Terms And Conditions | PS Connectors

Skip to content Skip to navigation

These Terms and Conditions apply to the access and use by Customer of the website https://www.bosch-connectors.com provided by Robert Bosch GmbH, Robert-Bosch-Platz 1, 70839 Gerlingen-Schillerhöhe, Germany (hereinafter: “Provider”), Customer and Provider hereinafter referred to as “Parteien”). The application is directed only to companies in the sense of the German Civil Code (BGB), not to consumers in the sense of the BGB.

Definitions

1.1. “Account” means the authorization to access controlled-access Applications of the Provider. The customer has to register on https://www.bosch-connectors.com for the account. The account is free of charge.

1.2. “Application” means the respective website https://www.bosch-connectors.com including access controlled-areas for registered users with non-binding information about certain BOSCH-products and contact information of regional sales distributors provided by the Provider under these Terms and Conditions.

1.3. “Bosch-ID” means the User ID of the single sign-on authentication service provided by Robert Bosch GmbH, which enables the use of various independent digital service offerings of the Bosch Group, for which a Customer's e-mail address is required. Besides, the opening of a free account by registration on https://www.bosch-connectors.com is necessary to access the access-controlled areas of the application.

1.4. “Customer Data” means 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 or manually generated by the Customer with the Application. Customer Data also includes access and registration data.

1.5. “Usage Data” means all automatically transmitted machine data (sensor or other machine data) or automatically generated system data (e.g. log files, information on utilization or availability of the Application).

Scope of Application

2.1. Provider provides the Application to Customer solely on the basis of these Terms and Conditions and the applicable attachments as referenced herein.

2.2. Terms and conditions of Customer or of third parties will not apply even if Provider does not specifically object to the application of such terms and conditions. Even where Provider refers to a letter containing or referring to Customer’s or a third party’s business terms and conditions, this does not constitute agreement to the application of such business terms and conditions.

2.3. Individual agreements executed between the Parties on a case -by -case basis (including ancillary agreements, supplements and amendments) will in any event take precedence over these Terms and Conditions.

Subject Matter

3.1. The subject matter of these Terms and Conditions are the provision of the website application https://www.bosch-connectors.com for use by Customer, the necessary storage space as well as the granting or procurement of usage rights regarding the Application by Provider. The contents serve exclusively to provide non-binding information without any obligation about the BOSCH-products shown and contact information of the regional distributors which sell the products separately under separate terms and conditions. The contents do not constitute an offer to conclude a contract for the sale of the products shown. The contents are confidential. Contacting the distributors responsible for their sale, whose contact information is presented on the website, is permitted.

3.2. The implementation of an interface integration with Customer’s existing system landscape is outside the scope of these Terms and Conditions.

3.3. Provider has the right to have the services performed by third parties (including affiliates of Provider according to § 15 German Stock Corporation Act (AktG)) as subcontractors.

Provision of Application and Storage Space

4.1. Provider shall make available the then current version of the Application for use in accordance with the provisions of these Terms and Conditions on a server infrastructure provided by Provider or its subcontractors (hereinafter referred to as “Server”).

4.2. Access to the Application by Customer shall be browser-based via the Internet or via an application interface set up by Provider.

4.3. To access and use the access-controlled areas of the application the registration for a free BOSCH-ID and as well a free Account is necessary. Registrations for a Bosch-ID and the Account are the sole responsibility of Customer.

4.4. The Provider shall provide a registration possibility for the free Account on https://www.bosch-connectors.com. The Agreement with these Terms and Conditions, which include the Account and the access credentials are not transferable. Customer is liable for all actions performed under Customer’s Account. Only companies as defined by the German Civil Code may register as customers, consumers as defined by the German Civil Code may not. The customer may only provide complete and truthful information when registering and must keep this data up to date. If the customer discontinues its business operations, it must immediately terminate its user account.

4.5. Customer shall change all passwords into passwords known only to him without undue delay and shall keep them confidential. Provider is not responsible for the consequences of misuse of user passwords.

4.6. Customer Data shall be stored and be regularly backed-up by Provider throughout the duration of the contractual relationship. Customer shall be solely responsible for compliance with retention periods required of Customer under commercial and tax law.

Technical Availability of the Application and the Customer Data

The Application is made available free of charge by the Provider, therefore the Customer is not entitled to uninterrupted availability and/or error-free use of the Application. The Provider does not warrant that the use of the Application will not be interrupted or impaired by downtime, maintenance activities, further developments, updates and upgrades or malfunctions.

Other services by Provider

A separate agreement in writing is required for additional services by Provider, in particular support and integration services (for Customer systems and/or for plant / technical units) and consulting services. Customer has no entitlement to performance of such services.

Usage Rights

7.1. Provider grants to Customer a non-exclusive, non-sub-licensable and non-transferable right to use the Application in the context of the functionalities and the intended use of the Application only according to these Terms and Conditions. Within this framework, Customer is entitled to store and print the provided information, whilst maintaining the existing copyright notices and, for the purposes of the Contract, to reproduce that number of copies thereof which is appropriate.

7.2. To the extent agreed in individual contracts, Customer may permit Customer’s end customers to access the Application provided that this is done solely within the framework of the intended use of the Application for the Customer’s business purposes (e.g. within a product offer by Customer to Customer’s end customers which includes access to individual functionalities of the Application).

7.3. Provider makes the Application available on www.bosch-connectors.com per remote access. It shall not be made available to Customer for Customer’s own permanent storage nor does Customer have the right to make it available itself or to use it in a data center environment.

7.4. If, during the term of the Contract, Provider makes new versions, updates, upgrades, modifications or extensions of the Application available or carries out other changes with respect to the Application, the provisions of Section 8 shall also apply thereto, even if the modifications or extensions were ordered by Customer and paid for separately.

7.5. Customer shall not have any rights not explicitly granted to Customer under these Terms and Conditions. In particular, Customer has no right to:

use the Application and/or the Account beyond the scope of use agreed in these Terms and Conditions or to permit third parties to use it;
make the Application and/or the Account available to third parties; or
duplicate the Application and/or the Account or to provide it for use for a limited period of time, in particular not to lease it or loan it; or
to register its company with incomplete, out of date or untrue information

7.6. Customer is obliged to ensure that the provisions of these Terms and Conditions are complied with.

7.7. If Customer breaches the provisions of Section 7, Provider may, after giving Customer advance notification by eMail, block Customer’s access to the Application if the violation can be rectified by such blocking. The block shall be removed as soon as the reason for the blocking ceases to exist. If Customer continues to violate the provisions of Section 7 or does so repeatedly despite a respective warning by eMail from Provider, Provider is entitled to terminate the contractual relationship for cause without notice unless Customer was not responsible for such breach. Provider’s right to claim damages shall remain unaffected.

7.8. The Provider is the sole owner of the Usage Data and may use and exploit it in anonymous form for any purpose in accordance with the applicable statutory provisions. The Customer warrants that he has not made any agreements with third parties that prevents its use.

Intellectual Property

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

Customer Data

9.1. Customer hereby grants to Provider the right to use, for the purpose of executing the Contract, the Customer Data filed in the storage space for use of the Application, in particular the right to reproduce such Customer Data for this purpose (e.g. for data back-up), to modify it and to provide such Customer Data for the purpose of accessing it.

9.2. Customer warrants that

he and/or his licensors hold all rights to the Customer Data required for the granting of rights under these Terms and Conditions
the Customer Data does not violate these Terms and Conditions or applicable laws and does not infringe the intellectual property of a third party.

9.3. The Customer is responsible for the security of Customer Data. Customer is obligated to regularly backup his Customer Data. Each data backup by Customer shall be performed so that the recovery of the Customer Data is possible at all times.

9.4. Provider is entitled to immediately block Customer’s use of the Application and the storage space if there is justified suspicion that the stored Customer Data is unlawful and/or infringes third-party rights. There is a justified suspicion of unlawfulness and/or of an infringement of rights in particular when courts, authorities and/or other third parties notify Provider thereof. Provider shall then notify Customer of the block, stating the reason for the block. The block shall be removed as soon as the suspicion has been refuted.

Defect Claims

The Application is provided free of charge, therefore the Provider does not assume any warranty for material defects and/or defects of title, except in cases in which the Provider fraudulently concealed the respective material defect and/or defect of title.

Despite careful compilation of the contents, the Provider assumes no liability in particular

with regard to the correctness, topicality and/or completeness of the contents provided; and/or
that the provided contents are free of third party rights; and/or
for the economic or technical usability of the provided contents as well as their usability or suitability for a certain purpose.

Duties and Obligations of Customer

11.1. Customer shall perform all cooperation duties required from Customer for the execution of the contractual relationship. In particular, Customer is obliged to:

change all passwords allocated by Provider into passwords known only to Customer, to keep usage and access authorizations assigned to Customer secret, to protect them against access by third parties and not to disclose them to unauthorized users. These data shall be protected by suitable and effective measures. Customer shall notify Provider without undue delay in case of any suspicion that unauthorized persons might have obtained knowledge of access data and/or passwords;
create the system requirements described in the service description;
comply with the restrictions/obligations with regard to the rights of use under Section 8 and to prosecute any violations of these obligations effectively and with the objective of preventing future violations;
obtain the necessary consent from affected persons to the extent personal data are collected, processed or used within the Application and no statutory or other permission applies;
check data and information for viruses and other malware prior to sending data and information to Provider and to implement anti-virus programs in accordance with the state of the art; and
notify Provider of defects in contractual performances by email immediately (no later than on the following working day) after obtaining knowledge thereof.

11.2. Customer is not authorized:

to obtain access to non-public areas of the Application or to the technical systems on which the Application is based;
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 Application outside of the documented API endpoints;
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 Application;
to decrypt, decompile, disassemble, reconstruct or to otherwise attempt to discover the source code of the Application, any software or proprietary algorithms used, except as permitted under mandatory applicable laws;
to test, scan, or examine the vulnerability of the Application, or
to intentionally utilize devices, software or routines which have a disruptive effect on the applications, functions or usability of the Application or willfully destroy other data, systems or communications, generate excessive load, or harmfully interfere, fraudulently intercept or capture.

Data Privacy

12.1. The Parties shall comply with the applicable provisions of data protection law and commit their employees engaged in connection with the contractual relationship and the execution thereof to data protection, except to the extent that they are already under a general obligation to act accordingly.

12.2. If Customer processes personal data, then Customer warrants that he is authorized to do so in accordance with applicable data protection regulations, and in the event of any infringement, Customer shall indemnify Provider from and against third party claims.

12.3. Provider shall only process Customer Data to the extent required to execute the Contract according to these Terms and Conditions. Customer consents to the processing of such data to this extent.

12.4. To the extent the Customer Data to be processed by Provider is qualified as personal data, such processing by Provider constitutes commissioned data processing. Provider shall comply with the statutory requirements of commissioned data processing and with the instructions of Customer (e.g. to comply with obligations to delete and block). In the event of commissioned data processing, the Parties will enter into a data processing under commission agreement in order to govern the details of data processing.

12.5. The obligations pursuant to Sections 12.1 to 12.4 shall continue to exist as long as Customer Data are in the area of influence of Provider, also after the termination date of the contract.

Changes to the Contract

13.1. The Provider reserves the right to modify Applications provided free of charge, to make new Applications available free of charge or on a fee basis, and to discontinue the provision of free Applications. The Provider will properly consider Customer's legitimate interests in doing so.

13.2. Provider reserves the right to adapt these Terms and Conditions, to changed technical or legal conditions, with regard to further developments or technical progress at any time, such adaptation also being effective with regard to existing contractual relationships.

13.3. Customer shall be notified of such changes by email no later than 30 calendar days before the planned effective date of the changes insofar as the adaptation involves a restriction in the usability of data generated to date or other not only insignificant disadvantages (e.g. adaptation expenses). If Customer does not object within 30 days of receipt of the notification or continues to use the Application after expiry of the period for objection, then the changes shall be deemed to have been effectively agreed as from the expiry date of the time limit. In the event of an objection, the contractual relationship shall be continued subject to the conditions applying hitherto. If an objection is raised, Provider is entitled to terminate the contractual relationship subject to a one (1) month’ notice period. Customer shall be advised of its right to object and of the consequences in the change notification.

Confidentiality

14.1. The Parties shall observe the confidentiality of all information which is to be treated as confidential and obtained in the context of this contractual relationship, or shall, respectively, only use it in relation to third parties, for whatever purpose, subject to the prior written agreement of the other Party. Contacting the respective sales distributor according to the provided contact information is allowed. Information to be treated as confidential includes information explicitly marked as confidential by the Party communicating the information and information where the confidentiality thereof derives from the circumstances of its provision.

14.2. The obligations under Section 14.1 shall not apply to such information or parts thereof for which the receiving Party proves that it

was known to the receiving Party or generally accessible prior to the date of receipt or became known from a third party after the date of receipt in a lawful manner and without any confidentiality obligation; or
was already known to the general public or was generally accessible prior to the date of receipt; or
became known to the general public or became generally accessible after the date of receipt without the receiving Party being responsible for this; or
has waived its right to confidentiality in respect of which the notifying Party has waived its right to confidentiality by means of a written declaration to the receiving Party.

14.3. The Parties shall only make public statements relating to their cooperation subject to their prior mutual agreement. Customer does not have the right to appear as the representative or commercial partner of Provider. Without the prior consent of Provider, Customer is not entitled to use information on envisaged or existing contractual cooperation for reference or marketing purposes.

14.4. The obligations under Section 14.1 shall survive termination of the contract for an indefinite period, as long as a criterion for an exception pursuant to Section 14.2 has not been evidenced.

Liability

15.1. Provider is liable in accordance with the statutory provisions

in the event of intent or gross negligence,
in accordance with the provisions of the German Product Liability Act,
within the scope of a guarantee given by Provider, and
in the event of injury to life or limb or impairment to health of a person.

15.2. In the event of any property and financial damage caused negligently in any other way, Provider and persons engaged by it for the performance of its obligations shall be liable only in the event of a breach of a material contractual obligation, the amount being limited, however, to the damages foreseeable when the contract was entered into and typical of the type of contract; material contractual obligations are those obligations the performance of which is characteristic of the contract and which Customer may rely on (hereinafter referred to as “Material Obligation”).

15.3. Notwithstanding the provision in Section 15.1, in the event of a negligent breach of a Material Obligation evidenced by Customer, the amount of Provider’s liability for all damaging events occurring in the same contract year is limited as follows:

The maximum liability amount per contract year amounts to 100% of the remuneration paid by Customer in the year of the damaging event, however, limited to a maximum of Euro 100,000.
If the maximum liability limit is not reached in one contract year, this does not increase the maximum liability limit in the following contract year. A contract year within the meaning above is the first period of twelve months from the date of provisioning in accordance with the contract and every subsequent twelve-month period.

15.4. Strict liability (“liability without fault”) for defects which already existed when the contract was concluded, is excluded.

15.5. Subject to Section 17.1 Provider shall not be liable for the loss of Customer Data if the damage is due to Customer’s failing to back up data in accordance with Section 10.3 and thus to ensure that lost Customer Data can be recovered with reasonable effort.

15.6. The foregoing limitations of liability shall also apply in the event of fault by a person engaged by Provider in the performance of its obligations and to the personal liability of employees, representatives and corporate bodies of Provider.

15.7. With regard to telecommunications services, the limitations of liability pursuant to Section 44a of the German Telecommunications Act (TKG) shall remain unaffected.

15.8. As far as the Application is provided free of charge the Provider assumes no liability for damages resulting from the use of the Application, except in cases of gross negligence and/or intent. Liability for damages under the German Product Liability Act is not excluded.

Term, Termination

16.1. Except as otherwise agreed, the Contract shall be entered into for an indefinite period and shall enter into force upon Customers consent to these Terms and Conditions in the process of Registration for the Account.

16.2. Unless otherwise agreed, the contractual relationship may be terminated by either Party at any time by giving one month’s notice by eMail or for the Customer additionally as an option in the access controlled area of the Application to the end of a calendar month. Termination of the contractual relationship simultaneously includes the termination on the next possible date of the Account of the Customer. Termination of these Terms and Conditions does not affect the contractual relationship regarding the Bosch-ID.

16.3. The Parties’ right to terminate for cause without notice shall remain unaffected. Cause is deemed to exist if

16.4. Upon termination of the contract all authorizations and registrations of Customer under this contract, with exception of authorizations for the Bosch-ID, shall simultaneously end automatically. The authorization for the Bosch-ID has to be in accordance with the terms applicable to the Bosch-ID.

Obligations upon and after Termination of the Contract

The Provider shall delete Customer Data from all Provider systems one month after termination of the contract, unless there are legal retention periods to the contrary. The Customer is obliged to export and save the Customer Data on his own responsibility and his own expenses in good time before termination of the contract or expiry of the aforementioned period.

Export Control

18.1. Customer is aware that the use of the Application may be subject to import/export restrictions. In particular there may be approval requirements, or use of the Application and related technologies may be subject to restrictions/limitations in foreign countries.

18.2. Customer shall comply with respectively applicable national and international import/export control regulations, and with all other relevant regulations.

18.3. Provider’s fulfilment of the contract is subject to such fulfilment not being opposed by impediments due to national or international import/export regulations or by any other statutory provisions.

18.4. Delays due to export examinations or approval procedures render deadlines and delivery dates inapplicable. If necessary approvals are not granted or if the delivery and service are not capable of being approved, the contract shall be considered not concluded with respect to the parts affected.

18.5. The Provider has the right to terminate the contract without notice if such termination is necessary for the Provider in order to comply with national or international legal provisions. In the event of termination the Customer is excluded from raising a claim for any damage or other rights on account of the termination.

18.6. The Application shall not be utilized for military purposes or for nuclear technology purposes.

Miscellaneous

19.1. The contractual relationships between the Parties shall be governed by the substantive laws of the Federal Republic of Germany. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) and the German Conflict of law rules areexcluded.

19.2. Legally relevant statements and notices to be delivered to Provider by Customer after conclusion of the Contract (e.g. setting of time limits, notification of defects, and declaration of rescission or price reduction) must be made in text form in order to be effective.

19.3. Should any provision of these Terms and Conditions be or become invalid or unenforceable, this shall, however, not affect the remaining provisions.

19.4. The courts of Stuttgart, Germany, have exclusive jurisdiction and venue.

Robert Bosch GmbH
Last amended: 04.06.2021
BOSCH and the corporate logo are registered trademarks of Robert Bosch GmbH, Germany