Terms of Use NEVONEX

1. Scope of Terms of Use
   1. These terms of use ("Terms of Use") apply to access to NEVONEX ("NEVONEX"), a service offered by NEVONEX GmbH ("Provider"), to the use of services offered via NEVONEX by the Provider ("Services") by registered end users ("User"). Provider offers the Services for its affiliated companies and other third parties. Depending on where you reside, there may be separate supplemental terms relating to your registration and use of the Services, as outlined in the relevant “Supplemental Terms – Jurisdiction-Specific” section below, in which case you also hereby agree to such Supplemental Terms – Jurisdiction-Specific. 
   2. These Terms of Use also apply to any future contracts between the User and the Provider for Services that are concluded between the User and the Provider via NEVONEX, unless agreed otherwise in a signed agreement.
   3. The User may retrieve and print out the currently valid Terms of Use at https://my.nevonex.com/en/terms.
2. Formation of the Contract
   1. The Provider and the User enter a contract ("Contract") by completing the registration process and activating a user account.
   2. Upon formation of the Contract, the User may use (i) certain free Services ("Basic Services"), as well as other services offered by third parties ("Partners") ("Partner Services"), subject to the terms and conditions of these Terms of Use or any other applicable terms.
3. Services and Availability
   1. The Services include but are not limited to the provision of functions such as administration of NEVONEX Boxes, allocation of Partner Services to specific NEVONEX Boxes, administration of Machines and visualization of data (“Content").
   2. The type and scope of the Services provided, as well as details on their technical requirements and availability, can be found in the service description at https://www.nevonex.com/your-start/. The service description merely describes the Service. It contains no agreements on quality or guarantees.
   3. Access to the Services shall, at the discretion of the Provider, be either browser-based via the domain https://www.nevonex.com/your-start/ ("Website"), as an app for use on compatible mobile devices, such as smartphones or tablets ("App"). Individual Service functions may be restricted from case to case depending on access option.
   4. Availability:
      1. The Provider shall strive to ensure that the Basic Services can be used with as little interruption as possible within the scope of its technical and operational possibilities. However, there is no entitlement to uninterrupted use. It cannot be guaranteed that access to or use of Services will never be interrupted or impaired by maintenance work, further developments, or other disruptions.
      2. For Partner Services the availability will be regulated in the agreement between the User and the Partners.
4. Usage Requirements
   1. Access to NEVONEX and use of the Services require registration of a User as set forth in Section 5
   2. The User is directly responsible for meeting the technical requirements necessary for contractual use of the Services in the User’s area of responsibility (in particular any required hardware, web browser, smartphone, internet access).
   3. To use the Services via an App, the User must download and install the App on his smartphone or tablet. The App is available for Android and iOS. It must be installed via the respective app store. Details on technical requirements, functions, and operating instructions are available at https://www.nevonex.com/your-start/. The operating notices merely describe the Service. They contain no agreements on quality or guarantees.
   4. The Provider may provide updates of the App, e.g. to close security gaps or to eliminate bugs. The User is obligated to install updates immediately and to always use the latest available version of the App.
   5. The User may uninstall the App or delete his user account at any time (see Section 12). In that case, the User will lose access to the Services via the App. Obligations towards Partners for payment of usage fees that have arisen for Partner Services shall remain unaffected by uninstallation of the App or deletion of the user account.
   6. Some of the Services may require special, compatible hardware that must be coupled with the App and the user account. The specific functions to which this applies are listed in the service description. If the User is no longer entitled to use the hardware (e.g. due to sale), he is obligated to immediately uncouple the hardware.
5. Registration, User Account
   1. Registration takes place upon the first launch of the App or via the Provider's Website. It requires a central Bosch ID subject to separate terms of use. The User will be separately informed of them during registration for the central Bosch ID.
   2. After entering the login data for the central Bosch ID, the User is asked to provide additional information, e.g. name, country, address, phone number ("Registration Data"). These Registration Data must be complete and correct. In order to complete registration and submit the Registration Data, the User must accept these Terms of Use.
   3. By submitting the Registration Data, the User makes an offer to the Provider to enter into the Contract based on these Terms of Use. The Provider will accept the User’s offer by sending the User an email confirmation and activating the user account.
   4. The Provider reserves the right to verify the identity of the User immediately after sending the Registration Data or at a later point in time, for example by clicking an activation link sent to the User's e-mail address or by entering a code sent to a mobile phone number of the User. The user account will remain blocked as long as the User has not provided the required verification. If the registration is not completed, the Provider reserves the right to delete the incompletely registered user account.
   5. The text of the Contract, including these Terms of Use and the service description, will be emailed to the User with acceptance of the contract offer or with the notification about this. The Contract text is not stored by the Provider.
   6. There is no right to registration. The Provider can refuse registration at any time and without giving reasons.
   7. Any natural person is only allowed to register once with a user account. User accounts cannot be transferred.
   8. The User is always obligated to keep the Registration Data stored in his user account up to date.
   9. The User is obligated to handle his access credentials with care, not to disclose them to any third parties and/or not to allow any third parties to access his user account by circumventing the access credentials. The User is liable for any activities performed using his user account and which the User is responsible for. The User shall immediately change the password for his user account if he has reason to believe that the access credentials may have become known to unauthorized persons.
6. Partner Services
   1. NEVONEX offers the User the possibility to use Partner Services from Partners, e.g. connection to Farm Management Information Systems or direct machine control. Orderings of the User as well as the payment for Partner Services are handled outside of NEVONEX.
   2. The contract for the respective ordered Partner Services is concluded directly and exclusively between the User and the respective Partner. The Provider shall not become a contractual Partner and shall not assume any responsibility for a contract concluded with a Partner for Partner Services. The Provider is not a representative of the Partner. The Partner is solely responsible for the provision of its Partner Services, any complaints from the User and any other matters arising from the contract between the User and the Partner. The Provider does not warrant the accuracy and completeness of the information provided and declarations made by the Partner.
   3. Partner Services are generally subject to separate terms and conditions of the Partners. Payment for Partner Services shall be made directly to the Partner.
7. User Content
   1. The Provider may enable the User to post, upload, store, share, send, or display his own Content ("User Content") via NEVONEX and make it available to third parties ("Transmit"), subject to the following provisions.
   2. The User commits towards the Provider not to Transmit any User Content that violates the Terms of Use, applicable law, or good morals, in terms of Content, form, design, or in any other manner. In particular, the User commits to observing the applicable law (e.g. criminal, competition, and youth protection law) when Transmitting User Content and to not infringing any third-party rights (e.g. name, trademark, copyright, picture and data protection rights).
   3. As far as a Service is available to the User to allow the User to communicate and interact with other users, the Provider may set rules of conduct for this purpose.
   4. The User shall remain the owner of his User Content.
   5. By Transmitting User Content, the User grants the Provider an irrevocable, non-exclusive, royalty-free right of use to the User Content, without limitation in terms of space, time, and Content and transferable to third parties for the purpose of providing NEVONEX and the Services offered through it. The Provider shall be entitled at any time to use, edit, in particular to change, shorten, supplement, and combine the User Content with other Content and advertising material, and to exploit the User Content for the purposes stated in Section 5. The Provider shall not be entitled to use the User Content for any other purposes. This shall include in particular the right of reproduction, the right of distribution, and the right of public display, in particular the right of making available to the public.
   6. The User waives his right to be cited as the author.
   7. As far as the Provider explicitly offers the option of removing Transmitted User Content, the above right of use and exploitation shall expire upon deletion of the User Content. However, the Provider shall have the right to retain copies made for backup and/or verification purposes, subject to data protection rules. The rights of use granted by the Provider within the framework of its contracts with partners shall not be affected by this.
   8. The User shall be responsible for the User Content posted by him. The Provider does not assume any responsibility for reviewing the User Content for being complete, accurate, legal, up to date, of high quality, and suitable for a specific purpose.
   9. The Provider shall be entitled to refuse posting of User Content and/or to edit, block, or remove User Content already posted without prior notice if posting of User Content by the User or the posted User Content itself violates these Terms of Use or any legal regulations, or if the User has otherwise culpably violated contractual obligations. The Provider will consider the legitimate interests of the User in this and choose the mildest means to defend against the violation. The Provider will inform the User about this measure by email.
8. NEVONEX Content
   1. All rights to the Services as well as Content provided by the Provider in NEVONEX and the Services ("NEVONEX Content") are the exclusive property of the Provider or its licensors. They are protected by copyright or other intellectual property rights. The composition of NEVONEX Content is also protected by copyright as such.
   2. Unless further use is explicitly permitted in these Terms of Use,
      1. NEVONEX Content may be accessed and displayed online exclusively for the User’s own purposes during the term of the Contract;
      2. the User must not copy, distribute, and/or publish any NEVONEX Content;
      3. the User may use the NEVONEX Content available via NEVONEX exclusively for his own internal business purposes, provided that NEVONEX is used within the scope of commercial or professional activity. Any further commercial use of the available NEVONEX Content is prohibited (see also Section 10).
   3. The User is entitled to download NEVONEX Content ("Download") as well as to print NEVONEX Content, as far as an option for Downloading or printing is available via NEVONEX as a function (e.g. by way of a Download button).
   4. The User shall receive a non-exclusive, non-sublicensable right of use for an unlimited period of time to use the NEVONEX Content lawfully downloaded or printed out for his own non-commercial purposes.
9. Third-Party Content, Third-Party Services
   1. Content does not originate exclusively from the Provider but may in part come from the Provider’s affiliated companies, other users, or other third parties (hereinafter the "Third-Party Content").
   2. NEVONEX and the Services may also contain links to Third-Party Content. This may include the ability to link the user account or Services to Third-Party Content that is part of a service offered by a third party ("Third-Party Services"). If the User uses any Third-Party Services in NEVONEX, they shall be responsible for the associated costs and compliance with the terms and conditions applicable to the Third-Party Services.
   3. The Provider does not review any Third-Party Content and Third-Party Services for completeness, accuracy, and legality and does not adopt them as its own. In particular, the Provider does not review the security aspects related to Third-Party Content and Third-Party Services. Therefore, the Provider does not assume any warranty for the Third-Party Content and Third-Party Services being complete, accurate, legal, and up to date. This shall also apply concerning the quality of the Third-Party Content and Third-Party Services and their suitability for a particular purpose, also as far as Third-Party Content on linked external websites that may be viewed by way of framing is concerned.
   4. The Provider shall, at its sole discretion, investigate reasonable indications of violations of these Terms of Use or any illegality of individual Third-Party Content or Third-Party Services (or any part of these). If necessary, it shall take appropriate measures to remove such situations. In particular, the Provider shall immediately remove any illegal Third-Party Content as soon as the Provider becomes aware of its illegality and as far as this is technically possible.
10. Prohibited Activities
    1. The Services available via NEVONEX are intended exclusively for internal use by the User. Any other use for or in connection is prohibited except if such use has been explicitly permitted by the Provider in writing in advance. Unauthorized commercial use shall include in particular:

       • Offers and solicitations of paid Content and services, both of one’s own and those of third parties;

       • Offers, applications, and implementation of activities with a commercial background such as lotteries, raffles, swaps, advertisements, or snowball systems;

       • Electronic or other collection of identity and/or contact details (including email addresses) from users (e.g. to send unsolicited emails);

       • Exploitation of the Services provided via NEVONEX, including the Contents offered by this, in return for payment.

    2. The User must not engage in any activities on NEVONEX and in connection with use of the Services that violate these Terms of Use, applicable law, or good morals. In particular, the User commits to observing the applicable law (e.g. criminal, competition, and youth protection law) and to not infringing any third-party rights (e.g. name, trademark, copyright, picture and data protection rights).
    3. Any action that is likely to impair the operation of NEVONEX, the Services, or the technical infrastructure behind them is also prohibited. These shall include in particular:
       1. Transmitting Content that contains viruses, worms, malware, Trojan horses, or that has any other contaminating or destructive properties;
       2. use of software, scripts, or databases in connection with use of NEVONEX and the Services;
       3. automatic reading, blocking, overwriting, modifying, copying of data and/or other Content, except if this is necessary for proper use of NEVONEX and the Services;
       4. deciphering, decompiling, disassembling, reconstructing, or otherwise attempting to determine the source code of any software or proprietary algorithms used, except as permitted by mandatory provisions that cannot be waived.
    4. If the User becomes aware of any illegal, abusive, non-contractual, or otherwise unauthorized use of the Services, the User may contact the Provider via phone +49 69 380 772 773 or by email via service@nevonex.com and info@nevonex.com 24/4 (DE,EN). The Provider shall then examine the matter and, if necessary, take appropriate steps.
    5. If there are any significant breaches of obligation for which the User is responsible, the Provider shall be entitled to terminate the Contract for cause upon setting an appropriate deadline in accordance with Section 12.
11. Fees, Payment
    1. Registration, access to NEVONEX and use of the Basic Services are free of charge.
12. Term, Termination
    1. The Contract is entered into for an indeterminate period of time. It shall commence with the date of registration and shall end with termination by the Provider or the User.
    2. Termination for Convenience

       The Provider may terminate the Contract at any time with a period of notice of one month.

    3. Termination for Cause
       1. The right to termination for cause shall not be affected for either party.
       2. Cause shall be deemed present for the Provider in particular if

          • the User violates these Terms of Use;

          • the User violates any legal regulations;

    4. Consequences of Termination
       1. In the event of termination of the Contract, the user account shall be blocked at the time of termination and the User shall no longer have access to his User account, the Nevonex Services, and the User Content.
       2. If the Contract is terminated, the Provider shall have the right to irretrievably erase the data created in connection with the user account 30 calendar days after the termination takes effect and upon expiry of any statutory retention periods. The regulations on data protection apply with priority to any personal data. They may also stipulate a shorter period for erasure.
       3. The User is obligated to export and save his data and User Contents in time before termination of the Contract or expiry of the above period subject to his own responsibility.
    5. Form of Termination
       1. Except if the possibility of termination is provided for by a delete function in NEVONEX (e.g. in the settings of the user account, function "Delete account"), notice of termination must be given in text form (letter, email, fax). Uninstallation of the App in accordance with Section 4 shall not constitute termination of the Contract.
       2. Reasons only need to be given in the case of termination for cause.
13. Warranty
    1. The Provider does not assume any warranty for defects of material or title for NEVONEX Services, except in cases where the Provider has fraudulently concealed the respective defect of material or title.
14. Liability
    1. The Provider shall be liable in accordance with the statutory provisions (i) in the event of intent and gross negligence, (ii) in accordance with the provisions of the Product Liability Act (Produkthaftungsgesetz; ProdHaftG), (iii) at the scope of a guarantee assumed by the Provider, and (iv) in the event of violation of life, body, or health of a person.
    2. In cases of negligently caused property damage and financial loss, the Provider shall only be liable in the event of a breach of an essential contractual obligation. However, the amount shall be limited to the damage foreseeable and typical for the contract at the time the contract was concluded. Essential contractual obligations shall be such obligations the compliance with which characterizes the Contract and that the User may rely on.
    3. Liability shall be excluded in all other respects.
    4. Notwithstanding the provision in Section 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:
       1. The maximum liability amount per contract year amounts to a maximum of Euro 100,000.
       2. 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.
    5. Legally provided limitations of liability (e.g. according to § 10 of the Product Liability Act) that deviate from the above liability provisions in the Provider’s favor shall remain unaffected.
    6. The above limitations of liability shall also apply in the event of fault on the part of a vicarious agent of the Provider as well as to the personal liability of employees, representatives, and bodies of the Provider and to claims for reimbursement of expenses.
15. Indemnification

    If any claims are asserted against the Provider due to an alleged or actual infringement and/or violation of third-party rights, the User shall indemnify the Provider against any third-party claims, including any damage arising from them (e.g. costs for appropriate legal defense) that result from actions of the User in connection with use of NEVONEX and the Services unless the User is not responsible for the claim.

16. Data Protection

    All information on processing of personal data can be found in the Provider’s Data Protection Policy. It is available at https://preprod.my.nevonex.com/data-protection-policy.

     

17. Suspension
    1. The provider can suspend the access to NEVONEX, temporarily or permanently, if the User breaches its obligations as set out in this Terms of Use, or if the Provider has another legitimate and reasonable interest in a suspension, e.g. in case of cyber security threads to NEVONEX by devices of Customer. When assessing whether and how long the access to NEVONEX should be suspended, the provider shall take into consideration the legitimate interests of the User.
    2. The provider shall send written notification to the User prior to the suspension. In legitimate individual cases (for example, if serious or repeated violations exist) the provider can act without prior warning. When deciding about a warning, the provider shall take into account the legitimate interests of the User.
    3. In the event of a temporary or permanent suspension, the provider shall suspend the access rights of the User and/or devices to NEVONEX, and notify the User about this via the Bosch ID stored in NEVONEX. In the event of a temporary suspension, the provider shall activate the access rights after the expiry of the notified suspension period. Access rights which are permanently blocked cannot be restored.
18. Applicable Law, Jurisdiction
    1. The law of the Federal Republic of Germany shall apply.
    2. If the User is an entrepreneur, the exclusive place of jurisdiction for all legal disputes arising from or in connection with these Terms of Use shall be Stuttgart, German. The same shall apply if the User had his domicile or habitual residence in Germany at the time of conclusion of the contract and has either moved out of Germany at the time the action is brought by the Provider or the User’s domicile or habitual residence is unknown at that time.
19. Modifications of the Terms of Use
    1. The Provider shall have the right to amend or supplement provisions of these Terms of Use at any time, effective for the future, as far as this becomes necessary due to changes in the law or due to functional or technical developments to NEVONEX or the Services.
    2. The User shall be notified of any changes or amendments by email no later than six weeks before these enter into effect. It is not necessary to submit the amended or supplemented Terms of Use in detail or the new version of the Terms of Use as a whole. Instead, it shall be sufficient to inform the User that the amendments or supplements were made. The Provider shall provide a link in the announcement where the new version of the Terms of Use can be viewed in its entirety.
    3. If the User does not object to the amendment or supplementation within 30 days of the announcement of the amendment or supplementation, this shall be deemed consent to the amendment or supplementation ("implied consent"); the Provider shall refer to this separately in the announcement. Implied consent shall not apply to any changes that concern a main performance of the Contract if it would lead to an unfavorable disproportion between performance and compensation to the User’s detriment.
    4. In the event of objection, the usage relationship shall continue subject to the previous conditions. The provider reserves the right to terminate the contract in the event of an objection, subject to a notice period of one month.
    5. Editorial changes to these Terms of Use, i.e. changes that do not affect the contractual relationship, such as the correction of typing errors, shall be made without notifying the User.
20. Changes in Performance

    Change in Performance: The Provider reserves the right to change, supplement, or discontinue the Basic Services at any time or to limit use of the Basic Services in time or to make them available for a fee. The User has no claim to certain Basic Services or parts thereof being maintained. The Provider shall strive to consider the legitimate interests of the User from case to case.

21. Final Provisions
    1. Detailed information on the Provider is provided to the User via the Website’s or the App’s company information.
    2. Contracts shall be entered into in the English language.
    3. Any legally relevant declarations and notifications which are to be made to the Provider after conclusion of the contract (e.g. setting of deadlines) must be made in text form (letter, email) in order to be effective.
    4. If any provision of these Terms of Use is or becomes invalid or unenforceable, this shall not affect the remaining provisions.
22. SUPPLEMENTAL TERMS – JURISDICTION-SPECIFIC