Dated: July 2024
1.1. These Terms of Use („Terms of Use") apply to the use of OfficeOn ("OfficeOn"), a service provided by Robert Bosch Power Tools GmbH, 70538 Stuttgart, Germany ("Provider"), by registered customers ("Customer"). Detailed information on the Provider is provided in the corporate information.
1.2. The Provider operates OfficeOn exclusively for commercial customers and does not accept consumers (within the meaning of section 13 of the German Civil Code "BGB") as Customers.
1.3. Terms and conditions of the Customer or third parties that deviate from or contradict these Terms of Use shall not apply, even if the Provider does not expressly object to these terms and conditions.
1.4. Individual agreements with the Customer (including ancillary agreements, supplements and amendments) shall in any case take precedence over these Terms of Use.
2.1 Upon completion of the registration process by the Customer and activation of a Customer account by the Provider, a contract of use is concluded between the Provider and the Customer ("Contract of Use").
2.2 The Customer, if a natural person, warrants that he/she is capable of lawfully entering into contracts (e.g. is not a minor). If a person concludes this Contract of Use as a representative of a legal entity, e.g. the company for which the Customer works, this person assures the Provider that the legal entity is properly organized in accordance with the laws of the country in which it is incorporated or registered and that the Customer is authorized to represent the legal entity.
2.3 After concluding the Contract of Use, the Customer can use or order various services, functionalities or products, namely:
a) Paid functionalities that are made available to the Customer by the Provider for use on OfficeOn ("Services");
b) Paid products, such as software, software functionalities, services, work services, combinations of the above (bundles) or any other product ("Products");
c) Products offered by affiliated companies of the Provider or third parties ("Partners") ("Partner Products").
3.1 The Products and Services available via OfficeOn include, for example, software functionalities, data, contributions, image and sound documents, information and other content ("Content").
3.2 The type and scope of the Products and Services provided, as well as details of their technical requirements and availability, can be found in the respective service description.
3.3 Access to OfficeOn and the Products and Services is either browser-based via a domain ("Web App"), as an app for use on compatible mobile devices such as smartphones or tablets ("Mobile App") or via special, compatible hardware ("Hardware"), at the Provider's discretion. Individual functionalities may be restricted depending on the access option.
3.4 Availability: The Provider endeavours to ensure that the Service is as free as possible from interuption within the scope of its technical and opertational possibilities, but there is no entitlement to uninterupted use. No guarantee is given that access to or use of Products and Services will not be interrupted or impaired by maintenance work, further developments or other disruptions.
4.1 The access to OfficeOn and the use of the Products and Services require a Customer account, which the Provider shall make available to the Customer (see section 5).
4.2 The Customer is responsible for creating and maintaining the technical requirements necessary for the contractual use of the Products and Services (in particular the necessary Hardware, web browser, mobile device, internet access).
4.3 OfficeOn Products and Services are offered in two versions:
4.3.1 In order to use the Mobile App, the Customer must download and install the app on its smartphone or tablet. The Mobile App is available for Android and iOS and must be installed via the respective app store. Details on technical requirements, functionalities and operating instructions can be found in the respective app store. The operating instructions serve only to describe the Service and contain neither quality agreements nor guarantees.
4.3.2 In order to use the Web App, the Customer must have the latest version of a standard browser (e.g. Safari, Mozilla Firefox, Google Chrome; however, access via Internet Explorer is not fully supported).
4.4 Some Products and Services may require special, compatible Hardware, which must be linked to the Mobile App/Web App and the Customer account. Please refer to the Service description to find out what these are. If the Customer is no longer authorized to use the Hardware (e.g. due to sale), he/she is obliged to disconnect the Hardware immediately.
5.1 Registration requires the use of an authentication service (e.g. SingleKey ID, Apple ID, Google account). Separate contractual conditions apply for this, which the Customer must accept separately during registration for the authentication service.
5.2 During the registration process, the Customer may be asked to provide personal information, e.g. name, address, e-mail address ("Registration Data"). This Registration Data must be complete and correct and must be kept up to date at all times. The registration of a legal entity may only be carried out by an authorized natural person, who must be named.
5.3 In order to complete the registration process and submit the Registration Data, it is necessary for the Customer to agree to the validity of these Terms of Use.
5.4 By submitting the Registration Data, the Customer submits an offer to the Provider to enter into the Contract of Use on the basis of these Terms of Use. The Provider accepts the Customer's offer by activating the Customer account.
5.5 The Provider reserves the right to verify the Customer's identity immediately after sending the Registration Data or at a later date, for example by clicking an activation link sent to the Customer's e-mail address or by entering a code sent to the Customer's mobile phone number. As long as the Customer has not provided the required verification, the Customer account remains blocked. If the registration is not completed in full, the Provider reserves the right to delete the incomplete registered Customer account.
5.6 There is no entitlement to registration. The Provider may reject a registration within a reasonable period of time and without giving reasons.
5.7 Each natural person is only permitted to register once with a Customer's account. Customer accounts are not transferable.
5.8 If available, the Customer is entitled to create several users under his/her Customer account. Each user shall be provided with individual access data, which can be linked to an authentication service. The Customer guarantees that all users will comply with these Terms of Use in their respective applicable version and that all users will act on behalf of the Customer and in accordance with the applicable law and that all users will also be informed of the data protection notices. By setting up a user, all actions of the user are attributed to the Customer.
5.9 The Customer is obliged to handle its access data with care, not to disclose it to third parties and/or not to allow third parties to access the Customer account by circumventing the access data. The Customer shall be liable for all activities that take place using his/her Customer account unless the Customer is not responsible for them. The Customer shall change his/her password for its Customer account immediately if he/she has reason to believe that the access data may have become known to unauthorized persons.
6.1 Where available, the Customer can order Products and Services via the Web App. For this purpose, it may be necessary for the Customer to provide further data, such as credit card information, VAT identification number, in order to create a billing profile.
6.2 The ordering of Products and Services is subject to separate contractual terms and conditions, which are provided by the Provider during the ordering process.
6.3 As part of the ordering process, the Customer is informed of the key features of the Product, the prices, the payment and delivery conditions, terms, notice periods and other details ("Product Information").
6.4 The presentation of a Product or Service is not a binding offer by the Provider, but merely an invitation to place orders. The contractual relationship for the Product is concluded as soon as the Provider accepts the Customer's offer. Acceptance may be expressed, e.g. by means of a contract confirmation by e-mail, or implied by delivery or provision of the Product.
6.5 The following legal regulations on general obligations in electronic business transactions do not apply when ordering a Product:
a) Provision of appropriate, effective and accessible technical means by which the Customer can recognize and correct input errors before submitting his/her order;
b) The clear and comprehensible communication of the information specified in Article 246c of the Introductory Act to the German Civil Code in good time before placing an order;
c) Immediate confirmation of receipt of the Customer's order by electronic means.
6.6 The contract text (consisting of the Product Information, the Terms of Use and, if applicable, the Product/Service description) will be sent to the Customer on a durable medium (e.g. e-mail).
6.7 The Provider may also offer Products free of charge on a trial basis for a certain period of time ("Trial Subscription"). The Trial Subscription expires automatically and does not have to be cancelled separately by the Customer.
7.1 OfficeOn may offer the Customer the option of ordering free or paid Partner Products from Partners. Orders placed by the Customer for Partner Products shall be forwarded to the Partners on the Customer's behalf.
7.2 The contract for the respective Partner Products booked is concluded directly and exclusively between the Customer and the respective Partner. The Provider does not become a contractual partner of the Customer and assumes no responsibility for a contract concluded with a Partner via OfficeOn. The Provider is also not a representative of the Partner. In relation to the Customer, the Partner is solely responsible for the provision of its services and for any complaints from the Customer, even if the Provider, as the operator of OfficeOn, assumes individual obligations as the Partner's vicarious agent. This shall not give rise to any contractual claims of the Customer against the Provider. The Provider accepts no liability for the accuracy and completeness of the information and statements made by the Partner.
7.3 Payment for Partner Products is made directly to the Partner.
8.1 The Provider may enable the Customer to post, upload, save, create, share, send or display its own Content ("Customer Content") and make it available to third parties ("Transmission"), in compliance with the following provisions.
8.2 The Customer undertakes not to transmit any Customer Content that violates the Terms of Use, applicable law or common decency or infringes the rights of third parties in terms of Content, form, design or in any other way.
8.3 The Provider may stipulate rules of conduct for the Transmission of Customer Content and for communication and interaction with other Customers.
8.4 By transmitting Customer Content, the Customer grants the Provider a simple, irrevocable right of use to the Customer Content, unlimited in terms of territory and Content, transferable to third parties and free of charge, for the purposes of providing OfficeOn and the Products and Services offered via OfficeOn. This includes in particular the right of reproduction, the right of distribution and the right of public communication, in particular the right of making it available to the public. The Customer remains the owner of his/her Customer Content.
8.5 The Customer waives the right to be named as the author.
8.6 Insofar as the Provider expressly offers the option of removing transmitted Customer Content, the proprietary right of use and exploitation granted above shall expire upon deletion of the Customer Content. However, the Provider shall remain entitled to retain copies made for backup and/or verification purposes in compliance with data protection regulations.
8.7 The Customer is responsible for the Customer Content posted by him/her. The Provider does not check the Customer Content for completeness, correctness, legality, topicality, quality and suitability for a specific purpose.
8.8 The Provider is entitled to refuse the posting of Customer Content and/or to edit, block or remove Customer Content that has already been posted without prior notice if the posting of Customer Content by the Customer or the posted Customer Content itself violates the Terms of Use, applicable law or common decency or infringes the rights of third parties. The Provider shall consider the legitimate interests of the Customer and choose the mildest means of defence against an infringement. The Provider will inform the Customer of this measure by e-mail.
9.1 All rights to the Provider's Products and Services and its Content ("OfficeOn Content") are the exclusive property of the Provider or its licensors and are protected by copyright or other intellectual property rights. The compilation of OfficeOn Content is also protected by copyright as such.
9.2 The OfficeOn Content may only be accessed and displayed online for the Customer's own purposes during the term of the Contract of Use. The Customer is prohibited from reproducing, distributing and/or publishing OfficeOn Content.
9.3 If OfficeOn is used in the context of a commercial or professional activity, the Customer may only use the OfficeOn Content available via OfficeOn for its own internal business purposes. Any other commercial use of the available OfficeOn Content is prohibited (see also section 11).
10.1 OfficeOn and the Products and Services may contain links to Content that is not provided exclusively by the Provider, but by Customers, Partners or other third parties (collectively referred to as "Third-Party Content").
10.2 This may also include the possibility of connecting the Customer account or the Services with Third-Party Content that is part of an application offered externally by a third party (e.g. a third-party app) ("Third-Party Services"). If the Customer makes use of Third-Party Services, the Customer is responsible for the associated costs and the compliance with the terms and conditions applicable to the Third-Party Services.
10.3 The Provider does not check Third-Party Content and Third-Party Services for completeness, accuracy and legality and does not adopt them as its own. In particular, the Provider does not check the security aspects in connection with Third-Party Content and Third-Party Services. Therefore, the Provider assumes no liability for the completeness, accuracy, legality and topicality of Third-Party Content and Third-Party Services. This also applies regarding the quality of the Third-Party Content and Third-Party Services and their suitability for a specific purpose, and insofar as such relates to Third-Party Content on linked external websites, which may be viewed by means of framing.
10.4 The Provider will, at its own discretion, investigate justified indications of violations of these Terms of Use or any illegality of individual Third-Party Content or Third-Party Services (or parts thereof) and, if necessary, take appropriate measures to remedy the situation. In particular, the Provider will remove illegal Third-Party Content immediately as soon as the Provider becomes aware of its illegality and insofar as this is technically possible.
11.1 The Provider points out that OfficeOn must be in compliance with applicable law and these Terms of Use.
It is not permitted to implement contributions, activities and actions relating to the Content defined below. These activities can be categorized as follows: Content that is unlawful, that incites or glorifies violence or criminal behaviour (e.g. Content that promotes or supports dangerous organizations), that endangers the safety of people (e.g. threats, insults, harassment or bullying), that is offensive (e.g. hate speech, racism, discrimination, pornography), that is not authentic (e.g. misinformation or fake profiles), or that may harm minors in any way or that violates the intellectual property of others.
11.2 The Provider uses moderation teams to identify and take action against Content and accounts that violate these regulations. Content that violates the Terms of Use or applicable law can be reported here. Content that is reported or discovered as a potential violation will first be objectively reviewed by the Provider's moderation teams against the Terms of Use and further action will be taken if a violation is identified. If no clear violation can be identified, the Provider's team of moderators, together with legal specialists, will assess whether the Content constitutes a violation of applicable law or the Terms of Use. The Provider will inform both the Customer who posted the Content and, if applicable, the person who reported it, of the decision and explain why it was made. Further information on possible legal action will also be provided.
11.3 If there is a violation of applicable law or the Terms of Use, the Provider can take far-reaching measures. These may consist of
- the Content is removed by the Provider;
- the visibility of the Content is restricted;
- suspension or closure of the Customer's account on OfficeOn.
11.4 The Provider also reserves the right to take further legal action.
11.5 The Products and Services available on OfficeOn are intended exclusively for legally compliant use by the Customer. Any use for other purposes is prohibited unless such use has been expressly permitted by the Provider in writing in advance. Unauthorized use includes:
a) Offers, applications and implementation of activities such as competitions, raffles, exchanges, advertisements or pyramid schemes;
b) the utilization of the Services available via OfficeOn, including the Content offered herewith, for a fee.
11.6 The Customer is prohibited from any activities on OfficeOn and in connection with the use of the Services that violate these Terms of Use, applicable law or common decency. In particular, the Customer undertakes to comply with applicable law and not to infringe the rights of third parties.
11.7 Also prohibited is any action that is likely to impair the operation of OfficeOn as well as the Services and the underlying technical infrastructure. This includes in particular:
a) The Transmission of Content that contains viruses, worms, malware, Trojans or harmful properties;
b) the use of software, scripts or databases not approved by the Provider in connection with the use of OfficeOn and the Services;
c) the automatic reading, blocking, overwriting, modifying, copying of data and/or other Content, unless this is necessary for the proper use of OfficeOn and the Services;
d) 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-waivable regulations.
11.8 Should the Customer become aware of any illegal, abusive, non-contractual or otherwise unauthorized use of the Services, the Customer may contact Robert Bosch Power Tools GmbH, Max-Lang-Strasse 40-46, 70771 Leinfelden-Echterdingen, Germany, by post or by e-mail to support.officeon@bosch.com. The Provider will then investigate the matter and take appropriate action if necessary.
11.9 In the event of significant breaches of duty for which the Customer is responsible, the Provider is entitled to terminate the Contract of Use in accordance with section 14 for good cause.
12.1 The Provider may block the Customer's access to OfficeOn and/or the Products and Services if the Provider discovers that
a) the use of OfficeOn and/or the use of the Products and Services (i) poses a security risk to OfficeOn and/or the Services and/or a third party; (ii) adversely affects OfficeOn and/or the Services or the systems or Content of other Customers; (iii) violates applicable law or the rights of third parties; (iv) could make the Provider, its affiliates or third parties liable for damages; or (v) is fraudulent;
b) the Customer violates these Terms of Use;
c) the Customer is in arrears with his/her payment obligations for more than 30 days.
12.2 The Provider shall inform the Customer of the blocking by sending a notification to the e-mail address associated with the Customer account prior to the blocking, unless the Provider must act immediately due to urgency and is therefore unable to send a prior notification to the Customer.
12.3 The block will be lifted as soon as the Customer has rectified the problem that led to the block.
12.4 The Provider's right to block the Customer's access to OfficeOn and/or to the Products and Services supplements the Provider's right to terminate these Terms of Use in accordance with section 14 and to choose other remedies available to the Provider under applicable law.
13.1 Registration, access to OfficeOn and use of the Products and Services are subject to a fee. The prices displayed in the Web App and in the concluded contract at the time of the order shall apply. All prices are exclusive of VAT. In the case of purchases made via the Web App, the applicable VAT is shown separately in the last step.
13.2 The fees for the Products are due immediately upon conclusion of the contract, unless otherwise stated in the invoice.
13.3 Information on payment methods, time of payment and any additional costs incurred can be accessed via the Web App when purchasing.
13.4 Downloading the Mobile App is free, but it can only be used after registering and completing the order for a Product or Service.
13.5 The conditions attached to the voucher code also apply to the redemption of a voucher. Vouchers can only be redeemed during the order process and cannot be retrospectively applied once the order is completed. A subsequent offsetting is not possible. Only one voucher can be redeemed per order.
14.1 The Contract of Use is concluded for an indefinite period. It begins on the date of registration and ends when termination by the Provider or the Customer takes effect.
14.2 The Provider can terminate the Contract of Use at any time with a notice period of one month to the end of the month, but at the earliest at the expiration of the term of an ordered product, provided this is a subscription.
14.3 The Customer may terminate the Contract of Use in a proper way at any time. If the Customer has ordered one or several Products, the Contract of Use can only be terminated together with the contracts for the Products and at the earliest at the expiration of the term for the product with the longest term.
14.4 The right to terminate the contract for good cause remains unaffected for both parties.
Form of termination
a) Unless the possibility of terminating the Contract of Use for Products and Services is provided by a termination function in the Web App (e.g. in the Customer account settings, "Cancel" function), a notice of termination must be sent in text form (letter, e-mail) to the contact details specified in section 11.
b) Uninstalling the Mobile App does not constitute the termination of the Contract of Use. Any obligations towards the Provider to pay agreed usage fees for Products remain unaffected by uninstalling the app.
Consequences of termination
a) In the event of termination of the Contract of Use for Products and Services, the Customer account shall be deactivated at the time of termination to the extent that no further changes can be made to OfficeOn Content.
b) In the event of termination of the Contract of Use, the Provider is entitled to irretrievably delete the data created in connection with the Customer account upon expiry of 30 calendar days after the termination takes effect, after expiry of any statutory retention periods. For personal data, the regulations on data protection shall take precedence, which may also provide for a shorter period for deletion.
c) The Customer is obliged to export and back up his/her data and Customer Content on his/her own responsibility in good time before the termination of the Contract of Use or expiry of the aforementioned period. The Provider points out that the Customer is obliged to use exported data in accordance with all statutory provisions.
The Provider assumes no warranty for material defects and defects of title for OfficeOn and the Services, except in cases in which the Provider has fraudulently concealed the respective material defect or defect of title.
16.1 The Provider shall be liable in accordance with the statutory provisions (i) in the event of intent and gross negligence, (ii) in accordance with the provisions of the applicable product liability law, (iii) to the extent of a guarantee assumed by the Provider, and (iv) in the event of injury to life, limb or health of a person.
16.2 In the event of material defect and financial loss caused by negligence, the Provider shall only be liable in the event of a breach of a material contractual obligation, however, the amount shall be limited to the damage foreseeable and contract-typical damages at the time of conclusion of the contract; material contractual obligations are those whose fulfilment characterizes the contract and on which the Customer may rely.
16.3 Notwithstanding the provision in section 16.1 the liability of the Provider in the event of a negligent breach of a material contractual obligation proven by the Customer for all cases of damage occurring in the same contractual year shall be limited as follows:
a) The liability limit per contract year is
EUR 100,000.
b) If the maximum liability amount is not reached within a contract year, the maximum liability amount shall not be increased in the following contract year. A contract year in the above sense is the first period of twelve months from the time of provision in accordance with the contract and each subsequent twelve-month period.
16.4 Statutory liability limitations that deviate from the above-mentioned liability provisions in favour of the Provider, remain unaffected.
16.5 The above limitations of liability also apply in the event of fault on the part of a vicarious agent of the Provider as well as for the personal liability of employees, representatives and bodies of the Provider and for claims for reimbursement of expenses.
The Customer shall indemnify the Provider in the event of a claim for alleged or actual infringement of rights and/or against all third-party claims, including any resulting damages (e.g. costs for appropriate legal defence), arising from the Customer's actions in connection with the use of OfficeOn and the Services, unless the Customer is not responsible for the infringement.
All information regarding the processing of personal data can be found in the Provider's privacy policy, which is accessible under https://www.bosch-pt.com/ptlegalpages/de/ptde/en/officeonapp/privacy/
19.1 "Confidential Information" is all information and documents of the other party that are marked as confidential or are to be regarded as confidential due to the circumstances, in particular information about operational processes, business relationships and know-how.
19.2 The parties agree to maintain confidentiality regarding Confidential Information, unless otherwise expressly stipulated in these Terms of Use. This obligation shall continue for a period of five years after termination of the Contract of Use. For trade secrets within the meaning of the Directive (EU) 2016/943, the obligation to maintain confidentiality shall remain in force even after the expiry of the five years as long as the Confidential Information concerned is classified as trade secret.
19.3 The parties shall only grant such bodies and employees or bodies and employees of affiliated companies within the meaning of section 15 et seq. German Stock Corporation Act ("AktG") to whom confidentiality obligations corresponding to the confidentiality obligations of these Terms and Conditions have previously been imposed. Disclosure of Confidential Information to other third parties is only permitted if it is bound to secrecy on the basis of professional confidentiality. Furthermore, the parties shall only disclose the Confidential Information to those employees and other third parties who need to know it for the fulfilment of these Terms of Use and - insofar as these are employees - shall oblige these employees to maintain confidentiality for the period after their departure to the extent permitted by labour law.
19.4 Excluded from the above-mentioned confidentiality obligations is such Confidential Information that:
a) is demonstrably already known to the receiving party without breach of contractual or statutory confidentiality obligations at the time of conclusion of these Terms of Use or subsequently become lawfully known to the receiving party from a third party without being subject to a confidentiality obligation;
b) are publicly known at the time of conclusion of the Contract of Use or are made public thereafter, unless this is due to a breach of the Contract of Use;
c) have been developed by the receiving party independently of Confidential Information held under these Terms of Use;
d) must be disclosed due to legal obligations or by order of a court or public authority or must be disclosed for reasons of legal defence. As far as permissible and possible, the recipient obliged to disclose the information will inform the other party in advance;
e) disclosed by one party with the prior written consent of the other party.
19.5 Publications relating to the subject matter of the Terms of Use are only permitted with the consent of both parties.
19.6 The Customer undertakes not to observe, examine, reverse engineer or test OfficeOn and the Services without the prior consent of the Provider, unless OfficeOn and the Services are publicly available. The Customer is not entitled to disassemble, decompile or translate software received into another code form, whereby mandatory copyright rights of the Customer pursuant to Articles 5 and 6 of EU Directive 2009/24/EC (exceptions to acts requiring consent and decompilation) remain unaffected.
20.1 Each party is entitled to refuse performance of the contract if it is impaired or prohibited by foreign trade regulations (in particular national and international [re-]export control and customs regulations, including embargoes and other state sanctions) which - in accordance with those regulations - apply to this contract (hereinafter "Foreign Trade Regulations"). In such cases, either party shall be entitled to terminate the Contract of Use to the extent necessary. If a partial performance is excluded for technical or legal reasons or if a party has no interest in a partial performance, the termination shall result in the termination of the entire contract.
20.2 If the performance of the contract is delayed due to approval, authorization or similar requirements under the Foreign Trade Regulations (hereinafter collectively referred to as "Approval"), the agreed delivery periods and delivery dates shall be extended/postponed accordingly; any liability of the party in connection with the delay shall be excluded. If an Approval is denied or not granted within three months from the date of application, each party shall be entitled to terminate the Contract of Use, in any case insofar as the fulfilment of the contract requires the Approval. If a partial performance is excluded for technical or legal reasons or if a party has no interest in a partial performance, the termination shall result in the termination of the entire contract.
20.3 The parties shall inform each other immediately after becoming aware of Foreign Trade Regulations which may lead to restrictions, prohibitions or delays referred to in section 20.1 and 20.2.
20.4 Upon request, the Customer shall be obliged to provide the Provider with all information and documents required to comply with Foreign Trade Regulations or were requested by the authorities in this regard. These obligations may include, in particular, information on end customers, the destination and the purpose of OfficeOn, the Services or the Products. The Provider shall be entitled to withdraw from any contracts or refuse performance if the Customer does not provide the Provider with this information and documentation within a reasonable period of time.
20.5 If the Customer transfers OfficeOn, Services or Products to a third party (including affiliated companies of the Customer), the Customer undertakes to comply with the Foreign Trade Regulations. If the Customer breaches this obligation, the Provider shall be entitled to refuse to fulfil the contract or to terminate this contract for good cause.
20.6 The Provider's liability for damages in connection with or due to the refusal to fulfil the contract or due to a termination of the Contract of Use in accordance with sections 20.1, 20.2, 20.4 and 20.5 is - as far as legally permissible - excluded.
20.7 Digital products (including related know-how, technology or data) are provided across customs borders exclusively in electronic form.
21.1 The Provider is entitled to amend or supplement these Terms of Use at any time with effect for the future if this is necessary due to legal changes or due to functional or technical developments or other foreseeable reasons for the change of OfficeOn or the Services.
21.2 The Customer shall be notified of an amendment or supplementation on a durable medium (e.g. by email or hard copy) no later than six weeks before it comes into effect. If the Customer does not object to the change or supplementation within 30 days of the announcement of the amendment or supplementation, this shall be deemed to constitute consent to the amendment or supplementation ("deemed consent"); to which the Provider shall make separate reference in the announcement. The fictitious consent shall not apply to a change that affects a main Service of the Contract of Use if an unfavourable imbalance between service and consideration would arise to the detriment of the Customer. In the event of an objection, the Contract of Use shall be continued under the previous conditions.
21.3 Editorial changes to these Terms of Use, i.e. changes that do not affect the Contract of Use, such as the correction of typing errors, are made without notifying the Customer.
Updates
a) The Provider may provide updates to the Services, for example to close security gaps or eliminate errors. It is the Customer's responsibility to install updates immediately and to update the operating system of its mobile device if this is necessary to update the basic services.
b) Regarding the Products, the statutory provisions on updating obligations shall apply. The Provider shall inform the Customer in good time about the provision of such updates and about the legal consequences of an installation not carried out within a reasonable period of time.
c) The Provider is entitled to download and install security updates, for example to maintain product or data security, immediately, regardless of the Customer's settings. If the Provider carries out a security update, it will inform the Customer of this.
Change in performance
a) The Provider is entitled to change, supplement or discontinue the Services at any time or to limit the use of the Services for a limited period of time or to make them available for a fee. The Customer is not entitled to retain certain Services or parts thereof. The Provider shall take into account the legitimate interests of the Customer.
b) Claims of the Customer to the provision of the Services for reasons outside these Terms of Use remain unaffected. Insofar as the Customer is entitled to such claims to the provision of the Services, section 21.1 to section 21.2 shall apply accordingly.
23.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
23.2 The exclusive place of jurisdiction for all legal disputes arising from or in connection with these Terms of Use is Stuttgart, Germany.
24.1 Disruptions caused by unavoidable events which (i) are beyond the control of the Provider, (ii) could not be prevented with reasonable effort, (iii) were not foreseeable even with reasonable care, and (iv) which make the Provider's obligations under these Terms of Use significantly more difficult or impossible in whole or in part, such as strikes, blockades, failure of the public power grid, failures of the Internet, failures of the Bitcoin system, extraordinary weather conditions, operational or traffic disruptions and transportation disruptions ("Force Majeure") release the Provider from the obligations under these Terms of Use for the duration of the event plus a reasonable start-up period.
24.2 Legally relevant declarations and notifications to be made to the Provider after conclusion of the contract (e.g. setting of deadlines) must be made in text form (letter, e-mail) to be effective.
24.3 Should any provision of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
Robert Bosch Power Tools GmbH