These SaaS Terms and Conditions shall govern the Services (as defined below) provided by Bosch Software Innovations GmbH, Ullsteinstr. 128, 12109 Berlin (hereinafter: “the Provider”) and used by the Customer (hereinafter: “the Customer”). The Customer and the Provider are collectively referred to hereinafter as the “Parties” and individually as a “Party”.

§1 Definitions

  1. "Account" – authorization to access controlled-access Services of the Provider via https://www.bosch-iot-suite.com.
  2. "Subscription" – an agreement between the Customer and the Provider for a Service.
  3. "Subscription Period" – a period that begins at the start of a Subscription and ends at termination of the Subscription.
  4. "Customer Data" – all data, information, content or material submitted by Customer or on behalf of Customer in connection with use of the Service, storage space and/or the Account. This includes all calculation results derived by the Customer through usage of Services per the above. Customer Data also includes access and registration data.
  5. "Service Description" – a description of the technical functionalities of a Service, available at https://www.bosch-iot-suite.com/legal/service-descriptions/.
  6. "Service" – the respective software functionalities provided by the Provider which are available for Subscription.
  7. "Service Plan" – the range of Subscription models available for a Service differing in terms of functionalities and pricing.
  8. "Service Level Agreement" or "SLA" – the agreement setting forth the quality levels and characteristics of a Service in terms of availability and maintenance, available at https://www.bosch-iot-suite.com/legal/service-level/.

§2 Scope of Application

  1. The Provider provides an Account and Services to the Customer exclusively on the basis of these Terms and Conditions.
  2. Terms and Conditions of the Customer or of third parties shall not apply, regardless of whether the Provider has specifically rejected their applicability in a given case. Even if the Provider refers to a document that states or refers to the terms and conditions of the Customer or of a third party, this shall not constitute acceptance of those terms and conditions.
  3. Individual contracts concluded with the Customer (including collateral agreements, addenda and amendments) in a specific case shall without exception take precedence over these Terms and Conditions. A written contract or written confirmation from the Provider is required for the content of such agreements to be valid.
  4. Contractual declarations and notifications to be given by the Customer after execution of an agreement (such as setting of deadlines, notification of defects, and declaration of withdrawal or reduction) must be provided in writing to be effective.

§3 Terms and Conditions: Object of the Agreement

  1. These Terms and Conditions govern the provision of an Account, the Services described in detail in the respective Service Description on the basis of a SaaS model for use by the Customer and the necessary storage space on servers of the Provider as well as the granting of usage rights of the Service by the Provider.
  2. The Terms and Conditions do not cover the implementation of interface integration in the Customer's existing system environment. If this service is required, the Parties must conclude a separate written agreement.
  3. The Provider is authorized by Customer to have the Services provided by third parties acting as subcontractors (including affiliated companies of the Provider).

§4 Account

  1. Access to a Service and usage thereof requires the registration of an Account. Registration is free of charge.
  2. During the registration process, the Customer is requested to specify his access data, consisting of an e-mail address and a password (" Access Data"). In case of paid services additional Customer Data must be completely and correctly provided such as company name, country, address, first name, last name, telephone number and position title (" Registration Data"). A legal entity can only be registered by an authorized natural person whose name must be provided during the registration process.
  3. The Customer is obligated to correct his/her Registration Data in his Account without delay in cases of changes after registration. The Customer shall be obligated to pay any costs resulting from the provision of incorrect information (e.g. in the event of accounting errors caused by the provision of incorrect banking account details).
  4. By sending his/her Registration Data, the Customer submits an offer to the Provider to conclude an agreement on the basis of these Terms and Conditions. The Provider may accept the offer, at his sole discretion. If registration is not confirmed by e-mail within a reasonable period of time to the e-mail address specified by the Customer, the Customer shall no longer be bound by his offer. If an e-mail confirmation is received by the Customer, an open-ended user relationship shall be established on the basis of these Terms and Conditions and the Provider shall activate the requested Account. Upon activation, the Customer is entitled to use his Account and to subscribe to Services under the terms of these Terms and Conditions.
  5. The contractual relationship regarding the Account and Access Data is non-assignable.
  6. The Customer is liable for any activity occurring in or from his Account.

§5 The Subscription procedure

  1. Once the Customer's Account has been activated, the Customer will be able to subscribe to both free and paid Services.
  2. The available Services are accessed by clicking on the "Subscription" button. The Services listed thereunder represent binding offers from the Provider.
  3. When the Customer selects a particular Service by clicking on the Service, an info window appears showing the Customer the available Service Plans. Within the info window, the Customer can select a Service Plan.
  4. After selecting a Service Plan, the Customer can configure the Service settings, such as the hosting environment (platform) and the data center.
  5. The next step is to click the "Show Details" button, upon which a page opens and shows a summary of the primary configuration settings and cost information. At this point, the Customer correct the input or decide to cancel the purchase.
  6. The Subscription Period begins when the Customer confirms a Subscription with binding contractual effect via the "Order with obligation to pay" button.
  7. The Provider provides immediate e-mail confirmation of the Subscription of a Service purchased by Customer.

§6 Correction notice

  1. During the Subscription process, the Customer can implement changes and configurations to the Service or cancel the Subscription at any time prior to clicking the "Order with obligation to pay" button.
  2. Once a Service has been selected, the Customer clicks the "Next" button to navigate to a page for entering his data. An overview page then opens for checking the entered data. The Customer can edit input errors by clicking on "Edit" in the respective field. The Customer can cancel the entire ordering process by using the "back" arrow/function of his browser. Or the Customer can simply close the browser window. Otherwise, clicking on the "Order with obligation to pay" button submits a binding declaration, see Section 5.6 of these Terms and Conditions.
  3. A Subscription can be edited or reconfigured at any time via using the "Show Details" button under "Subscriptions". The Customer can also select a different Service Plan or terminate a Subscription as outlined under Section 20.

§7 Saving of the contractual documents

  1. The Provider does not store the entire contractual documents.The Customer can print out the contractual documents or save it electronically before confirming a Subscription via the print function of his browser.
  2. The latest updated Terms and Conditions can be viewed at any time at http://www.bosch-iot-suite.com/legal/.

§8 Provision of Services and storage

  1. From the beginning of the Subscription Period, the Provider shall provide the Service and online documentation for use of the Service in accordance with these Terms and Conditions.
  2. The Customer can access the Service via web browser, app or an application interface set up by the Provider.
  3. From the beginning of the Subscription Period, the Provider shall reserve storage space for the Customer Data generated by the Customer and/or required for use of the Service for the duration of the Subscription Period, to the extent such storage space is necessary for proper usage of the Service.
  4. The Provider shall store and regularly back up Customer Data for the duration of the Subscription Period. The Customer is solely responsible for compliance with mandatory record retention periods for financial accounting and tax purposes.

§9 Technical availability of the Service, access to Customer Data

  1. The Provider shall provide availability of the Services and of the Customer Data in accordance with the SLA at the internet hubs of the Provider's data center.
  2. The Provider shall provide Service functionalities as outlined in the Service Description, provided this obligation of Provider shall not apply the Customer fails to meet the system requirements outlined therein. The Customer is solely responsible for meeting the system requirements. The provisions of Section 24.2 apply accordingly in case of changes in system requirements or the Provider's system technology.
  3. The Provider shall provide proper functioning of the Provider's systems up to the internet hubs of the Provider's data center.
  4. For free Services, Provider makes no representation or warranty that such Services will be uninterrupted or error-free.

§10 Other services of the Provider

  1. From the beginning of the Subscription Period, the Provider shall provide an online documentation for use of the Service in accordance with these Terms and Conditions.
  2. A separate written agreement is required for any additional services to be delivered by the Provider, including particularly support and integration services (for additional Customer systems, equipment and/or technical units) and consulting. Provider is not required to deliver such additional services and the Customer shall not have a contractual right to receive such additional services.

§11 Beta Services and Free Plans

  1. The Customer receives access via his Account to new and unreleased functions or functionalities ("Beta Services, Free Plans"). Beta Services and Free Plans are provided for trial purposes only, and do not constitute a Service governed by these Terms and Conditions. The Provider may discontinue Beta Services and Free Plans at any time and may decide to never make Beta Services and Free Plans available as a Service.
  2. Beta Services and Free Plans Accounts are not intended for productive use. The Provider assumes no liability for damages resulting from such use, except in cases of willful or malicious intent. Liability for damages under the German Product Liability Act is not excluded.
  3. The Provider grants no warranty and does not guarantee maintenance for Beta Services and Free Plans.
  4. The Customer is not permitted to use personal data in connection with the use of Beta Services and Free Plans.

§12 Usage rights

  1. The Provider grants to the Customer the limited non-exclusive, revocable, non-transferable, non-sub-licensable right, during the Subscription Period, to use the Account and the respective Services in accordance with the Service functionalities and intended usage per the Service Description and the online documentation. In this context, the Customer is entitled to store and print out the online documentation provided without removing any existing protective rights and to make an appropriate number of copies of the online documentation for the purposes of these Terms and Conditions. Only as agreed under an individual contract executed by the Parties, the Customer is allowed for his business purposes to permit his own end customers to access the Services exclusively within the framework of the intended usages of the Services (as part of a product offering of the Customer to his own end customers, for example, which involves specific functionalities of the Services).
  2. The open-source software components utilized in the Provider's Service are described in the Service Description as required by the open-source software usage conditions. Details on the Service are available via the link https://www.bosch-iot-suite.com/legal/service-descriptions/.
  3. The Provider makes the Account and the Service remotely accessible under a SaaS (Software-as-a-Service) model. These are neither provided to the Customer for long-term storage by the Customer, nor is the Customer permitted to use the Account or Services in any manner other than as specifically provided under these Terms and Conditions, including the operation of his own data center.
  4. The rights granted to the Customer of Sections 12.1 to 12.3 accrue as well to the Customer's team members who have been invited by the Customer via the "Team Members" functionality and who utilize the Service exclusively on behalf of and for the Customer.
  5. No rights accrue to the Customer other than as explicitly granted under these Terms and Conditions. In particular, the Customer is not authorized to:
    • a.)utilize the Account and/or the Service beyond the scope of use defined in these Terms and Conditions, nor permit third parties to do so, or
    • b.)make the Account and/or the Service available to third parties other than as provided under Section 12.4, or
    • c.)reproduce the Account and/or Service, or allow usage thereof for a limited period of time, including particularly under a rental or loan arrangement.
  6. The Customer shall ensure compliance with the provisions of these Terms and Conditions.
  7. If the Customer violates the provisions of Section 12, the Provider may, after notifying the Customer in writing, suspend the Customer's access to the Account and Service, provided that such violation can be stopped by the suspension. Access shall be restored as soon as the reason for suspension no longer exists. If the Customer continues to violate or repeatedly violates the provisions of Section 12 despite written notice of such violations by the Provider, the Provider may immediately terminate the Subscription without notice, unless the Customer was not responsible for such violations. Termination under this Section 12.7 shall not impact the Provider's right to claim damages.
  8. The provisions of Section 12 shall apply to any new versions, updates, upgrades, modifications, expansions or other changes to the Service the Provider should introduce or implement during the term of the Subscription, even if the Customer commissions the modifications or expansions and pays for these separately.

§13 Intellectual property

  1. Except for Customer Data, all content of the Account and the Services, such as text, graphics, logos, button icons, images and audio clips, is the property of the Provider or his respective licensors, and protected by copyright or other intellectual property rights.

§14 Customer Data

  1. The Customer warrants that
    • a.)he and/or his licensors hold all rights to the Customer Data required for the granting of rights under these Terms and Conditions
    • b.)the Customer Data does not violate these Terms and Conditions or applicable laws and does not infringe the intellectual property of a third party.
  2. The Customer hereby grants the Provider the right to use the Customer Data electronically stored for usage of the Service for the purposes of the Subscription, which includes, in particular, the reproduction of such Customer Data (e.g. for data backup), the modification and provision of such Customer Data for access purposes.
  3. Irrespective of the Provider's obligation to back up the Customer Data in accordance with section 8.4, the Customer is obligated to regularly back up his Customer Data. When backing up the Customer Data the Customer shall ensure that recovery of the Customer Data is possible at all times.
  4. The Provider is entitled to immediately suspend Customer's use of the Service and the data storage, if there is a reasonable suspicion that stored Customer Data is in breach of laws or infringes third-party rights. A justified suspicion of a breach of laws or infringement exists in particular when a court, authority or other third parties notify the Provider of such breach or infringement. The Provider will then notify the Customer of the suspension, stating the reasons for the suspension. Access shall be restored if the grounds for suspicion are proven incorrect.

§15 Duties and obligations of the Customer

  1. The Customer shall perform all actions required for compliance with the Subscription. The Customer is obligated in particular:
    • a.)to immediately change any password assigned by the Provider to a password known only to the Customer, to keep assigned access credentials secret and protected against third-party access, and not to disclose such credentials to unauthorized users. Suitable and effective measures for protecting this data shall be implemented and maintained. The Customer shall notify the Provider without delay in the event of any suspicion that unauthorized persons could have obtained knowledge of the access data and/or passwords;
    • b.)to ensure that necessary system requirements are met;
    • c.)to comply with the restrictions/obligations with regard to usage rights per Section 12 and to promptly investigate any breach of such obligation so as to prevent further violations. To this end, the Customer shall instruct his/her employees as necessary on complying with copyright law;
    • d.)to obtain the necessary consent from the individual concerned if personal data is collected, processed or used during usage of the Service unless allowed under statutory law;
    • e.)to check data and information for viruses and other malware prior to sending to the Provider, utilizing state-of-the-art anti-virus software; and
    • f.)to notify the Provider immediately (latest the next working day) by e-mail upon becoming aware of any errors/defects.
  2. The Customer is not authorized:
    • a.)to access non-public areas of the Service or the technical systems underlying the Service;
    • b.)to utilize robots, spiders, scrapers or other similar data collection or extraction tools, to utilize programs, algorithms or methods to search, access, acquire, copy, or monitor the Service outside of the documented API (Application Programming Interface) endpoints;
    • c.)to knowingly send Customer Data with viruses, worms, trojans or other infected or harmful components, or to otherwise interfere in the proper functioning of the Service;
    • d.)to decrypt, decompile, reverse engineer, reconstruct or attempt to discover the source code of any software or proprietary algorithms used, except as permitted under mandatory applicable laws;
    • e.)to test, scan, analyze, or identify vulnerabilities in the Service, or
    • f.)to intentionally utilize devices, software or routines which have a disruptive effect on the applications, functions or usability of the Service or to deploy such to willfully damage data, systems or communications, to generate excessive load, or to negatively interfere in, fraudulently intercept or capture such.

§16 Fees

  1. The Account is provided free of charge.
  2. Fees for the Services, for the provision of Services for usage and for the provision of storage space are billed according to usage on the basis of the price lists valid at the time of Subscription of the Service. These price lists are posted at https://www.bosch-iot-suite.com/legal/pricing-conditions/
  3. The Provider is permitted to appropriately increase contractual prices for usage of the Service to cover labor and other cost increases. The Provider will notify the Customer of such price increases by e-mail. Price increases shall not apply to the periods for which the Customer has already made payment. If a price increase exceeds the previous price by more than 10%, the Customer shall be entitled to terminate the Subscription as a whole with two weeks' notice effective at calendar month-end. If this termination right is exercised, the previous prices before the increase shall be charged up to the effective date of termination. The Provider shall advise the Customer of this right of termination in the price change notification.
  4. The Provider bills for other services not included in this Subscription based on cost applying the Provider's general list prices applicable at the time of order placement.
  5. All prices are stated in euros not including VAT, which is chargeable at the statutory rate. Fees shall be due on the date of the respective invoice and payable within thirty (30) calendar days of such date.

§17 Warranty

  1. The Provider will process complaints for defects to the Service, including online documentation, within the response times specified in the SLA following notification thereof by the Customer. The same applies to other disruptions in the ability to use the Service which are the fault of the Provider. Any damage claims due to performance defects shall be subject to the provisions of Section 18 of these Terms and Conditions and the SLA.
  2. The Customer's right to terminate due to non-provision of usage pursuant to § 543 (2) sentence 1 no. 1 of German Civil Code (BGB) is excluded unless the rendering of contractual usability is to be regarded as failed. At the earliest, the rendering of contractual usability shall be deemed failed after a second unsuccessful attempt.

§18 Liability

  1. The Provider is fully liable under statutory law
    • a.)in cases of malicious intent or gross negligence;
    • b.)under the German Product Liability Act;
    • c.)as per any guarantee given by the Provider; and
    • d.)for loss of life and bodily injury/harm;
  2. In cases of property damage or pecuniary losses caused by Provider's negligence, the Provider and the Provider's vicarious agents shall only be liable for breach of a primary contractual obligation, capped at the amount of the damage/losses typically expected at the time of conclusion of the Subscription. Primary contractual obligations are obligations which are crucial to the fulfillment of the Subscription, upon which the Customer may therefore rely.
  3. Notwithstanding the provision of Section 18.1, the Provider's total liability in case of a negligent breach of a primary contractual obligation proven by the Customer shall, if the Customer is a business entity within the meaning of § 14 BGB, be limited for all claims falling within the same contract year as follows.
    • a.)Liability per contract year shall be limited in amount to 100% of the fees paid by the Customer in the year of the damage/loss occurrence, further capped at 100,000 euros.
    • b.)If the maximum liability amount is not reached in a given contract year, the maximum liability for the contract year following shall not increase. A contract year per the above shall be the 12-month period starting on the date of initial provision of the respective Service according to the Subscription.
  4. If the Customer is a business entity within the meaning of § 14 BGB, no-fault liability for damages per § 536a BGB shall be excluded for defects that existed at the time of contract conclusion.
  5. The Provider shall not be liable for the loss of Customer Data causing damage due to the Customer failing to back up data in accordance with Section 14.1, thereby ensuring that lost Customer Data can be recovered with reasonable effort.
  6. The above limitations of liability shall also apply in the event of culpability of a vicarious agent of the Provider and to the personal liability of the employees, representatives and board members of the Provider.
  7. For telecommunication services, the liability limitations of Section 44a of the German Telecommunications Act (TKG) remain unaffected.

§19 Indemnification

  1. The Customer is obligated to indemnify the Provider for and from third-party claims in case of
    • a.)any breach of these Terms and Conditions or applicable laws by the Customer or Customer Data;
    • b.)any usage of the Service in breach of these Terms and Conditions or applicable laws or regulations;
    • c.)any usage of the Service which violates or infringes third-party rights;
    • d.)claims relating to Customer Data or Customer Data combined with other applications or third-party products, content or processes, including any kind of claim asserted for the infringement or illegal exploitation of third-party rights by means of the Customer Data or through the use, development, design, production, advertising/promotion or marketing of Customer Data; or
      • e.)any use of open-source software, unless the Customer is not responsible for the claim.
  2. The foregoing shall apply irrespective of whether any infringement is caused by the Customer, a team member or a third party via Customer's Account.
  3. The Provider shall promptly notify the Customer in the event Provider becomes aware of claim subject to indemnification under Section 19.1. The Provider shall support the Customer therein in every appropriate manner, as allowed by law. In particular, the Provider shall, to the extent possible, provide the Customer all required information on usage of the Services governed by these Terms and Conditions.

§20 Term and Termination

  1. The Customer may terminate his Account at any time for any or no reason and close the Account for all Services. The Provider may terminate an Account for any or no reason, at any time, by providing twelve (12) months notice effective at calendar month-end. The right to suspend Customer's Account shall remain thereby unaffected.
  2. The contractual relationship regarding the usage of a Service begins upon the beginning of the Subscription Period. Except as otherwise agreed in the Service description or provided on https://www.bosch-iot-suite.com, Service Subscriptions are open-ended in term and can be terminated at any time
  3. The right of the Parties to terminate these Terms and Conditions, an Account or Subscription for good cause and without notice shall remain unaffected.
  4. Upon termination, all rights of the Customer under these Terms and Conditions shall immediately expire. Termination of the contractual relationship simultaneously terminates all user IDs provided to end customers of the Customer at the next possible date. The Customer is obligated to pay fees accruing up to the time when termination takes effect.
  5. Good cause shall be in evidence when one Party grossly breaches express obligations under these Terms and Conditions, and in particular if the Customer utilizes the Service outside the scope of these Terms and Conditions and remains in breach after the end of a reasonable cure period following warning notification by the Provider; Good cause entitling the Provider to termination without notice and a cure period shall exist if the Customer is in arrears on payment of fees for two (2) consecutive months, or if a significant fee amount due under Section 16 is in arrears.
  6. When termination becomes effective, the Provider is no longer obligated to store and back up Customer Data.

§21 Data Privacy

  1. The Parties shall comply with the provisions of the respective applicable data protection laws, and shall bind their employees deployed in connection with these Terms and Conditions and the execution thereof to uphold data privacy in accordance and confidentiality with the applicable laws, unless they have already been generally bound accordingly.
  2. To the extent the Customer collects, processes or uses personal data, the Customer shall ensure that he/she has the right to do so in accordance with the applicable provisions, in particular data privacy laws. The Customer shall indemnify the Provider for and against all claims by third parties arising from or related to the Customer's non-compliance with such applicable provisions. Any data to be processed by the Provider which involves personal data are processed on a contracting basis. The Provider will comply with the legal requirements applicable to contract data processing and with the Customer's instructions (to meet deletion and restriction/blocking obligations, for example). A contract template is available for the Customer at https://www.bosch-iot-suite.com/legal/data-processing-under-commission/.
  3. The Provider will only collect and use personal data to the extent required to fulfill his obligations under these Terms and Conditions. The Customer consents to the collection and use of Customer Data to that extent.
  4. The obligations of Sections 21.1 to 21.3 shall continue after termination or expiration of these Terms and Conditions, for as long as the personal data is within the Provider's possession.

§22 Confidentiality

  1. Neither Party shall disclose any confidential information of the other Party received in the course of its performance under these Terms and Conditions, and each Party shall only use the confidential information of the other Party, for whatever reason, in relation to third parties with the prior written permission of the other Party. Confidential information includes any information explicitly identified as confidential information by the Party providing such information, and any information the confidential nature of which is evident from the circumstances at the time of disclosure.
  2. The obligations stated under Section 22.1 shall not apply to any information, in whole or in part, for which the receiving Party is able to prove that
    • a.)the receiving Party, or the general public, had knowledge of the information prior to the date it was received, or if such information was published by a third party in a legal manner without violating any non-disclosure obligation after the date it was received;
    • b.)such information was public knowledge or available to the general public prior to the date it was received;
    • c.)such information became public knowledge or was made available to the general public after the date it was received without the receiving Party being responsible for such actions.
  3. Public comments by the Parties about the partnership shall be subject to prior mutual agreement. The Customer is not authorized to act as an agent or dealer of the Provider. The Customer is not authorized without the Provider's prior consent to use information concerning any intended or existing contractual partnership for either reference or marketing purposes.
  4. The obligations per Section 22.1 shall apply indefinitely even after the expiry of these Terms and Conditions unless one of the exceptions per Section 22.2 can be proven.

§23 Export Control

  1. The Customer is aware that use of the Services may be subject to import/export restrictions. In particular, there may be approval requirements, or usage of the Service and related technologies may be subject to restrictions/limitations in foreign countries.
  2. The Customer shall comply with applicable import/export control regulations of the Federal Republic of Germany, the European Union and the United States of America, and with all other applicable regulations.
  3. The Provider's duty to fulfill these Terms and Conditions is subject to compliance with national or international import/export or other laws or regulations. Any compliance with such laws or regulations shall not be considered a violation of these Terms and Conditions.
  4. The Service shall not be utilized for military purposes or purposes connected with nuclear technology.

§24 Changes to the Services and the Terms and Conditions

  1. The Provider reserves the right to modify Services provided free of charge, to make new Services available free of charge or on a fee basis, and to discontinue the provision of free Services. The Provider will properly consider the Customer's legitimate interests in doing so.
  2. The Provider reserves the right to revise these Terms and Conditions and modify the paid Service at any time, subject to these Terms and Conditions, to reflect changed technical conditions, to ensure API compatibility and/or to keep up with further development of the application or technological progress, but without altering the basic functionality of the Service. The Customer shall be informed of such changes by e-mail at least thirty (30) calendar days before the planned go-live date of such changes if such modification results in restricted usability of data generated to-date or other disadvantages (e.g. modification costs). If the Customer does not object within thirty (30) days of receipt of notification and continues using the ervices after such thirty (30) day period, the changes shall be deemed accepted by the Customer at the end of such thirty (30) day period. In the event the Customer objects to the changes, the contractual relationship shall continue under the previous conditions. The Provider is entitled to terminate these Terms and Conditions without further notice in the event of such objection. In the change notification, the Customer shall be informed of his/her right to object and the consequences thereof.

§25 Applicable law and place of jurisdiction

  1. The contractual relationships between the Parties shall be governed by the laws of the Federal Republic of Germany. This choice of law shall only apply to consumers to the extent that the protections afforded thereunder are not afforded under the laws of the country where the consumer has his or her regular place of residence. Application of the UN CISG Convention on Contracts for the International Sale of Goods (CISG) is excluded.
  2. If the Customer is a business entity, juristic person under public law or a public-law fund within the meaning of § 14 of German Civil Code (BGB), the exclusive place of jurisdiction for any legal disputes arising from or in connection with these Terms and Conditions of Usage shall be Stuttgart. The same shall apply if the Customer has no general place of jurisdiction in Germany, or the Customer's domicile or regular place of residence are not known when suit is filed.

§26 Miscellaneous

  1. Any modification, amendments or addenda to these Terms and Conditions must be agreed in writing by the Parties to be effective.
  2. The exclusive language of contract is English. Versions of these Terms and Conditions may be translated into other languages and are solely for information purposes. The English text shall prevail in the event of any conflict between language versions.
  3. Should any individual provision of these Terms and Conditions be held invalid, the validity of the remaining provisions of these Terms and Conditions shall have full force and effect.
  4. If during the Parties course of performance under these Terms and Conditions, either Party believes in good faith that the intent of any provision herein fails to meet the intent of the Parties, or if the invalidity of a provision above is established by a court of competent jurisdiction or by mutual agreement of the Parties, the Parties undertake to modify these Terms and Conditions to meet the intent of the Parties in a manner appropriate to meet the objective of these Terms and Conditions.

Stand: November 8, 2017 (Version 3.0)

Bosch Software Innovations GmbH