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Terms of service

Last updated: May 02, 2023

IMPORTANT NOTICE: PLEASE READ THROUGH THESE TERMS CAREFULLY.

These Terms of Service ("Terms of Service" or “Terms”) apply to your use of the Bosch RideCare companion product and/or services defined below, which is made available to you (“User” or “you”) by Robert Bosch LLC (“Bosch,” “us”, “our,” or “we”).

ANY DISPUTE BETWEEN YOU AND BOSCH IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THESE TERMS IN ITS ENTIRETY, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS BELOW.

It is your sole responsibility to export and save any data and Content before termination of the Agreement or expiration of the aforementioned period.

1. Agreement

By clicking the “I ACCEPT” button during the registration process or by accessing or using the Products and/or Services, (a) you acknowledge that you have read and understand these Terms as well as other terms, policies, and guidelines referenced in these Terms or posted on the Website (defined below) or otherwise communicated to you (collectively, the “Agreement”); (b) you represent and warrant that you have the right, power, and authority to accept this Agreement and, if you are accepting these terms for an organization, that you have the legal authority to bind that organization; and (c) you agree that you are legally bound by this Agreement. If you do not agree with any of the terms and conditions of this Agreement, you are not permitted to access or use any of the Products and/or Services.

2. Products and Services Offered

2.1. The Products consists of a connected camera with interior and exterior view with cloud upload functionality, wireless SOS button (sometimes referred to as “Silent Alarm”), Safety Call for live remote assistance, and software incorporated or embedded in the camera and button (collectively, the “Products”). The Services include live remote operator services, web-based (cloud) platform that allows you to access, use or manage Content (defined below) (the “Portal” located at https://start.bosch-ridecare.com/), public website operated by Bosch with the landing page located at https://companion.bosch-ridecare.com/ (the “Website”), and other services, software, and applications offered or provided in connection with the Products (collectively, the “Services”).

2.2. The scope of the Products and Services, as well as details of setup, operation, technical requirements and availability can be found on the Website (“Service Description”). The Service Description serves only to describe the Products and Services and contains neither performance agreements nor guarantees.

3. Requirements

3.1. Access and use of the Products and Services is restricted to persons 18 years of age or older. By using the Products and/or Services, you represent and warrant that you are at least 18 years old and otherwise have the capacity to contract.

3.2. The Products and Services are only available in the United States (excluding its territories). THE SERVICES, PARTS, OR ALL, MAY NOT BE AVAILABLE AT ALL TIMES OR EVERYWHERE, PARTICULARLY IN REMOTE OR ENCLOSED AREAS.

3.3. Some of the Services and functionalities available through the Portal require access and use with the Products, which must be activated and linked to the Portal and your account. The Service Description indicates which functionalities these are.

3.4. The Products and/or Services will not be accessible without: (i) access to data or cellular connectivity that can communicate reliably with the Products and Services (e.g., LTE connectivity and connection to the Portal are required to upload Content to the Portal); (ii) an active, current and properly completed user account; (iii) compatible mobile devices, such as a smartphone or a tablet and/or other compatible hardware; and (v) other system elements that may be specified by Bosch. 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 Products and Services may not function as described when the requirements and compatibility have not been met. Without limiting the foregoing, the Portal access and Safety Call feature requires a mobile phone, phone plan and active connection with cellular coverage.

3.5. You consent to receive emails, text messages (SM), and/or voice calls/messages at the addresses you provide Bosch for any purpose relating to the Agreement including, without limitation, information relating to the Products and Services and any notifications from Bosch as provided for, or permitted within, this Agreement (“Notification Purpose(s)”). You will be responsible for any message and data rates that may apply. You agree to notify Bosch immediately in the event of any change to any of the email addresses or telephone numbers you provided. You agree to regularly check your voice messages, text and e-mail messages for communications from Bosch. Please see Section 7 below for information on how Bosch will process personal information provided to Bosch by you.

3.6. You must obey all applicable laws, traffic rules, and traffic regulations governing the operation of your vehicle and use of the Products. You may not access and/or use any Service or Products in a manner that violates any such laws, rules, or regulations (for example, and not as a limitation of these Terms, use which obstructs your view of the road or safe operation of your vehicle). Without limiting the foregoing, it is your sole responsibility to exercise discretion and observe all safety measures required by law, traffic rules, and traffic regulations while accessing and/or using the Products and Services. Access to and/or use of the Products and Services are at your sole risk and your sole responsibility, and the Products and Services should be accessed and/or used only when you can safely operate them.

3.7. From time to time, Bosch may (but is not required to) develop upgrades, updates, patches, bug fixes and other modifications to improve the performance or compatibility of the Products and Services (“Updates”). You acknowledge and agree that Updates (i) will either be manually installed by you upon receiving a notification from Bosch or (ii) automatically installed on Products and/or Services without providing any additional notice to or receiving any additional consent from you. You acknowledge that you may be required to install Updates to use the Products and/or Services 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 and/or provided by Bosch.

3.8. If you are no longer in possession of the Products (e.g., due to sale or transfer) you are no longer entitled to use the Services and must remove the Products from your account.

3.9. It is your responsibility to install the Products in strict accordance with the instructions, manuals, and specifications made available to you. IF THE PRODUCTS ARE NOT PROPERLY INSTALLED, THE PRODUCTS AND SERVICES MAY NOT FUNCTION PROPERLY AND BOSCH SHALL NOT BE RESPONSIBLE NOR LIABLE.

3.10. You understand and agree that any customer service and any customer care and support offered or provided by Bosch (including the Safety Call or Silent Alarm feature) is not a 911 service or any other emergency service. IF YOU HAVE ANY EMERGENCY, YOU SHOULD IMMEDIATELY DIAL 911 TO CALL THE POLICE, FIRE DEPARTMENT, OR CONTACT ANY OTHER APPROPRIATE EMERGENCY RESPONSE SERVICE.

4. Availability and Limitations

4.1. Bosch does not guarantee that the Products and Services are reliable or available 100% of the time. The Products and Services are subject to sporadic interruptions and failures for a variety of reasons beyond Bosch’s reasonable control, including Wi-Fi intermittency, internet connection or connectivity, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Bosch is not responsible for any damages allegedly caused by the failure or delay of the Products and/or Services.

4.2. You acknowledge that Bosch may disable your access to the Services and/or User Content for (a) continued non-payment of Services and/or (b) termination of these Terms for any reason.

4.3. Any delay in the availability of the Products and/or Services or non-performance of the Products and/or Services shall not be deemed a breach of these Terms by Bosch if such delay or non-performance is caused by a fire, earthquake, extreme weather, flood, war, terrorist act, government act/order/regulation/restriction, explosion, failure of common carriers (including telecommunication or internet service providers), labor strike or walk-out, cyber-attack, pandemic or epidemic, act of God, or any other event beyond the reasonable control of Bosch or its service providers.

5. User Account

5.1. You will be required to create an account to use the Services. You:

  • must provide accurate and complete information, and update that information so it remains accurate and complete;
  • are solely responsible for any activity on your account;
  • must keep your account and password secure and not disclose your credentials to anyone; and
  • must notify us immediately of any breach of security or unauthorized use of your account using our contact information provided in the “corporation information” section on our Website.

5.2. Registration for the user account will take place via Bosch’s external provider. Additional terms of use apply between you and the third party provider, and you are responsible for understanding, agreeing to and complying with those terms and conditions.

5.3. Each natural person is only allowed to register once with one account. Accounts are not transferable.

5.4. Use of the Products and Services are solely for your personal use. Bosch will not be liable for any losses resulting from unauthorized access to or use of the Products and Services or your account. On the other hand, you may be liable to Bosch or other parties due to such unauthorized access or use.

6. Data Protection; Privacy

6.1. Bosch collects, uses, and shares information from and about you and your use of the Products and Services. All information on the processing of your information can be found in the Bosch Privacy Notice on the Website, which can be found on the Website. You consent to the collection, use, and sharing of information described in the Privacy Notice and in any revisions to the Privacy Notice, which may be modified as described in that document. If you sell, transfer, lease or dispose of the Products, you are solely responsible for deleting information about you contained in the Products, or in your related account.

6.2. Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of Bosch, to ensure that you comply with all applicable laws when you use the Products and Services, including but not limited to: · any laws or regulations relating to the recording or sharing of video or audio content, and/or · any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products and Services (for example, laws or regulations requiring you to display appropriate signage advising others that audio/visual recording is taking place), and/or For your convenience, recording notice decals or stickers are included in the Product’s packaging for affixing to your vehicle.

6.3. By purchasing or using the Products and Services, you (i) consent to the interception, recording, retrieving, reviewing, copying, disclosing and using, for purposes of providing the Services, the contents of all phone, video, wire, oral, electronic and other forms of transmission or communication to which you are a party; (ii) grant Bosch the right, without any compensation or obligation to you, to access and use your data for the purposes of providing Services to you, improving the Products and Services, developing new products and services, and as otherwise set forth in the Privacy Notice; and (iii) acknowledge and agree that Bosch may access, use, preserve and/or disclose your data and Content (defined below) to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to:

  • comply with any applicable law, regulation, legal process or reasonable preservation request;
  • enforce the terms and conditions of this Agreement, including investigation of any potential violation thereof;
  • detect, prevent or otherwise address security, fraud or technical issues; or
  • protect the rights, property or safety of Bosch, its users, a third party, or the public as required or permitted by law.

7. User Content

7.1. You are solely responsible for any and all audio, video, images, text, or other types of content captured by the Products or provided to us by you in connection with the Products and Services (collectively, “Content”).

7.2. You further represent, warrant, and agree that you will not capture, transmit, or contribute any Content or otherwise use the Products and Services in a manner that:

  • infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
  • violates any law, statute, ordinance or regulation;
  • is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, or otherwise objectionable;
  • impersonates any person or entity, including without limitation any employee or representative of Bosch;
  • contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program;
  • jeopardizes the security of your account or anyone else’s account (such as allowing someone else to log in to the Services as you);
  • attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • violates the security of any computer network, or cracks any passwords or security encryption codes;
  • runs Maillist, Listserv, or any form of auto-responder or “spam” on the Portal, Website, or any processes that otherwise interfere with the proper working of the Services; or
  • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services.

7.3. You remain the owner of your Content. By submitting Content through the Services, you grant Bosch and its licensees an unlimited, worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, fee-free and royalty-free, perpetual, irrevocable right to use, store, delete, translate, reformat, copy, modify, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform such Content in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or the provider of the Content. For clarity, the foregoing license granted to Bosch does not affect your ownership of or right to grant additional licenses to the material in your Content, unless otherwise agreed in writing. Deleted Content may be stored by Bosch in order to comply with certain legal obligations and are not retrievable without a valid court order.

7.4. Bosch may terminate your access to the Service and/or remove any Content if Bosch has any reason to believe that your use of the Services, including any Content, violate these Terms or infringe the copyright, trademark, or other intellectual property rights of Bosch or any other party.

8. Intellectual Property

8.1. The Products and Services including all software, data, materials, and content provided with the Products and Services are protected by United States and international copyright laws and other intellectual property rights, including patent and trademark rights. You acknowledge these intellectual property rights are owned by Bosch, its affiliates or our licensors. Your possession, access, and use of the Products and/or Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

8.2. Any trademarks, logos, and service marks (collectively “Marks”) displayed in connection with the Products and Services are the registered and/or unregistered trademarks of Bosch or other third parties. Nothing contained in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use or display any Mark or any variation thereof without the written permission of Bosch or the other owner thereof. Your use of Bosch’s Marks is strictly prohibited.

9. Third-Party Content or Services

9.1. Certain third-party services or applications you download, that are pre-installed, or which you may sign up for may have separate user terms and privacy statements.  We recommend that you carefully review the user terms and privacy statement of each third-party service or application before using that service or application. You are responsible for any costs associated with these third party services or applications and for compliance with the applicable terms and conditions.

9.2. Bosch does not check third-party contents or services for completeness, correctness and legality and does not claim ownership of them. In particular, Bosch does not review the security aspects in connection with third-party contents or services. Therefore, Bosch does not guarantee the completeness, correctness, lawfulness and up-to-date status of third-party contents or services. This also applies (without limitation) with regard to the quality of the third-party contents or services and their suitability for a specific purpose.

9.3. Bosch reserves the right, at its own discretion, to investigate indications of violations of these Terms or any possible illegality of individual third-party contents or services (or parts thereof) and, if necessary, take appropriate action to resolve this situation.

10. Prohibited / Unauthorized Use

10.1. The Products and Services are intended exclusively for personal use by the User. Any use for or in connection with commercial purposes is prohibited, unless such use has been expressly permitted in writing by Bosch. Unauthorized commercial use includes in particular:

  • shared use of the Services by third parties;
  • offers, solicitations and implementation of activities with a commercial background such as competitions, raffles, barter transactions, advertisements or pyramid schemes;
  • “frame,” “mirror,” or resell any part of the Services; or
  • harvest or collect information about other users.

10.2. You are prohibited from any activity on the Portal and in connection with the use of the Products and Services that violates these Terms, applicable law or morality. In particular, you undertake to comply with applicable law (e.g. criminal law, competition law and law for the protection of minors) and not to infringe the rights of third parties (e.g. name, trademark, copyright, image and data protection rights).

10.3. You are also prohibited from any action that may impair the operation of Portal as well as the Services and the technical infrastructure it is based on. These include in particular:

  • the transmission of content that contains viruses, worms, malware, Trojans or other contaminating or destructive properties;
  • the use of any software, scripts or databases in connection with the use the Services;
  • to automatically read, block, overwrite, modify, copy any data and/or other content, except to the extent necessary to make proper use of the Services;
  • decipher, decompile, disassemble, reconstruct or otherwise attempt to discover the source code, any software or proprietary algorithms used, except to the extent permitted by mandatory, non-obligatory regulations.

Should you become aware of any illegal, abusive or otherwise unauthorised use of the Services that is contrary to the Terms, you can contact helpdesk.ridecare.us@bosch.com by e-mail. Bosch shall thereupon investigate the case in question and take appropriate measures as needed.

ANY ATTEMPT BY ANY USER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE SERVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICES IS A VIOLATION OF THIS AGREEMENT. BOSCH RESERVES THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO TAKE ALL SUCH ACTIONS AGAINST AND OBTAIN SUCH REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. BOSCH RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION ABOUT YOU, INCLUDING YOUR ACCOUNT AND ACCESS TO AND USE OF YOUR ACCOUNT, TO LAW ENFORCEMENT AS NECESSARY TO ENFORCE THIS AGREEMENT, TO COMPLY WITH ANY COURT ORDER, OR AS PERMITTED IN THE PRIVACY STATEMENT.

11. Payment

11.1. Payment for the Products and Services are handled by Bosch’s authorized third-party reseller, Gridwise. After your initial purchase, you will be automatically charged monthly for the Services. You hereby authorize Gridwise to charge your credit card, debit card, or other payment instrument for the Products and/or Services. Additional terms of use apply between you and Gridwise, and you are responsible for understanding, agreeing to and complying with those terms and conditions.

11.2. You understand and agree that access and use of the Products and Services requires an active and current paid subscription. After conclusion or termination of a subscription, you will have limited access and use of the Products and/or Services and Content, refer to termination section below.

12. Refunds / Returns

If, for any reason, you decide to return the Products for a refund, you must initiate the return through your Gridwise account where you purchased the Product, and initiate the return of the Product to us within thirty (30) days from the date the Product was delivered. Product must be in like-new condition. You are permitted to make one return or exchange per account. At our discretion, we may decline your return or charge you a fee for a missing item, or for items that we determine are damaged or require service.

13. Cancellation; Termination

13.1. This Agreement applies from the date of your acceptance until the Services are cancelled or terminated by you or Bosch as permitted in this Agreement.

13.2. You may cancel the Services at any time. To cancel the Service, please log into your Gridwise account in the Gridwise store and go to your account details. The Services remain active until the end of the current billing cycle. We will not refund any unused whole months and remaining days of Services that you have paid in advance. You will not be entitled to any other refunds for the Services. If you cancel the Services and later wish to reactivate the Services, you may be required to pay reactivation fees.

13.3. In addition to the above, to the extent permitted by law, we reserve the right to terminate your access or use of the Services and this Agreement, at any time and with or without notice, in the event Bosch (in its sole judgment) deems you have violated this Agreement, including without limitation:

  • you breach these Terms;
  • you violate legal rules or regulations; or
  • you are in default with respect to the payment of fees for the Services.

Termination under this section by Bosch is not an exclusive remedy and all other remedies will be available to Bosch in equity and in law.

13.4. Effect of Termination

13.4.1. Upon termination or expiration of this Agreement, you must immediately stop using the Services and any license to software is automatically and immediately terminated. All provisions of this Agreement which by their nature survive termination or expiration, shall survive termination or expiration of this Agreement.

13.4.2. Upon termination or expiration of this Agreement, Bosch is entitled to irretrievably delete the data created in connection with the Account after 30 calendar days after the termination takes effect and after any statutory retention periods have expired. Precedence shall be given to complying with the regulations governing personal data, which may stipulate shorter periods for data erasure. It is your sole responsibility to export and save any data and Content before termination of the Agreement or expiration of the aforementioned period.

14. LIMITED PRODUCT WARRANTY; WARRANTY DISCLAIMERS

14.1. BOSCH WARRANTS THE PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER ORDINARY CONSUMER USE FOR ONE YEAR FROM THE DATE OF ORIGINAL PURCHASE. DURING THIS WARRANTY PERIOD, IF A DEFECT ARISES IN THE PRODUCTS, AND YOU FOLLOW THE INSTRUCTIONS FOR RETURNING THE PRODUCTS, WE WILL AT OUR OPTION, TO THE EXTENT PERMITTED BY LAW, EITHER (I) REPAIR THE PRODUCTS USING EITHER NEW OR REFURBISHED PARTS, (II) REPLACE THE PRODUCTS WITH A NEW OR REFURBISHED PRODUCTS THAT IS EQUIVALENT TO THE PRODUCTS TO BE REPLACED, OR (III) REFUND TO YOU ALL OR PART OF THE PURCHASE PRICE OF THE PRODUCTS. THIS LIMITED WARRANTY APPLIES, TO THE EXTENT PERMITTED BY LAW, TO ANY REPAIR, REPLACEMENT PART OR REPLACEMENT DEVICE FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR FOR NINETY DAYS, WHICHEVER PERIOD IS LONGER. ALL REPLACED PARTS AND PRODUCTS FOR WHICH A REFUND IS GIVEN SHALL BECOME OUR PROPERTY. THIS LIMITED WARRANTY APPLIES ONLY TO HARDWARE COMPONENTS OF THE PRODUCTS THAT ARE NOT SUBJECT TO ACCIDENT, MISUSE, NEGLECT, FIRE OR DAMAGE FROM OTHER EXTERNAL CAUSES, ALTERATION, OR REPAIR. THIS LIMITED WARRANTY EXCLUDES THE BATTERY DUE TO LACK OF BATTERY MAINTENANCE, OVER-CHARGING, UNDER-CHARING, ABUSE OR NEGLECT, ETC. FOR WARRANTY SERVICE, PLEASE CONTACT THE SUPPORT HOTLINE IN THE DRIVER PORTAL OR USER MANUAL.

14.2. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND BOSCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THESE TERMS.

14.3. BOSCH DOES NOT WARRANT THAT THE PRODUCTS, SERVICES, THIRD-PARTY SERVICES OR ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODUCTS AND SERVICES: (A) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) WILL WORK WITH ANY ASSOCIATED EQUIPMENT, DEVICES, SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES; (C) WILL DELIVER RESULTS THAT ARE INTENDED, ACCURATE OR RELIABLE; (D) WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE; OR (E) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

14.4. BOSCH WILL NOT BE LIABLE FOR ANY LOSSES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, EAVESDROPPERS, HACKERS, INTERCEPTORS, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE DAMAGE YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS OR ANY OTHER MATERIALS DUE TO USE OF THE PRODUCT AND SERVICES OR THE ACCESSING OR DOWNLOADING OF ANY MATERIAL AVAILABLE THROUGH PRODUCTS, SERVICES, OR THIRD-PARTY SERVICES.

14.5. NOTWITHSTANDING ANY OTHER PROVISION IN THE TERMS OF USE AND WITHOUT LIMITATION OF ANY OF BOSCH’S OTHER DISCLAIMERS HEREIN, BOSCH WILL NOT BE RESPONSIBLE FOR FAILURE TO PROVIDE ACCESS TO THE PRODUCTS OR SERVICES TO THE EXTENT THAT SUCH FAILURE IS THE RESULT OF THE ACT OR OMISSION OF THE USER, INCLUDING TO THE EXTENT THAT ANY MALFUNCTION OF THE PRODUCTS OR SERVICES IS THE RESULT OF MISUSE, ABUSE, VANDALISM, NEGLECT IMPROPER INSTALLATION OR APPLICATION, ALTERATION, ACCIDENT OR NEGLIGENCE IN THE USE, STORAGE, TRANSPORTATION, OR HANDLING OF THE ASSOCIATED EQUIPMENT.

14.6. EVEN IF THE PRODUCTS OR SERVICES ARE TESTED AND THE ASSOCIATED EQUIPMENT ARE OPERATING IN ACCORDANCE WITH SPECIFICATIONS, THERE CAN BE NO GUARANTEE THAT THE PRODUCTS OR SERVICES WILL NOT BE COMPROMISED OR CIRCUMVENTED OR THAT THE PRODUCTS OR SERVICES WILL PROVIDE ADEQUATE WARNING IN ANY GIVEN SITUATION, OR THAT THE PRODUCTS OR SERVICES WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS FAILURE.

14.7. YOU ACKNOWLEDGE AND AGREE THAT THE PRODUCTS AND SERVICES, WHETHER STANDING ALONE OR WHEN INTERFACED WITH THIRD-PARTY PRODUCT OR SERVICES ARE NOT CERTIFIED FOR EMERGENCY RESPONSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOSCH PERSONS ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS OR FAILURES IN THE TRANSMISSION OF DATA, ANY COMPUTER VIRUS, ACTS OR OMISSIONS OF THIRD PARTIES THAT DAMAGE THE NETWORK OR IMPAIR WIRELESS SERVICE, DAMAGE OR INJURY CAUSED BY A FAILURE OR DELAY IN CONNECTING A CALL TO ANY ENTITY, INCLUDING 911, OR ANY OTHER EMERGENCY SERVICE, OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

15. EXCLUSION AND LIMITATIONS OF LIABILITY

15.1. EXCEPT FOR BOSCH’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BOSCH BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH: (A) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (B) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (C) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (D) ANY PERSONAL OR BODILY INJURY, DEATH, PROPERTY DAMAGE; (E) ANY INTERRUPTION, DELAY, FAILURE, DISRUPTION, DOWNTIME, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF THE APP OR SERVICES; (F) ANY THIRD PARTY PRODUCTS AND SERVICES; (G) ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS RELATED TO USE OF OR ACCESS TO THE PRODUCTS OR SERVICES; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; COST OF REPLACEMENT OR RESTORATION OF ANY COMPROMISED CONTENT; OR (H) ANY ERRORS OR OMISSIONS IN ANY CONTENT, FOR USE OF OR EXPOSURE TO ANY CONTENT POSTED, OR IN CONNECTION WITH THE ACCURACY, NON-INFRINGEMENT, LEGALITY, SECURITY OR DECENCY OF CONTENT, WHETHER ACCESSED, TRANSMITTED, STORED OR OTHERWISE MADE AVAILABLE VIA THE APP OR SERVICES. THE FOREGOING EXCLUSIONS COVER LOSSES OCCURRING BY ANY MEANS OR MANNER, AND BOSCH SHALL NOT BE LIABLE FOR SUCH LOSSES, EVEN IF BOSCH KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES.

15.2. BOSCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCTS, SERVICES, THIRD-PARTY PRODUCTS AND SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODUCTS, SERVICES OR THIRD-PARTY PRODUCTS AND SERVICES, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT BOSCH IS FOUND LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES OR EXPENSES IN CONNECTION WITH THIS AGREEMENT, THE PRODUCTS, OR THE SERVICES, AND TO THE EXTENT ALLOWED BY LAW AND UNLESS PROHIBITED BY LAW, YOU AGREE THAT BOSCH’S MAXIMUM AGGREGATE LIABILITY SHALL BE NO GREATER THAN $100.00. THESE LIMITS AND EXCLUSIONS APPLY EVEN IF BOSCH KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES AND WHETHER ARISING BASED ON NEGLIGENCE, TORT, OR BREACH OF CONTRACT. THESE LIMITATIONS SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT AND APPLY TO ANYONE USING THE PRODUCTS OR SERVICES OR MAKING A CLAIM ON YOUR BEHALF.

15.3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, IN WHICH CASE BOSCH’S WARRANTIES AND LIABILITIES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

16. Indemnity

In consideration of Bosch’s provision of Services to you and the rights granted herein, to the maximum extent allowable by law and unless prohibited by law, you agree to indemnify Bosch, its affiliates, services providers, licensors, and contractors, and their respective employees, officers, directors, and agents (collectively “Bosch Persons”) and hold harmless Bosch Persons from and against any and all losses, damages, injuries, causes of action, liabilities, claims, penalties, interest, demands, and expenses (including costs and attorneys’ fees) of any kind or nature by any third party against any Bosch Persons arising out of or resulting from: (i) your access to or use of the Products or Services, (ii) your violation of the terms and conditions of this Agreement, (iii) any Content you provide; (iv) the representations or warranties you made under this Agreement; (v) any activity by anyone conducted through your account; (iv) your violation of any law or the rights of any third party. Bosch reserves the right (but is not required to), at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bosch Persons and you agree to cooperate with Bosch’s defense of such claims.

17. Feedback

We welcome feedback regarding the Products and Services. Any information and materials that you submit in connection with this Agreement (“Feedback”) is, unless otherwise provided in the Privacy Notice, not considered confidential by Bosch and Bosch has no obligation to keep the information or materials confidential or to return or destroy any Feedback. Your Feedback is submitted voluntarily and without restriction, and Bosch is free to use, reproduce, modify, distribute, display, perform, broadcast, sublicense and disclose any Feedback in any manner, in any form or medium, whether now known or hereafter developed, without any obligation, express or implied, to you, without any notification, payment or attribution to you.

18. Governing Law and Exclusive Venue

The Agreement, and all disputes between the Parties arising out of or related thereto shall be governed by the laws of the State of Michigan except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply.

19. Arbitration & Waiver of Class Action

19.1. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND BOSCH (COLLECTIVELY, THE “PARTIES”) AGREE THAT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES, CLAIMS, OR CONTROVERSIES BETWEEN THE PARTIES (OR THEIR REPRESENTATIVES, SUCCESSORS, OR INSURERS) WILL BE RESOLVED ON AN INDIVIDUAL BASIS IN ARBITRATION AS SET FORTH BELOW. The Parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Any and all disputes, controversies, differences, or claims arising out of or relating to these Terms (including the formation, existence, validity, interpretation (including of this Arbitration clause), breach or termination thereof) shall be resolved exclusively through binding arbitration, except that either Party shall have the right, at its option, to seek interim injunctive relief at any time, under seal to maintain confidentiality to the extent permitted by law, (i) in either the Michigan Circuit Court for the County of Oakland or the United States Court for the Eastern District of Michigan, or (ii) pursuant to the American Arbitration Association (“AAA”) Commercial Arbitration Rules. A request by a Party to a court of competent jurisdiction for such interim measures shall not be deemed incompatible with, or a waiver of, this agreement to arbitrate. The Parties agree that any ruling by the arbitration tribunal on interim measures shall be deemed to be a final award for purposes of enforcement. The arbitration proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the AAA as amended from time to time, except as modified by this clause or by mutual agreement of the Parties, and shall be governed by the United States Federal Arbitration Act. Within 14 days after the commencement of arbitration, each Party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by the Parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. The arbitration shall be conducted in Detroit, Michigan, USA, and the language of the arbitration shall be English. The arbitrators’ award shall be final and binding. The arbitrators shall issue a written opinion setting forth the basis for the arbitrators’ decision. The written opinion may be issued separately from the award, in the arbitrators’ discretion. Each Party shall bear its own attorney fees and costs, and each Party shall bear one half the cost of the arbitration hearing fees and the cost of the arbitrator, unless the arbitrators find the claims or defenses to have been frivolous or harassing, in which case fees and costs may be assessed in the arbitrators’ discretion. Either Party may apply to have the arbitration award confirmed and a court judgment entered upon it. Venue for confirmation of or any challenge to the Arbitration Award shall be in either the Michigan Circuit Court for the County of Oakland or the United States Court for the Eastern District of Michigan and shall be done under seal to maintain confidentiality to the maximum extent permitted by law. The arbitrators shall have no authority to award punitive damages or any other damages excluded herein, to the maximum extent permitted by law. Except as may be required by law, neither a Party, its counsel, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties.

19.2. THE PARTIES AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless the Parties agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver provision is deemed unenforceable, the Parties agree that the entirety of this ADR Agreement will be null and void.

19.3. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT, THEN YOU MUST NOTIFY BOSCH IN WRITING WITHIN 60 DAYS OF THE DATE THAT YOU PURCHASE THE PRODUCTS, REGISTER OR ACCESS THE SERVICES. Your written notification must include your name, address, the date you acquired the Bosch product, and a clear statement that you wish to opt out of the Arbitration Agreement. You must mail the notification to Robert Bosch LLC, 15000 N. Haggerty Road, Plymouth, MI 48170 USA, Attention: RideCare companion (XC Cross Domain Computing). Any opt-out postmarked more than 60 days after you created your Account will not be valid. Please retain a copy of the opt-out notice for your records. Exercising this opt-out right will not affect your ability to use the Products, Services, or the applicability of the Warranty Disclaimer.

20. Amendment of the Terms of Service

Bosch may change these Terms in its sole discretion at any time. When accessing the Products or Portal, you may be invited to review and accept material changes to these Terms. Your continued access to and use of Products or Services after we make changes is deemed to be acceptance of those changes, whether or not you have actually reviewed them. Bosch is not responsible for notifying you of changes to these Terms. Please check the Website or Portal periodically for updates.

21. Changes to Services

Bosch reserves the right to change, supplement or discontinue the Services at any time or to limit the use of the Services for a limited period of time. The User has no right to retain certain Services or parts thereof. Bosch will make every effort to take into account the legitimate interests of the User.

22. Miscellaneous Provisions

22.1. Detailed information about Bosch and contact information can be found in the “Corporate Information” page on the Website.

22.2. This Agreement is the entire agreement between the parties with respect to its subject matter, and there are no other representations, understandings or agreements between the parties relative to such subject matter. You cannot change this Agreement unless Bosch agrees in writing to the change.

22.3. This Agreement, and all rights and licenses granted hereunder, may not be transferred or assigned by you without Bosch’s prior written consent, and any attempted assignment by you will be null and void. Bosch in its sole discretion may assign or transfer this Agreement with or without notice to you.

22.4. Provisions that, by their nature, should survive termination of this Agreement shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.

22.5. Nothing contained in this Agreement will be construed to make either you or Bosch partners, joint venturers, principals, agents, or employees of the other. Neither party has any right, power or authority, express or implied, to bind the other. Except for permitted subcontractors and assignees, there are no third-party beneficiaries to this Agreement.

22.6. Notices delivered to Bosch by User must be made in writing.

22.7. If any provision of this Agreement is deemed invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of the remaining provisions, which will remain in full force and effect.