App Terms of Use

LAST MODIFIED: [MONTH] [DATE], 2021

1.             Overview.

General. Robert Bosch Tool Corporation and its subsidiaries and affiliates (collectively, “Bosch”) provide Dremel® brand products, including rotary tools with digital connectivity capability purchased through an authorized dealer of Dremel® brand products (such products referred to in the Terms collectively as “Dremel Products”) and the related services and systems, including the “Dremel Mobile App” software application (hereinafter the “Software,”) that may be downloaded to your mobile device (e.g., smartphone or tablet). The Software may be used to learn about your Dremel Product(s) and Dremel Product accessories, recommended Dremel Product settings for various materials, applications and accessories and Dremel® brand accessories, to contact Dremel customer service, and for compatible Dremel Products, to control, monitor and manage your compatible Dremel Product (the “Services”). Notwithstanding anything provided in the Services, you should always refer to the operating/safety instructions in your Dremel Product’s owner’s manual prior to using your Dremel Product or any accessories.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SOFTWARE OR THE SERVICES.

BY ACCESSING OR USING THE SOFTWARE OR THE SERVICES, YOU AND THE INDIVIDUAL OR THE ENTITY YOU REPRESENT ACCEPT AND ACKNOWLEDGE THAT THE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND BOSCH WHICH GOVERNS YOUR USE OF THE SOFTWARE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SOFTWARE OR THE SERVICES.

Intended Use of Services.  The Services are intended to be accessed and used for (i) non-time-critical information; and (ii) to learn about your Dremel Product(s) and Dremel Product accessories, recommended Dremel Product settings for various materials, applications and accessories and Dremel® brand accessories, to contact Dremel customer service, and for compatible Dremel Products, to control, monitor and manage your compatible Dremel Product. The Services are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Bosch’s control, such as service provider downtime, failure of mobile notifications and carriers, among others.

Complete Terms.  By accessing or using the Software or the Services, you agree to these Terms, and acknowledge that you have read the Dremel Mobile App Privacy Policy located at [INSERT APP PRIVACY POLICY URL] (“Privacy Policy”) and consent to the collection and use of your personal information as described in the Privacy Policy. These Terms also incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at https://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement (together, “Apple Terms”), and (b) the Google Inc. (“Google”) Google Play Terms of Service (located at https://play.google.com/about/play-terms.html) including, without limitation, the Google Play Business and Program Policies (located at https://policies.google.com/terms) (together, “Google Play Terms”). To the extent there may be a conflict among these Terms, the Apple Terms, the Google Play Terms, these Terms control.

2.             Eligibility, System Requirements, Updates.

Eligibility.  The terms “you,” and “end user” as used in these Terms, means any (i) person 18 years of age or older, or (ii) entity, who accesses or uses the Software or the Services. Only persons aged 18 years or older may use the Software or the Services. By using the Software or the Services, you represent and warrant that you are at least 18 years old and otherwise have the capacity to contract.

Use in the US and Canada.  The Software and the Services are only intended for use by end users residing or using the Software or the Services in connection with facilities located in the United States or Canada (the “Territory”). If you use or attempt to use the Software or the Services from outside of the Territory, end users do so at their own risk and must comply with applicable laws (including data privacy regulations) in these other countries. Bosch makes no representations or warranties that the Software or the Services will operate or comply with applicable laws anywhere other than in Territory.

System Requirements.  The Services will not be accessible without mobile devices such as a smartphone or tablet (“Devices”); and (ii) other system elements that may be specified by Bosch. Access to some of the Services may require (i) an Account (as such term is defined below) and (ii) working access to data or cellular connectivity that can communicate reliably with the applicable Device(s). It is your responsibility to ensure that: (1) you have all required system elements, and (2) they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.

Software Updates.  From time to time Bosch or third parties providing the Software may develop upgrades, updates, patches, bug fixes and other modifications to improve the performance or compatibility of the Software and/or the Services (“Updates”). You acknowledge and agree that Updates will either be manually installed with notification or automatically installed on your Devices without providing any additional notice to you or receiving any additional consent from you. You acknowledge that you may be required to install Updates to use the Software with the Dremel Product and you agree to promptly install any Updates if so required. You acknowledge that you shall be liable for any damages that occur as a result of your failure to install Updates as recommended by Bosch. These Terms shall apply to any Updates that are made available to you by Bosch at any time, unless such Updates are governed by a separate license agreement.

3.             Accounts.

Your Account.  You are not required to register for a Dremel user account (“Account”) to use the Dremel Product with the Software. However, if you have an Account, or if you register for an Account, you can access some of the features of your Account with the Software via the Services, such as upload projects, save tools, and view favorited projects. During the registration process, you must provide certain information about yourself and the entity you represent as prompted by the Account registration form. You represent and warrant that: (a) all required Account information you submit is truthful and accurate; (b) the Account information does not include any personal information regarding any individual other than you; (c) you will maintain the accuracy of such information; (d) your use of the Software or the Services does not violate any applicable law or regulation; and (e) your facility(ies) or your residence(s) where you will use the Software or the Services is (are) in the Territory. You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your Account, and to maintain your password securely to prevent others from gaining access without your permission. You agree to immediately notify Bosch of any unauthorized use, or suspected unauthorized use, of your Account, the Software, the Services or any other breach of security. Bosch is not liable for any loss or damage arising from your failure to comply with the above requirements.

Because the Dremel Mobile App is accessible online and through the internet, Bosch will assume that any activity taken through your Account or using your Account credentials is authorized and directed by you. You are legally responsible for all activities that occur under or with respect to your Account, even if a person gained access to your Account without your permission. We have no obligation to investigate the authorization or source of any access or use of the Dremel Mobile App that purports to be you, such as activity through your Account.

Dremel User Account.  You may register for certain Dremel online offers an Account. Your registration for and use of your Account is subject to the Dremel Account terms of use (available at [INSERT URL]). The collection and use of your personal data for the Dremel Account is described in the Dremel Account privacy policy (available at [INSERT URL]). You are fully responsible for all actions taken with the Software and the Services under your Account. Do not to give access to your Account, the Software or the Services to any third party.

4.             Access to Software and Services; Certain Limitations and Restrictions; Termination.

Access and Use.  Subject to these Terms, Bosch grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, right to access and use the Services to learn about your Dremel Product(s) and Dremel Product accessories, recommended Dremel Product settings for various materials, applications and accessories and Dremel® brand accessories, to contact Dremel customer service, and for compatible Dremel Products, to control, monitor and manage your compatible Dremel Product (the “Permitted Purpose”). Subject to these Terms, Bosch grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, right to install the Software only for use on your Device or the Device(s) of the entity you represent (e.g., iPhone, iPad, or Android smartphone) for the Permitted Purpose.

Bosch reserves the right to modify any Services provided free of charge, to make new Services available either free of charge and/or on a fee basis, and to discontinue the provision of free Services at any time in its sole discretion.

Restricted Activities.  The rights granted to you in these Terms are subject to the following restrictions: You may not (i) rent, lease, sublicense, sell, transfer, assign, redistribute, host, or otherwise commercially exploit the Software or the Services; (ii) modify, make derivative works of, disassemble, reverse compile, attempt to find the source code of, or reverse engineer any part of, the Software; (iii) access the Software or the Services in order to build a similar or competitive service; (iv) except as expressly stated herein, copy, reproduce, distribute republish, download, post, display or transmit any part of the Software or the Services in any form or by any means; (v) upload, transmit, or distribute any computer viruses, worms, Trojan horses, malware, spyware, adware or any software intended to delay, disrupt, damage, alter or interfere with a computer or communication network, computer, handheld mobile device, data, the Services, the Dremel Products, or any other system, device or property; (vi) interfere with, disrupt, or attempt to gain or facilitate unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) access (or attempt to access) any of the Services by means other than through the interface(s) provided by Bosch; (viii) access or use the Services in a way intended to avoid incurring fees; (ix) remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Software or the Services (x) make the Services and/or your Account available to third parties or allow third parties to use the Services and/or your Account; (xi); test, scan or investigate the Software or the Services for vulnerability, and/or breach, compromise or circumvent the Software or the Services’ security or authentication measures; or (xii) use devices, software or routines intentionally which have a disruptive effect on the Services’ functions or usability or destroy other data, systems or communications deliberately, generate excessive load, interfere maliciously or intercept or take over fraudulently any Software of Services (or part thereof). Any future release, update, or other addition to functionality of the Software or the Services shall be subject to these Terms.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING TERMINATION PROVISION DOES NOT APPLY TO YOU.

Termination, Suspension.  These Terms will remain in full force and effect so long as you continue to access or use the Software or the Services, or until terminated in accordance with the provisions of these Terms. Bosch reserves the right, at any time, to modify, suspend, or discontinue the Software or the Services or any part thereof with or without notice. You agree that Bosch will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Software or the Services or any part thereof. Without limiting the above, the Services may may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. Bosch does not offer any specific uptime guarantee for the Services.

Location-based Services.  Location-based services may require information from your Device to provide functions. For example, your app platform (e.g., Android or iOS) may require “coarse” location data in order to enable a Bluetooth connection between your Dremel Product and your Device. Bosch does not receive any location data in this case. Certain location-based features, such as Bluetooth scanning and connection, will be unavailable if you disable the location services setting.

The Software also can collect anonymized usage data that includes “coarse” location tracking. You must opt in to activate this functionality. You can learn more by reading our Privacy Policy available at [INSERT URL]. When you activate such location-based features within the Software, certain location-related and usage information will be sent to Bosch in an anonymized form, in order to process your request and help improve Dremel Products and Services. Such location and usage data is transmitted to Bosch in a form that does not personally identify you. By using the location services and use features on Dremel Products, you consent to Bosch’s and its agents’ transmission, collection, maintenance, processing, and use of this information, to provide and improve Dremel Products’ features and service, other Dremel products and services, and Bosch marketing initiatives. If you have opted-in, you may subsequently opt-out of Bosch using such information for marketing purposes and to improve Dremel products and services, at any time, by logging out of the software from the profile tab, and then declining to share your information when you log back into the service. Bosch may also provide such information, in either an aggregated or non-personally identifiable form, to its partners and licensees to help them better understand how the Software and Dremel Products are being used.

5.             Third-Party Products and Services.

General.  Certain aspects of the Services rely on or interoperate with third party products and services (“Third Party Technology”). The Third Party Technology may include data storage, synchronization, and communication through Microsoft Azure, Tealium, Google, or other alternative . You acknowledge that the availability of the Services is dependent upon (i) the proper installation, treatment and upkeep of your Dremel Products, (ii) your Device(s), computer, internet connectivity wiring, wireless connection, and other related associated equipment (“Associated Equipment”), (iii) your Internet service provider (“ISP”), (iv) your Device(s)’ carrier(s) (“Carrier”), and (v) the App Stores from which you download the Software. You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier. These third party products and services are beyond Bosch’s control, but their operation may impact the use and reliability of the Services. YOU AGREE NOT TO RELY ON THE SERVICES FOR ANY PERSONAL SAFETY OR TIME-CRITICAL PURPOSES.

Release Regarding Third Parties.  Bosch is not responsible for third parties or their products and services, including Third Party Technology, Associated Equipment, ISPs, Carriers and App Stores (collectively, “Third Party Products and Services”). Bosch hereby disclaims and you hereby discharge, waive and release Bosch and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and Third Party Products and Services. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.

Disclaimer.  YOU ACKNOWLEDGE AND AGREE THAT: (I) THE USE AND AVAILABILITY OF THE SERVICES IS DEPENDENT ON THIRD PARTY PRODUCTS AND SERVICES; (II) THE THIRD PARTY PRODUCTS AND SERVICES MAY NOT OPERATE IN A RELIABLE MANNER AND THEY MAY IMPACT THE WAY THAT THE SERVICES OPERATE; (III) BOSCH MAKES NO REPRESENTATION OR WARRANTY ABOUT THE OPERATION, USE, SAFETY OR RELIABILITY OF ANY THIRD PARTY PRODUCTS AND SERVICES; (IV) BOSCH IS NOT RESPONSIBLE FOR ANY THIRD PARTY’S COLLECTION, USE, PROTECTION, DISCLOSURE OR OTHER PROCESSING OF PERSONAL INFORMATION; AND (V) BOSCH IS NOT RESPONSIBLE FOR DAMAGES AND LOSSES DUE TO THE OPERATION OF THE THIRD PARTY PRODUCTS AND SERVICES OR THE DATA SERVICES, INCLUDING ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE (INCLUDING TO YOUR HOME OR FACILITY), INTERRUPTION OF SERVICE, DOWNTIME, PRIVACY BREACH, DATA LOSS, OR ANY OTHER HARM OR LOSSES ARISING FROM OR RELATING TO YOUR USE OF ANY OF THE SERVICES OR THIRD PARTY PRODUCTS AND SERVICES.

6.             Customer Data; Processing of Data.

Customer Data.  You warrant that: (a) you and/or your licensors hold all rights to all data, information (including, but not limited to, personal information), content or material provided by you or on behalf of you in connection with your access to the Software or the Services (the “Customer Data”), including as required for the use rights to the Software or the Services granted under these Terms and to grant the rights to the Customer Data as set forth in below; and (b) the Customer Data does not violate these Terms or any applicable laws and does not infringe the intellectual property or privacy rights of a third party.

You hereby grant to Bosch the right to use the Customer Data, for the purpose of providing the Services, in particular the right to reproduce such Customer Data for this purpose.

You understand and agree that the Customer Data will be kept by Bosch using the Microsoft Azure service at one or more data centers in the United States, and will be accessible to service operations team members and Bosch affiliates who have a need to access such information for the purposes of providing and supporting the Services, including Bosch affiliate team members from other jurisdictions. You shall regularly back up the Customer Data (whether by data export or platform-provided backup procedure). Bosch is not responsible for data loss associated with failure to back up or otherwise export Customer Data. You further understand and agree that Bosch may transfer, store or otherwise process Customer Data outside the country where you are located, including to affiliates and service providers and accordingly, any personal information contained therein may be accessible to foreign courts, law enforcement and national authorities. Please refer to our Privacy Policy for more information.

You confirm that, by providing personal information to Bosch, you are aware that the transmission of information via the internet is not completely secure. Although Bosch will endeavor to protect your personal information, we cannot guarantee the security of your personal information transmitted via the Services. Any transmission is at your own risk. Once we have received your personal information, we will use industry standard procedures and security features to secure your personal information from unauthorized access.

Bosch is entitled to immediately suspend your use of and access to the Services if there is reasonable belief that the applicable Customer Data is unlawful and/or infringes third party rights. For example, Bosch has the right to suspend your use of and access to the Services if a court, other authorities and/or any third party notifies Bosch of your unlawful or potential unlawful use of the Services, or of an infringement of third party rights. Bosch shall notify you of the suspension, stating the reason for such suspension. The suspension shall be removed as soon as practicable after the reasons for the suspension are no longer present.

Processing of Data.  Our processing of information collected through the Services is described by our “Privacy Policy,” which is located at the following website: [INSERT PRIVACY POLICY URL]. You agree that all information you provide to us is true, accurate, and complete, and you will maintain and update such information regularly. The main function of the Services is to allow you to learn about your Dremel Product(s) and Dremel Product accessories, recommended Dremel Product settings for various materials, applications and accessories and Dremel® brand accessories, to contact Dremel customer service, and for compatible Dremel Products, to control, monitor and manage your compatible Dremel Product.

7.             Ownership and Intellectual Property

Bosch Property.  You acknowledge that all right, title and interest in, to and associated with intellectual property rights, including without limitation registered and unregistered copyrights, patents, trademarks, and trade secrets, in the Software and Services, including any Content (as defined below) forming any part of the Services or Dremel Mobile App, are owned by Bosch or its affiliates or licensors. End users’ possession, access, and use of the Software and Services does not transfer to end users or any third party any rights, title, or interest in, to or associated with such intellectual property rights. Bosch and its affiliates, licensors and suppliers reserve all rights not granted in these Terms. The Software and Services are licensed to end users, not sold, under these Terms. End users may not use the content of the Software or Services in any other public or commercial way, nor may end users copy or incorporate any of the Content of the Software or Services into any other work.

For the purposes of this Section 7, the term “Content” means all materials and content including designs, editorials, text, graphics, audiovisual materials, multimedia elements, photographs, videos, music, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work, as well as source code, processes, designs, technologies, URLs, domain names, trademarks and logos forming any part of the Dremel Mobile App.

The Dremel Mobile App may link to or otherwise make available Content from third parties (collectively, “Third Party Content”). That Third Party Content is theirs and not yours, and may be governed by terms and conditions applicable to Third Party Content. Nothing in these Terms grants you any right, title or interest in, or ownership of Third Party Content.

Feedback.  End users may choose to, or Bosch may invite end users to submit comments, suggestions, or ideas about the Software or Services, including how to make improvements (“Ideas”). By submitting any Ideas, end users agree that their submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Bosch under any fiduciary or other obligation. Bosch may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation or attribution to end users. End users also agree that Bosch does not waive any rights to use similar or related ideas previously known to Bosch, developed by its employees, or obtained from other sources.

Copyright Notice.  The Software, Services, and all Content therein is owned by Bosch and its licensors, and is licensed to you in accordance with these Terms only. All rights are reserved.

Trademark Notice.  The trademarks, logos, and service marks displayed on or through the Software, Services and/or the Dremel Mobile App are the property (whether registered or unregistered) of Bosch, and its licensors. You are not permitted to use Bosch trademarks, logos and service marks for any purpose without Bosch’s prior, written consent.

8.             Open Source Software.

The Software may include open source software and third party software under royalty free licenses (“FOSS”).

The FOSS in the Software is subject to FOSS license agreements (“FOSS-Licenses”) which is located at the following website: [INSERT  FOSS URL]. Pursuant to these FOSS-Licenses, Bosch has to pass on to you their terms and conditions and you have to comply with these terms and conditions and fulfill respective obligations when using the FOSS in another way than merely installing and running it internally on your machines, e.g. through further disposal of the product, as by distribution, selling, or otherwise passing it on to a third party. The rights under the FOSS-Licenses are being granted to you, and in the event of you passing on a copy of the product to another party, the terms and conditions of the respective FOSS-Licenses apply to the distribution of any included FOSS (in some cases, the FOSS-License provides a direct license from the author/licensor of the FOSS to the third party). For many FOSS-Licenses, BOSCH itself can neither grant nor obtain these rights for you. The applicable FOSS-Licenses are available on the internet address of the provider of the FOSS or will be made available by BOSCH upon your request.

The FOSS itself does not contribute to the sales price of the Services and thus is provided without royalty or monetary compensation.

You have to, either expressly, or implied by amendment or adaptation of the FOSS, accept and take responsibility for Your compliance with the applicable FOSS-Licenses. Further, you have to agree that updates or new versions of the Services may contain different or additional FOSS or changes in the FOSS-Licenses.

If any terms or restriction of this Agreement conflict with the license conditions of FOSS included in this product, the terms and conditions of these FOSS-Licenses shall prevail.

9.             Indemnification.

You agree to defend, indemnify and hold Bosch and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the Software, (ii) your use of Services, (iii) your violation of these Terms, (iv) any Ideas you provide; or (v) your violation of any law or the rights of any third party. Bosch reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bosch and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Bosch’s prior written consent. Bosch will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10.          Warranty Disclaimers.

(a)           Disclaimers of Warranties.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE WARRANTY DISCLAIMERS CONTAINED IN THIS SECTION 10 DO NOT LIMIT YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.

(i)            EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, THE SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND BOSCH MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE SOFTWARE OR SERVICES, OR ANY MATTER WHATSOEVER. BOSCH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT.

(ii)           TO THE EXTENT APPLICABLE, FREE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND BOSCH MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE FREE SERVICES. BOSCH DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT. ADDITIONALLY, BOSCH DOES NOT WARRANT THAT THE FREE SERVICES WILL MEET ANY CUSTOMER REQUIREMENTS OR THAT THE FREE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED. BOSCH DOES NOT WARRANT THAT THE USE OF FREE SERVICES WILL NOT BE IMPAIRED BY DOWNTIME, MAINTENANCE ACTIVITIES, FURTHER DEVELOPMENTS, UPDATES AND UPGRADES OR MALFUNCTIONS.

(b)           Limitations on Liability.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION DO NOT RELEASE BOSCH FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES.

(i)            BOSCH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR ANY OTHER CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER LOSSES), ARISING OUT OF ANY USE OF THE SOFTWARE OR THE SERVICES OR ANY PERFORMANCE OF THESE TERMS (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICE(S), OR SECURITY BREACHES RELATED TO THE SERVICE(S)).

(ii)           BOSCH’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED 100 US DOLLARS. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

(c)           The limitations of this Section 10 shall apply regardless of whether any remedy set forth herein fails in its essential purpose or otherwise.

11.          Apple iOS Special Terms and Conditions.

If you use an iOS product, such as an iPhone or iPad (an “iOS Device”) with the Dremel Mobile App, you agree to the following terms and conditions (“Apple Special Terms”) to the extent they apply to your use of the iOS Device. Nothing in the Apple Terms or these Apple Special Terms will be deemed to change or limit our agreement with you. 

Acknowledgement.  You and Bosch acknowledge that these Terms are concluded between you and Bosch only, and not with Apple, and that as between Bosch and Apple, Bosch is solely responsible for the Services and the content thereof.

Additional License Terms.  Your right to use the Services is limited to use on an iOS Device owned or controlled by you as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms.

Additional Usage Rules.  In addition to the usage rules set forth in these Terms, you shall comply with the Usage Rules contained in the Apple Terms.

Maintenance and Support.  You and Bosch acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Dremel Mobile App.

Warranty.  As between Apple and Bosch, Bosch is solely responsible for any warranties related to the Software or Services, to the extent not disclaimed or limited above. In the event of any failure of the Software or Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Services to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation to you whatsoever with respect to the Services, and, subject to the above disclaimers and limitations of liability, as between Apple and Bosch, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of us to conform to any warranty will be Bosch’s sole responsibility.

Product Claims.  You and Bosch acknowledge that as between Apple and Bosch, Bosch is responsible for addressing any claims of you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

Intellectual Property Rights.  You and Bosch acknowledge that, in the event of any third-party claim that the Services or your possession and/or use of the Services infringe that third party’s intellectual property rights, as between Apple and Bosch, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

Third Party Beneficiary.  Apple and Apple’s subsidiaries are third party beneficiaries of the Terms, and all agreements incorporated into the Terms by reference. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

12.          Google Play Special Terms and Conditions.

If you use an Android device (“Android Device”) and download the Services through Google Play, you agree to the following terms and conditions (“Google Play Special Terms”) to the extent they apply to your use of the Android Device. Nothing in the Google Play Terms or these Google Play Special Terms will be deemed to change or limit our agreement with you.  

Acknowledgement.  You and Bosch acknowledge that these Terms are concluded between you and Bosch only, and not with Google, and that as between Bosch and Google, Bosch is solely responsible for the Services and the content thereof.

Technical Support.  You may only contact Bosch concerning any defects or performance issues in the Services downloaded and installed from Google Play. Bosch is solely responsible for, and Google will have no responsibility to undertake or handle support and maintenance of the Services. Bosch will strive to respond to customer support inquiries  promptly.

Intellectual Property Rights.  You and Bosch acknowledge that, in the event of any third-party claim that the Services or your possession and/or use of the Services infringe that third party’s intellectual property rights, as between Google and Bosch, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

13.          Governing Law; Venue.

If you are a resident of the United States, (i) these Terms and Conditions will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of laws provisions; and (ii) you. You consent to exclusive jurisdiction in the state courts of Michigan with venue in the County of Oakland.

IF YOU ARE A CONSUMER SUBJECT TO THE QUEBEC CONSUMER PROTECTION ACT, THE IMMEDIATELY FOLLOWING JURISDICTION PROVISION DOES NOT APPLY.

If you are a resident of Canada, (i) these Terms will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts of laws provisions; and (ii) you consent to exclusive jurisdiction in the courts of the Province of Ontario.

14.          No Assignment.

These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by Bosch without restriction. Any attempted assignment by you will be null and void.

15.          Export Control.

Access to the Software and the Services is subject to local and international export and re-export control laws and sanctions regulations. You agree to comply with all applicable export and re-export control laws and sanctions regulations, of the Federal Republic of Germany, the European Union, the United States of America, Canada and the United Nations or any other applicable jurisdiction.

You acknowledge that the Software or the Services may be accessed from any geographic location. You shall not - directly or indirectly – provide access to the Software or the Services to any destination, entity, or person prohibited or sanctioned by the laws and regulations of the Federal Republic of Germany, the European Union, the United States of America, Canada, the United Nations or any other applicable jurisdiction.

You shall not use the Software or the Services, or data resulting from the Software or the Services, directly or indirectly, for nuclear, chemical or biological weapons proliferation, development of missile technology or any other military purpose.

You shall indemnify, to the fullest extent permitted by law, Bosch, its affiliates, and their respective officers, directors, employees and agents from and against any and all fines, penalties or other cost arising from or in connection with your violation of any applicable export and re-export control law, sanction or regulation.

This Export Control section shall survive termination or cancellation of the contractual relationship between you and Bosch.

16.          Force Majeure.

Any delay in the availability of the Services or non-performance of the Services shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers), labor strike or walk-out, act of God, or any other event beyond the reasonable control of Bosch or its service providers.

17.          Notices.

You agree that we may provide notices to you of changes to these Terms and/or our Privacy Policy, in one or more of the following ways: (a) a pop-up notice, web banner, push notification or other notification on or through Services; or (b) an email or regular mail sent to an address you provided.

18.          Customer Support.

Specific questions about the Services should be referred to Dremel at dremelapp@epowercenterdirect.com.

19.          Changes to these Terms.

Bosch may change these Terms in its sole discretion at any time. Bosch shall notify you of any such change by email no later than thirty (30) calendar days prior to the planned effective date of such change insofar as the changes concern a material restriction in the usability or functionality of the Software or the Services or any material change to these Terms. If you do not object within thirty (30) days of receipt of such notification and continues to use the Software or the Service after expiration of such thirty (30) day period, then the changes shall be deemed accepted by you. In the event of an objection by you, the contractual relationship shall be continued subject to the conditions applying herein, and Bosch may terminate the contractual relationship subject to a one (1) months’ notice to you. Bosch will advise you of its right to object and of the consequences such objection in the change notification.

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