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Terms of use

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Robert Bosch GmbH
(Business Unit eBike Systems)
Service Contract for Theme Editor

Preamble

Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen-Schillerhöhe Germany, (hereinafter referred to as "Bosch") operates a B2B partner portal for digital services for E-Bikes under http://b2b.bosch-ebike.com (hereinafter referred to as the “Portal”) where different partners from Bosch, such as bike manufacturers, bike dealers, bike component suppliers as well as other third party partners from different market segments (altogether hereinafter individually referred to as a “Partner” and jointly referred to as the “Partners”) can after a registration process and creating of a user account use different digital tools and services provided by Bosch, such as data services, software development kit (SDK), APIs, customization services, analytics and dashboard services, communication and mailing services etc. (hereinafter individually also referred to as a “Service” and jointly also referred to as the “Services”) partly for free, partly fee required and in accordance with specific terms of use (hereinafter referred to as the “Terms of Use”).

1. Subject of the Service Contract

This service contract for the use of the Service “Theme Editor” (hereinafter also referred to as “TE”) between Bosch and the Partner (hereinafter referred to as the “Service Contract”) shall be deemed as a specific regulation in the meaning of Section 4.4 of the Terms of Use. This Service Contract and the Terms of Use together constitute the entire contractual basis for the Service TE provided by Bosch.

2. Description of the Service Theme Editor

TE is a specific tool which the Partner can use in order to create a personal design which then will be used to personalize the frontend of the Flow app (hereinafter referred to as the “App”) for the Partner’s own customers (hereinafter referred to as the “Personalization” or the “Theme”).

3. Requirements and Guidelines for Using of TE and Personalization

3.1 Design and Quality Obligations

The Partner undertakes towards Bosch neither to use any design elements (e.g. combinations of colours, letterings, images, graphics etc.) (hereinafter altogether referred to as the “Design Elements”) within the scope of the Personalization nor to create or use a Personalization that violate the guidelines regarding design and quality set forth in Annex 1 to this Service Contract.

3.2 Legal and Ethical Obligations

The Partner undertakes towards Bosch neither to use any Design Elements within the scope of the Personalization nor to create or use a Personalization that violate the Terms of Use, any applicable law or good morals in terms of content, form, design or in any other way. In particular, the Partner undertakes towards Bosch in this respect to comply with any applicable law (in particular criminal law, competition law, youth protection law and data protection law) and explicitly not to infringe any third-party rights (e.g. industrial property rights and copyrights) when using any Design Elements within the scope of the Personalization or when creating or using the Personalization itself.

The Partner is fully and solely responsible for any Design Elements used within the scope of the Personalization as well as for the complete Personalization itself. In no event shall Bosch be responsible for reviewing any Design Elements used in the scope of the Personalization or the complete Personalization itself for completeness, correctness, accuracy, legality, topicality, quality, suitability for a specific purpose or in any other respect.

3.3 Bosch’s Rights

Regardless of the fact that Bosch does not check any Design Elements used in the scope of the Personalization or the complete Personalization itself in any way, Bosch shall be entitled to refuse using of Design Elements used in the scope of the Personalization or of the complete Personalization itself within the scope of the App and/or to edit, block or remove any Design Elements used in the scope of the Personalization or the complete Personalization itself already used within the App without prior notice if using of any Design Element or using of the complete Personalization itself or any used Design Element or the complete Personalization itself violate this Service Contract, the Terms of Use or any applicable statutory provision, or if the Partner has otherwise culpably violated any contractual obligation towards Bosch. Bosch will take into account the legitimate interests of the Partner in this respect and choose the mildest means of defence against the infringement. Bosch will inform the Partner as soon as possible by e-mail about this measure.

3.4 Release Agreement

If and to the extent that any claim is asserted against Bosch or against any of Bosch’ affiliated companies by any third party with respect to or in connection with any Design Element used in the scope of the Personalization or with respect to or in connection with the Personalization itself, the Partner shall indemnify and hold Bosch harmless to that extent from and against any and all liability, claims, demands and expenses (including any attorney fees).

4. Other Provisions

Any provisions stated in the Terms of Use shall additionally apply for this Service Contract. In case of any contradiction between this Service Contract and the Terms of Use, this Service Contract shall prevail.

5. Rights of Suspension and Termination

In case of any violation of this Service Contract, Bosch reserves its rights stated in Sections 12. and 13. of the Terms of Use. A violation of this Service Contract shall be deemed as breach of the Terms of Use in the meaning therein.

Annex 1 - Design and Quality Guidelines