EasyControl of Bosch Terms and Conditions
Last updated: 10/2019
These are the Terms and Conditions of EasyControl (“Terms”).
Article 1 – Definitions
Bosch Thermotechnik GmbH (“Bosch”) provides: software that can be downloaded to the Customer’s smartphone, tablet or smartwatch (“EasyControl App”), a web portal with detailed information about the EasyControl products including the instructional manuals and videos (“EasyControl Website”), services accessible through the EasyControl App and EasyControl Website (“EasyControl Services”), for use with the smart thermostat supplied by Bosch ("EasyControl”), in its current version consisting of the hardware (“Product”) and pre-installed firmware (“EasyControl Firmware”).
The EasyControl is a smart thermostat with various functions via which the Customer is able to control a heating, ventilation and air conditioning system (“HVAC system”) and view and manage its energy consumption levels.
The term “Customer” in these Terms is referring to any person or entity who accesses or uses the EasyControl and its related EasyControl App, EasyControl Website and EasyControl Services.
The term “Accessories” in these Terms refer to products that can be connected and operated together with the EasyControl. Accessories shall consist of products offered by Bosch.
The term “Third Products” in these Terms refer to a product or services provisioned by a third party that can be connected and operated together with the EasyControl. Third Products are not provisioned by Bosch.
The term “EasyControl Credentials” in these terms refer to the credentials necessary to connect EasyControl Services or Third Products with the EasyControl.
The term ”Language Control Services” in these terms refer to devices and software for the control of Bosch Thermotechnik products by means of speech assistants, messenger services and similar solutions offered for the control of Bosch Thermotechnik controllers, thermostats and heaters.
Article 2 – Applicability
By accessing or using the EasyControl App, EasyControl Website and/or EasyControl Services, the Customer agrees to be bound by the Terms. If the Customer does not agree to the Terms, then it will not be able to use the EasyControl in combination with the Accessories, EasyControl App, EasyControl Website, EasyControl Services and Third Products.
Before connecting the EasyControl the Customer accepts to register for a user account (“Bosch Account”) either at the EasyControl App or at the EasyControl Website and to provide the necessary information in full and correctly as requested during the registration process. If such information changes during the course of the usage relationship, the Customer shall amend the data immediately. The Bosch Account is managed and maintained by Bosch.
For Accessories and Third Products, additional terms and conditions may apply that contain specific provisions regarding these relevant Accessories and Third Products.
Any invalidity of one or more provisions of the Terms does not affect the validity of the remaining provisions.
Article 3 – Right of use and access
Bosch grants the Customer a non-exclusive, non-transferable right of access and of use of the EasyControl and its related Accessories, EasyControl App, EasyControl Website and EasyControl Services (without the right to sub-license). The ownership of the EasyControl App, Website and Services remains at Bosch at all times. Any other use of the EasyControl App, EasyControl Website and EasyControl Services beyond the purpose for which they are made available (including data collection or other interactions on data, the provision of services to third parties) is prohibited, unless expressly stated otherwise by Bosch.
The Customer shall not support or help in the reverse engineering, decompiling, modifying, or derive any derivative products or functionalities from the EasyControl and related Accessories, EasyControl App, EasyControl Website and EasyControl Services.
The Customer shall ensure the hardware and environment configuration (operating system, compatible systems and smart devices, internet access and availability through a permanent and stable Wi-Fi, etc.) for use of the EasyControl and its related Accessories, EasyControl App, EasyControl Website and EasyControl Services is as specified by Bosch and according to the information available on the EasyControl Website and in the EasyControl manual.
Without prejudice to the privacy provisions, and to the extent that the Customer’s data is not owned by Bosch, each Customer grants Bosch, automatically and without further form, an unlimited, non-exclusive, free, worldwide, transferable and royalty-free right of use on all data or other elements generated or used by the EasyControl, Accessories, EasyControl Apps, EasyControl Website and EasyControl Services, to be used for any purpose. Insofar as these data are personal data, Bosch will process these data only in accordance with the provisions of data protection law and the customer's consent declared in this connection. Details on the processing of personal data at Bosch can be found in our privacy provisions.
The EasyControl availability for sale, support and access to its Accessories, App, EasyControl Website and EasyControl Services is limited to the countries listed on the EasyControl Website (“Countries”). The Customer accepts that outside the Countries the access and use of the EasyControl and its Accessories, EasyControl App, EasyControl Website and EasyControl Services may be not available, restricted or limited. The Customer shall be responsible and liable for compliance with relevant laws in the country in which the EasyControl and its Accessories, EasyControl App, EasyControl Website and EasyControl Services are accessed or used.
Bosch shall have no responsibility or liability for any damage or loss caused by the access or use of the EasyControl and its Accessories, EasyControl App, EasyControl Website and EasyControl Services outside one of the Countries.
The Customer shall indemnify Bosch against the consequences of any infringement by the Customer of these Terms.
Article 4 – System requirements
The Customer shall be responsible to ensure that all system requirements as specified in the EasyControl manual and in its Accessories, EasyControl App, EasyControl Website and EasyControl Services are available and correctly configured. Among others, a broadband internet connection with enough bandwidth and a working and communicating Wi-Fi network to the EasyControl are available at the location of its installation.
The Customer shall acknowledge that a mobile device is available and compatible with the system requirements for proper access and use of the EasyControl Accessories, EasyControl App, EasyControl Website and EasyControl Services. Some EasyControl Services might also require access to additional functions of the mobile device (e.g. GPS location for the geolocation EasyControl Services, etc.). These requirements are described and available on the EasyControl Website.
Article 5 – Energy savings
The data collected by the EasyControl and the EasyControl App on fuel (gas, oil …) and/or electricity consumptions of the appliance is for indication purposes only and is not guaranteed by Bosch in any way. The actual gas and electricity consumptions may vary depending on the Customer and the environment. From possible deviations (both above and below) no rights can be derived.
The Customer shall not use the consumption data as available in the EasyControl and its Accessories, EasyControl App, EasyControl Website and EasyControl Services for questioning energy bills from an energy supplier or network administrator or as an alternative measure to the energy meter measurements.
The potential energy savings derived from the use of the EasyControl or of its Accessories, EasyControl App, EasyControl Website and EasyControl Services are dependent of a number of environmental factors for which Bosch may not be responsible for. The Customer agrees not to seek any type of compensation from Bosch in case the expected savings are not reached.
Article 6 – Responsibility for the access
The Customer is responsible for ensuring that only the Customer and/or the persons the Customer has authorized shall have access and/or use the EasyControl and its related Accessories, EasyControl App and EasyControl Services. The Customer shall keep the EasyControl Credentials confidential at all time. If there is any concern that unauthorized third parties have obtained or will obtain knowledge of the EasyControl Credentials, or if the Customer is aware of any other illegal, improper, non-contractual or other unauthorized access to or use of the EasyControl and its related Accessories, EasyControl App, EasyControl Website or EasyControl Services, Bosch must be informed immediately. The contact information of Bosch is available on the EasyControl Website.
The Customer bear full responsibility for any use of and/or other activity on the EasyControl and its related Accessories, EasyControl App or EasyControl Services which is carried out using the EasyControl Credentials.
The Customer is liable for any loss caused by unauthorized use by third parties, unless the Customer is not to blame.
Article 7 – Third Party Products
The Customer may decide to connect the EasyControl to one or more Third Products and may revoke at any time such connection. By revoking the access it will not be possible to use the Third Product together with the EasyControl, EasyControl App and EasyControl Services.
The Customer agrees to share the necessary data to enable the connection of the EasyControl to the Third Products. These data may include the Customer personal information and the EasyControl Credentials.
The Customer agrees that Bosch does not give any warranties or safeguards regarding the usage of Third Products in combination with EasyControl and its related Accessories, EasyControl App, EasyControl Website and EasyControl Services. The use of Third Products is at Customer’s own accountability and risk and is subject to conditions that are used by the third parties concerned. Bosch is not responsible for the use by the Customer of Third Products and any liability for damages arising from the use of Third Products is therefore excluded.
The Customer shall contact the supplier of the Third Product directly, unless Bosch provides support for the specific product, concerning any questions about it or if there is a problem with the operation of the Third Products.
Article 8 – Language Control Services
Language Control Services enables the Customer to carry out essential functions of the heating control system with simple voice commands or messages, whereby the scope of functions varies depending on the respective Language Control Service. By installing or registration for a respective Language Control Service and connecting this Language Control Service to Easy Control, the Costumer agrees to this Terms. If the Customer does not agree with these Terms, the Customer cannot use the respective Language Control Service.
The use of the respective Language Control Service is granted for the term of Easy Control according to these Terms and may be terminated by either party at any time without notice. The Customer can cancel the use of a Language Control Service by uninstalling or disconnecting the respective Language Control Service. After termination of the Language Control Service, use of the respective Language Control service is no longer possible. All other services provided under this Terms remain unaffected.
There is no entitlement to uninterrupted availability or specific response time or behavior for this Language Control Service, even if Bosch endeavors to ensure that availability is as uninterrupted as possible. There is no guarantee that the access or use of the respective Language Control Service will not be interrupted or impaired by maintenance work, further developments or other disruptions.
Customers right of use is limited to the access to the respective Language Control service as well as to the use in accordance to this Terms.
It is forbidden to take any action that is likely to impair the operation of the respective Language Control Service and the associated services, in particular to overload our IT systems excessively. Contributions by the Customer may not contain any content that violates applicable law or morality. In addition, the Customer permits the operator to modify his contributions if they violate the aforementioned rules or are likely to cause damage to the operator or a third party. It is prohibited to have another Language Control service communicate with the respective Language Control service. Any prohibited action may result in the immediate exclusion of the Customer of any use of Language Control Services. Should the Customer become aware of any illegal, abusive, contract-breaching or other unauthorized use of the Language Control services, the Customer may contact Bosch Thermotechnik GmbH and report this unauthorized use.
While the Customer communicates with the Language Control Service, the Language Control Service saves the messages entered or announced by the Customer. Bosch Thermotechnik GmbH uses these messages to provide and improve the Language Control Services.
The answers and statements given by the Language Control Service are protected by copyright. Reproduction, copying, storage or retrieval of these statements or use in any other Language Control Service or expert system is prohibited without the written consent of Bosch Thermotechnik GmbH.
Article 9 – Updates
Bosch may perform software updates (“Updates”) of the EasyControl Firmware and of the EasyControl App, EasyControl Website and EasyControl Services and Accessories to conduct product and service improvements. Such Updates shall be limited to Update which objectively do not present a disadvantage in relation to the services agreed upon at the time conclusion of the contract and which do not deviate significantly form the agreed services e.g. bug fixes, usability, stability and performance fixes, features upgrade, etc.
The Customer agrees that Bosch may install the Updates automatically without giving prior notice and without the Customer’s prior permission.
In case such Updates are not possible Bosch cannot ensure the proper usage or full functionality of the EasyControl and of the EasyControl App, EasyControl Website, EasyControl Services and Accessories.
In case of Updates that are more extensive, you will be notified and asked for your consent. If you refuse your consent, no Update will be performed and it is possible that the operation of the system may be impaired or may need to be discontinued altogether. This provision shall apply mutatis mutandis if changes to the App and/or the Device Software become necessary due to changed specifications from third parties from whom Bosch obtains advance services or due to significant technical innovations on the market.
Article 10 – Changes to the Terms
Bosch may change and/or supplement these Terms at any time and declare the new version applicable to the Customer via the notice of change in the EasyControl App.
In case the Customer accepts the changes to the Terms the changes shall be deemed effectively agreed.
In case of an objection, Bosch reserves the right to terminate the rights of use relationship. The change notification contains a reference to Customer’s right to object and the consequences thereof.
The notice of change shall be published on the EasyControl App and the changed Terms will be published on the EasyControl App and EasyControl Website.
Article 11 – Termination
The Terms shall remain effective during the time the Customer accesses or uses the EasyControl and its related Accessories, EasyControl App, EasyControl Website and EasyControl Services or until the services are terminated or suspended by Bosch.
Bosch may terminate or suspend the Customer’s rights of access or use in case the Customer has violated the Terms.
Upon termination the Customer shall cease to access or use the Accessories, EasyControl App, EasyControl Website and EasyControl Services.
The access and usage of the EasyControl App, EasyControl Website and EasyControl Services may be terminated by Bosch at any time, subject to a reasonable notice period.
Article 12 – Liability and limitation of use and access
The operation of the EasyControl and its Accessories, EasyControl App, EasyControl Website and EasyControl Services depends on a number of environmental factors (e.g. products or services fo third parties, access to the internet, proper functioning of the Wi-Fi network or other communication systems and networks) beyond Bosch's responsibility and therefore its use is not intended for real-time-critical applications. Therefore, the EasyControl and its Accessories, EasyControl App, EasyControl Website and EasyControl Services are delivered without warranty as to the permanent or qualitative nature of their functionality.
Bosch shall not be liable regarding any damages or losses (e.g. data) caused by the failures and/or deferred and/or lack of accessibility to or from the EasyControl and its Accessories, EasyControl Apps, EasyControl Website and EasyControl Services.
The access to the EasyControl and its Accessories, EasyControl App, EasyControl Website and EasyControl Services may be temporarily limited or deferred due to the need to execute maintenance, repairs or security upgrades among other reasons. The Customer shall not be eligible for any indemnity in such situations. Bosch does not provide an explicit uptime guarantee.
In no circumstances shall Bosch be liable for business, consequential and/or indirect damage, including but not limited to profit and loss of revenue, loss of return and intangible damage, from the Customer. Bosch shall not be liable for any damage that may be attributed to any act or omission by the Customer or a third party engaged by the Customer.
Without prejudice to the foregoing, Bosch's liability is in all cases limited to the original purchase price of the products - or if that is less - to the amount covered by Bosch's liability insurance and paid in the particular case.
Claims under product liability laws shall remain unaffected.
In addition Bosch shall not be liable for damage suffered by Customer as far as this damage is the result of:
- The customer not using the EasyControl and its related Accessories, EasyControl App, EasyControl Website and EasyControl Services in accordance with its nature and intended purpose;
- The Customer not observing the quick install guide and operating instructions provided and other instructions as available in the EasyControl App and EasyControl Website;
- The Customer or any other party other than Bosch or third parties engaged by Bosch performing changes, repairs, relocations and/or checks of the EasyControl and Accessories;
- The Customer causing damages in connection with loss, mutilation or unusability of data stored digitally or electromagnetically or transmitted;
- The Customer causing damage, in its broadest sense, when installing or using the EasyControl and Accessories, unless this damage is caused by gross negligence or on purpose by Bosch or a third party affiliated to Bosch.
- The Customer or any other party causing damage due to short circuit, water damage, lightning strike, fire/smoke damage, power failures, interference in telecommunications connections and all other causes that cannot be faulted with Bosch or not at risk from Bosch.
Article 13 – Intellectual property
All intellectual property rights (including copyrights, software rights, database rights, patents, know-how, underlying algorithms, trademarks, logos, trade names and other commercial identifiers, and other similar rights, including registrations, requests, renewals for the whole world) in the EasyControl and its Accessories, EasyControl App, EasyControl Website and EasyControl Services belong to Bosch. This also applies to any changes to or derivative products of the EasyControl.
Certain components of the EasyControl Applications include open source software, which may be third-party property (“Open Source Software”). The use of Open Source Software is governed by the terms under which the Open Source Software has been made available. The Terms do not apply to the use of Open Source Software.
Article 14 – Privacy
The Bosch privacy statement shall be available for consultation at the EasyControl App and EasyControl Website and is also applicable to these Terms. The privacy statement explains how Bosch deals with the Customer Data in the EasyControl and its related Accessories, EasyControl App, EasyControl Website and EasyControl Services.
The Customer agrees to the Bosch privacy statement by accessing or using the EasyControl and its related Accessories, EasyControl App, EasyControl Website and EasyControl Services.
In case of contradiction, the Terms shall prevail over that of the Bosch privacy statement.
Article 15 – Complaints and service
For questions or concerns regarding the Terms, the EasyControl, Accessories, EasyControl App, EasyControl Website and EasyControl Services the contact information is available on the EasyControl App and EasyControl Website.
If the Customer is a consumer, she/he has the right to file a claim at the Online Dispute Resolution Site of the European Commission via https://ec.europa.eu/consumers/odr/ . However, Bosch will not participate in the complaint handling of such a claim via a dispute resolution body.
The Customer shall note that Bosch can only support regarding questions, malfunctions and/or issues related to the access and usage of the EasyControl and its related Accessories, EasyControl App, EasyControl Website and EasyControl Services. Excluded are all other products not provided by Bosch like the heating appliance (as long as not delivered by Bosch), Third Products or services provisioned by a third party (e.g. a data service delivered by an internet service provider).
The support service might result in additional costs to the Customer. Information about additional costs shall be found in the EasyControl Website.
Article 16 –information on dispute resolution Consumer arbitration
Bosch Thermotechnik GmbH does not participate in dispute settlement proceedings before consumer arbitration boards.
Article 17 - Right and forum choice
Under these Terms and all commitments between Bosch and the Customer, German law applies unless otherwise determined by local mandatory law. The applicability of the United Nations Convention on Contracts for International Sale of Goods (CISG Vienna, April 11, 1980) is explicitly excluded.
If the Customer is a company, all disputes relating to or arising out of or relating to the Terms or the usage of the EasyControl App, EasyControl Website and/or EasyControl Services shall be submitted solely to the competent court in Stuttgart Court. However, Bosch also reserves the right to bring disputes to the court having jurisdiction in the Customer’s domicile.