Last modified: 01.06.2023.
1.1. These Terms of Use ("Terms of Use") apply to the use of a customer account within the scope of the Bosch Power Tools RefinemySite-Portal and the RefinemySite-App (together also "RefinemySite") of Robert Bosch Power Tools GmbH, Max-Lang-Str. 40-46, 70771 Leinfelden-Echterdingen ("Provider"), by the contractual partner ("User") (individually also "Party", together also "Parties"). Detailed information on the Provider is provided in the imprint.
1.2. If different license terms with the Provider regarding RefinemySite apply to a User, these license terms shall take precedence over these Terms of Use.
2.1. The services available via the RefinemySite-Portal and the RefinemySite-App include, for example, software functionalities, data, contributions, image and sound documents, information and other content ("Content").
2.2. Access to the RefinemySite-Portal and the RefinemySite-App and the services is either browser-based via a domain ("Website") or as an app for use on compatible mobile devices, such as smartphones or tablets ("App"), at the Provider's discretion. The App has a reduced range of functions, which is optimized for the needs of mobile use.
2.3. Availability: The services are generally provided daily from 00:00 o’clock to 24:00 o’clock. For the services, the Provider guarantees an availability of at least 95.0% as an annual average within its area of responsibility. The regular maintenance windows of the Website or the App, which may be between 20:00 o’clock and 06:00 o’clock (CET) daily, are not included in the calculation of availability. The Provider informs the User one week in advance by e-mail about major work that requires a service to be stopped for a period of more than twelve hours. If the services are subject to an error that causes a total breakdown of the services, we will generally correct such errors within three business days after notification of your error message.
3.1. Access to a customer account, the RefinemySite-Portal and the RefinemySite-App and the use of the services shall require a User account, which the Provider shall make available to customers and Users in accordance with section 4.
3.2. The User is responsible for creating and maintaining the necessary technical requirements within the User's area of responsibility (in particular, necessary hardware, web browser, mobile device, Internet access), which are required for the contractual use of the services. For details on the other necessary technical requirements, please refer to our service description at https://www.bosch-pt.com/ptlegalpages/de/ptde/en/refinemysiteweb/servicedescription/.
3.3. In order to use the services via the RefinemySite-App, the User must download and install the RefinemySite-App on his smartphone or tablet. The RefinemySite-App is available for Android and iOS and must be installed via the respective app store. Details on technical requirements, functionalities and operating instructions are available at https://www.bosch-pt.com/ptlegalpages/de/ptde/en/refinemysitemobile/servicedescription/. The operating instructions serve only to describe the service and contain neither agreements on quality nor guarantees.
4.1. The creation of a User account requires the use of an authentication service (Bosch ID or SingleKey ID). For this purpose, separate contractual conditions apply, which the User must accept separately during the registration for the authentication service.
4.2. Users under the age of 16 years are not entitled to register and use a User account of the RefinemySite-Portal, the RefinemySite-App or the available services.
4.3. During the registration process under: https://app.bosch-RefinemySite.com, the User may be asked to provide personal information, e.g., name, mobile number, e-mail address, trade (“Registration Data”). This Registration Data must be provided completely and correctly and always kept up to date. The registration of a legal person may only be carried out by an authorized natural person, who must be named by name.
4.4. To complete the registration process and to transmit the Registration Data, it is necessary that the User agrees to the validity of these Terms of Use.
4.5. The Provider reserves the right to verify the identity of the User immediately after sending the Registration Data or at a later date, for example by clicking on an activation link that will be sent to the User’s specified e-mail address. As long as the User has not provided the necessary verification, the User account remains blocked. If the registration is not carried out completely, the Provider reserves the right to delete the incomplete registered User account.
4.6. Each natural person is only allowed to register once for a User account. User accounts are not transferable.
4.7. It is also the responsibility of the User to ensure that its access to the RefinemySite-Portal, the RefinemySite-App and the use of the available services is carried out exclusively by him/her or by the persons authorized or commissioned by him/her. The User is obliged to handle its access data carefully, not to communicate them to third parties and/or not to allow third parties access to the User account by circumventing the access data. This includes the password-protected blocking of the User interfaces of the respective and devices used. The User is liable for all activities that take place using his/her User account unless the User is not responsible for them. The User will immediately change its password for its User account and inform the Provider immediately in text for if he/she has reason to believe that the access data may have become known to unauthorized persons.
5.1. The Provider may enable Users to upload, store, create, share, send or display their own content (“Project Content”) in compliance with the following regulations and to make it available to third parties (“Transmitting”). Regarding the permissible file formats, the size of a file to be uploaded and the total size of the files to be uploaded, the provisions of the service descriptions apply.
5.2. The User undertakes not to transmit any Project Content that violates these Terms of Use, applicable law or morality through content, form, design or any other way or violates the rights of third parties. Should the User upload personal data of third parties or other information about third parties, he/she is responsible to both the affected Party and the Provider for ensuring that all necessary bases for this upload are given. The User will immediately arrange for the deletion of the data if there is no basis for further storage and use.
5.3. The Provider may set rules of conduct for Transmitting Project Content as well as for communication and interaction with other Customers and Users.
5.4. By Transmitting Project Content, the User grants the Provider a simple, spatially and content unlimited, irrevocable, transferable to third parties, free of charge right of use to the Project Content for the purposes of providing the RefinemySite-Portal and the RefinemySite-App and the Services offered through it. This includes, in particular, the right of reproduction, the right of distribution and the right of communication to the public, in particular the right of making it available to the public. The User may remain the owner of its Project Content.
5.5. The User waives its right to be named as the author.
5.6. Insofar as the Provider expressly offers the possibility to remove Transmitted Project Content, the above-granted right of use and exploitation expires with deletion of the Project Content. However, the Provider remains entitled, under full reserve to data protection, to keep copies made for backup and/or verification purposes.
5.7. The User is responsible for the Project Content posted by him/her. The Provider does not revise the Project Content for completeness, correctness, legality, actuality, quality and suitability for a specific purpose.
5.8. The Provider has no influence on the Project Content or data posted by the User and does not check their legality, completeness, and correctness. The obligation of data protection remains with the User until the data has been fully Transmitted to the RefinemySite. The Provider does not check whether the data provided is technically processable regarding file sizes and file formats.
5.9. After the end of the project, the data is no longer available to the User. The Provider offers an export of the data in PDF format, which the User can carry out up to 4 weeks after completion of the project.
5.10. The Provider is entitled to refuse the posting of Project Content and/or to edit, block or remove already posted Project Content without prior notice, provided that the posting of the Project Content by the User or the posted Project Content itself violates these Terms of Use, applicable law or morality or violates the rights of third parties. The Provider will consider the legitimate interests of the User and choose the mildest means to ward off a violation. The Provider will inform the User about this measure by e-mail.
6.1. All rights to the Provider’s Services and its content (“RefinemySite Content”) are the exclusive property of the Provider or its licensors and are protected by copyright or other intellectual property rights. The compilation of the RefinemySite Content is also protected by copyright as such.
6.2. The RefinemySite Content may only be accessed and displayed online for the User’s own purposes during the existence of a User account. The User is prohibited from duplicating, distributing and/or publishing RefinemySite Content.
6.3. If RefinemySite is used in the context of a commercial or professional activity, the User my use the RefinemySite Content exclusively for its own internal business purposes. Any further commercial use of the available RefinemySite Content is prohibited (see section 8).
7.1. RefinemySite and the Services may contain links to content provided not solely by the Provider but also by Users, partners or other third parties (hereinafter collectively referred to as “Third Party Content”).
7.2. The Provider does not carry out any assessments for completeness, correctness and legality of Third Party Content and does not adopt it as its own. In particular, the Provider does not carry out any review of security aspects in connection with Third Party Content. Therefore, the Provider does not assume any liability for the completeness, correctness, legality and actuality of Third Party Content. This also applies regarding the quality of Third Party Content and its suitability for a specific purpose, also insofar it concerns Third Party Content on linked external websites, which may be viewed by means of framing.
7.3. The Provider will, at its sole discretion, investigate legitimate notices 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 them. In particular, the Provider will remove illegal Third Party Content immediately as soon as the Provider becomes aware of its illegality and as far as this is technically possible.
8.1. The Services available via the RefinemySite-Portal and the RefinemySite-App are intended exclusively for legally compliant use by the User. Any use for other purposes is prohibited unless such use has been expressly permitted by the Provider in writing beforehand. Unauthorized use includes:
a. Offers and applications for paid content and services, both from our own as well as those of third parties;
b. offers, applications and execution of activities such as competitions, raffles, barter transactions, advertisements or pyramid schemes;
c. electronic or other collection of identity and/or contact data (including e-mail addresses) of Users (e.g. for sending unsolicited e-mails);
d. the use of the services available via the RefinemySite-Portal and the RefinemySite-App, including content offered herewith against payment.
8.2. The User is prohibited from engaging in any activities on the RefinemySite-Portal and the RefinemySite-App and in connection with the use of the Services that violate these Terms of Use, applicable law or morality. In particular, the User undertakes to comply with applicable law and not to infringe the rights of third parties.
8.3. Any action likely to interfere with the operation of the RefinemySite-Portal and the RefinemySite-App, the Services and the underlying technical infrastructure is also prohibited. These include specifically:
a. The Transmission of content that has 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 the RefinemySite-Portal and the RefinemySite-App and the services;
c. automatic read-out, blocking, overwriting, modifying, copying of data and/or other content to the extent not necessary for the proper use of the RefinemySite-Portals and the RefinemySite-App and the services;
d. to decrypt, decompile, disassemble, reconstruct or otherwise attempt to find out the source code, any software or proprietary algorithms used, except as permitted by mandatory and non-negotiable regulations.
8.4. Should the User become aware of an illegal, abusive, non-conforming or otherwise unauthorized use of the Services, the Customer may contact Robert Bosch Power Tools GmbH, RefinemySite, Max-Lang-Straße 40-46, 70771 Leinfelden-Echterdingen, Germany by post or via e-mail to support.refinemysite@de.bosch.com. The Provider will then check the process and, if necessary, take appropriate steps.
8.5. In the event of significant breaches of duty for which the User is responsible, the Provider is entitled to terminate the License Agreement in accordance with section 16.2 for an important reason.
9.1. The Provider may block the User’s access to the RefinemySite-Portal and the RefinemySite-App and/or the Services if the Provider determines that:
a. The use of the RefinemySite-Portals and the RefinemySite-App and/or the use of the Services (i) poses a security risk to the RefinemySite-Portal and the RefinemySite-App and/or the Services and/or a third party; (ii) adversely affect the RefinemySite-Portal and the RefinemySite-App and/or the Services or the systems or the content of other Customers; (iii) infringes applicable law or the right of third parties; (iv) the Provider, its affiliated companies or third parties could be liable for damages; or (v) are fraudulent.
b. The User violates these Terms of Use.
9.2. The Provider shall inform the User of the blocking by sending a notification prior to the blocking to the e-mail address associated with the User account, unless the Provider must act immediately due to urgency and is therefore unable to give prior notification to the User to be dispatched.
9.3.The blocking will be lifted as soon as the User has eliminated the problem that led to the blocking. Should the User repeatedly violate these Terms of Use despite notice, the Provider reserves the right to permanently block the User’s access and permanently exclude them from future participation in the RefinemySite-Portal and the RefinemySite-App. A permanently blocked access authorization cannot be restored.
9.4. The Provider’s right to block the User’s access to the RefinemySite-Portal and the RefinemySite-App and/or the services complements the Provider’s right to terminate these Terms of Use in accordance with section 16 and to choose other rights available to the Provider under applicable law.
10.1. 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 German Product Liability Act, (iii) to the extent of a guarantee assumed by the Provider, and (iv) in the event of injury to life, body and health of a person.
10.2. In the event of negligently caused material damage and financial losses, the Provider shall only be liable in the case of a breach of an essential contractual obligation but limited to the amount of foreseeable and agreement-typical damages at the time of conclusion of the agreement. Essential contractual obligations are whose fulfilment characterizes the agreement and on which the User may rely.
10.3. Irrespective of the provision in section 10.1, the liability of the Provider in the event of negligent breach of an essential contractual obligation proven by the User for all cases of damage incurred in the same agreement year is limited in amount as follows:
a. The liability limit per agreement year is a maximum of EUR 100, 000.
b. If the amount of liability limit is not reached in an agreement year, the amount of liability limit does not increase in the following agreement year. An agreement year in the above sense is the first period of twelve months from the date of the contractual provision and each subsequent twelve-month period.
10.4. Any statutory limitations of liability that deviate from the above-mentioned liability regulations in favor of the Provider remain unaffected.
10.5. The Provider is only liable for the loss of data in accordance with the preceding paragraphs if such a loss could not have been avoided by appropriate data backup measures on the part of the User. In particular, the services may not be used for orderly document filing and archiving.
10.6. The above-mentioned limitations of liability also apply in the event of the fault of a vicarious agent of the Provider as well as for the personal liability of the employees, representatives and organs of the Provider as well as for claims for reimbursement of expenses.
In the event of a claim due to an alleged or actual infringement and/or infringement of the rights of third parties, the User shall indemnify the Provider against all claims of third parties, including resulting damages (e.g., costs for appropriate legal defense), which result from actions of the User in connection with the use of RefinemySite and the services, unless the User is not responsible for the infringement.
All information on the processing of personal data can be found in the data protection information of the Provider under the following link: https://www.bosch-pt.com/ptlegalpages/de/ptde/de/refinemysiteweb/privacy/.
13.1. The Provider is entitled to modify or add to these Terms of Use at any time, including any applicable contractual terms with effect for the future, insofar as this is necessary due to legal changes or functional or technical developments of RefinemySite or the services.
13.2. A modification or addition shall be notified to the User on a durable data medium (e.g., by e-mail or letter) at the latest six weeks before it takes effect. If the User does not object to the modification or addition within 30 days of the notification of the modification or addition, this shall be deemed to be consenting to the modification or addition (“Consent Fiction”); the Provider shall indicate this separately in the announcement. The Consent Fiction does not apply to a modification which affects the main performance of the Terms of Use, insofar as this would result in an unfavorable mismatch between performance and consideration at the expense of the User. In the event of an objection, the License Agreement shall be continued under the previous conditions. In the event of an objection, the Provider is entitled to terminate the contractual relationship without observing a deadline. There will be a pro-rata refund of the Fees. The notification of modification or addition informs the User of its right to object and of the consequences.
13.3. Editorial changes to these Terms of Use, e.g., changes that do not affect these Terms of Use, such as the correcting of typing errors, shall be made without notifying the User.
14.1. Updates
14.1.1. The Provider may provide updates regarding the services, e.g., fill security loopholes or fix bugs. It’s the Users responsibility to immediately install updates and to update the operating system of its mobile device if this is necessary to update the basic services.
14.1.2. Regarding the products, the statutory regulations on updating obligations apply. The Provider shall inform the User in good time of the provision of such updates, as well as of the legal consequences of failure to perform the installation within a reasonable time.
14.1.3. The Provider is entitled to directly download and install security updates, for example to maintain product or data security, regardless of the User’s settings. If the Provider makes a security update, he will inform the User.
14.2. Changes of services
14.2.1. The Provider is entitled to adapt or supplement the services at any time in response to changed technical conditions or with a view to further development of the application or technical progress. The User has no right to maintain certain services or parts thereof. The Provider shall take into consideration the legitimate interests of the User.
14.2.2. Claims of the user for the provision of the services for reasons that lie outside these Terms of Use (e.g., from the purchase of hardware that depends on the operability of the services) remain unaffected. Insofar as the User is entitled to such claims on the provision of the services, section 14.1 to section 14.2 shall apply mutatis mutandis to changes thereto.
The Provider shall be entitled to transfer this agreement to an affiliated company in accordance with the German Stock Corporation Act §§ 15 ff. (“AktG”) of Robert Bosch Power Tools GmbH or Robert Bosch GmbH. The Provider shall inform the User of such transfer of agreement in good time and in a suitable manner. In the event of a transfer of the agreement, the User shall have a special termination right, which must be asserted in writing to the Provider with a period of notice of one month from notification of the transfer of the agreement. The termination shall take effect immediately but not before the date of transfer of the agreement.
16.1. The Provider may terminate the contract at any time with a notice period of one month to the end of the month. If the User has concluded a separate License Agreement with the Provider, the contract for the user account can only be terminated together with the License Agreement in accordance with the provisions in the RefinemySite license terms.
The User can terminate the contract at any time by deleting his user account. If the User has concluded a separate License Agreement with the Provider, the termination of the user account shall have no effect on the License Agreement.
16.2. The right of termination for good cause remains unaffected in each case. Good cause exists on the part of Bosch if the conditions for permanent blocking (section 9) are met.
16.3. Notice of termination must be made in writing (letter, e-mail).
16.4. The uninstalling of the App does not constitute a termination of the user account.
17.1. Disruptions caused by unavoidable events that (i) are beyond the control of the Provider, (ii) could not be averted with reasonable effort, (iii) were not foreseeable even with reasonable care, and (iv) make the obligations of the Provider 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, exceptional weather conditions, operational or traffic disruptions and transport obstructions (“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.
17.2. Legally relevant declarations and notifications that are to be submitted to the Provider after conclusion of the agreement (e.g., setting deadlines) must be made in text form (letter, e-mail) in order to be effective.
17.3. This agreement is exclusively governed by the laws of the Federal Republic of Germany, excluding the conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.4. Exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Use is Stuttgart, Germany (for local court proceedings the local court in 70190 Stuttgart).
17.5. 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