

If you should become aware of an illegal or abusive use of the Voice Control or the services or of use which is in breach of the contract or otherwise unauthorized, you may contact Robert Bosch Smart Home GmbH and report this unauthorized use. We will then investigate the incident and take appropriate steps if necessary.

Unless or to the extent that is not explicitly permitted by the owner of the rights or by applicable law, the user is prohibited from using the service for Voice Control and the content as follows:

ee. Granting rights of use

Whilst the user is communicating via the Voice Control with, for example, Amazon Alexa, Google Assistant or Google Home, the messages (“Posts”) are stored that are entered by or spoken to the user. By using the Voice Control, the user grants to Bosch a sub-licensable right, free of charge and unrestricted as to time and territory, to use content which is transmitted, published or displayed in connection with the use of the service provided free of charge. The term "use" signifies use, transfer, storage, modification, communication, publication and reproduction in any form. The personal user data is not published in this connection.

§8 Changes to services:

Bosch has the right to change, restrict or discontinue, at any time, the services provided free of charge within the App or to only offer them for payment of a fee, and to make new services available either free of charge or for payment of a fee.

a. General information on data protection

In connection with using the App and the Twinguard Smoke Detectors controlled by it and storage applications in the backend (cloud storage) and additional services (e.g. use of the hotline for support cases), Robert Bosch Smart Home GmbH processes personal data or data that can be related to individuals. Insofar as is necessary, Robert Bosch Smart Home GmbH may involve additional entities within and outside the Bosch corporate group to render the services. Further details on processing personal data are provided in the Privacy Statement. This does not form part of these Terms of Use (AGB) and can therefore be amended at any time. Robert Bosch Smart Home GmbH performs its services from Germany.

b. Reference to your responsibility under data protection law

You bear the responsibility for the lawful implementation of the App and for components and services controlled by it. In this connection you are obliged to comply with the statutory provisions applying to you and/or at the implementation location. The statutory requirements can, for example, stipulate or restrict designated purposes or installation locations. If necessary, you must inform the persons, employees or third parties living in or frequenting the respective premises in a suitable manner with regard to the specific circumstances and the implementation of the security/safety solution.

c. Consent to data processing

Insofar as we wish to process your personal data for purposes other than that of performing the contract and if there is no legal permission, Robert Bosch Smart Home GmbH will make the processing contingent on your prior consent. You can grant your consent in good time, that is to say before the respective processing of personal data.

Once granted, you may withdraw your consent at any time free of charge vis-à-vis Robert Bosch Smart Home GmbH, Schockenriedstr. 17, 70565 Stuttgart, with future effect. In order to exercise your right of withdrawal you can contact us in written form addressed and sent by post to Robert Bosch Smart Home GmbH, Schockenriedstr. 17, 70565 Stuttgart or by telephone, using the toll-free telephone numbers

00800 843 762 78 (free of charge in Germany and Austria)

0808 1011 151 (free of charge in the United Kingdom)

1800 200 724 (free of charge in Ireland)

0800 900 000 (free of charge in France)

or by e-mail addressed to the e-mail address: service@bosch-smarthome.com. Please note that in the event of your withdrawal of consent, the future use of various functions or services can possibly be restricted or no longer possible.

d. Third-party services / use via partner apps

Under certain circumstances, you may also have the possibility of also using devices and services of Bosch Smart Home System via Apps of partner companies. Your consent is required for this. In order to use the Bosch Smart Home System via a partner company or via the App of a partner company, the data and status information of the Bosch Smart Home devices and services also have to be stored in the Bosch Smart Home Cloud so that the partner company can access the data stored in the cloud and control the Bosch Smart Home devices and services by using it.

The consent can be revoked at any time, so that the link is removed again and the use via Apps of partner companies is no longer possible. The partner company is responsible for the partner App and for the associated data processing under data protection law. Bosch cannot influence this. Please note the Terms of Use and the data protection notices of the partner company with respect to its handling of your personal data.

§10 Breach of these Terms of Use:

You undertake vis-à-vis Bosch that you will use the offer only for purposes which do not violate these Terms of Use or applicable German law or third-party rights. If you permit another person to use the Bosch Smart Home App on your mobile device, you have the duty of care to advise of the Terms of Use and to reasonably monitor compliance with them. Bosch may block access to the Application if you are in breach of your obligations under these Terms of Use.

§11 Change to the Terms of Use:

Within the bounds of what is reasonable, and taking the interests of the customer into account, Bosch reserves the right to amend and/or supplement these Terms of Use at any time, insofar as this is done for legal or regulatory reasons, for reasons of security, for the further development of certain characteristics or due to technical adjustments.

Bosch will notify the customer of all changes. In the change notification, the customer will be advised of his right of objection or his right of termination and also of the consequences of an objection. If the customer has a right of objection and does not object within 30 calendar days after receipt of the change notification, the changes will be deemed effectively agreed as from the date of expiry of the time limit.

In the event of an objection, Bosch reserves the right to terminate the usage relationship and to discontinue the eligibility for use of the App. The statutory warranty rights shall remain unaffected.

§12 Information on dispute resolution before consumer arbitration boards:

Bosch does not participate in dispute resolution proceedings before consumer arbitration boards.

§13 Applicable law, jurisdiction:

The substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, is applicable. If you are not a consumer or have no general place of jurisdiction established in Germany, the courts of Stuttgart, Germany, shall have jurisdiction and venue over all disputes arising through or in connection with this Agreement.

This choice of law does not mean that the user is deprived of the protection granted to the user by those provisions from which, according to the laws of the country in which the user has habitual residence, no derogations may be made by agreement (favorability principle).

§14 Severability clause:

If individual Terms of Use or contract parts should be ineffective, the remainder of the Terms of Use or contract parts shall remain effective.

Date: 12-08-2020