EASYSTART APPLICATION TERMS AND CONDITIONS OF SERVICE Bosch SM Rev C Model Geothermal Heat Pump Last Modified: August 30, 2022 IMPORTANT NOTICE: PLEASE READ THROUGH THESE TERMS CAREFULLY. These EasyStart Application Terms and Conditions of Service (“Terms”) describe the terms and conditions under which Bosch Thermotechnology Corp. (“Bosch”) offers each individual or entity (hereinafter, “you” or “user”) access to the Bosch EasyStart Application (the “Mobile App”). BY ACCESSING OR USING THE APPLICATION YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, INCLUDING THE PRIVACY POLICY:https://issuu.com/boschthermotechnology/docs/sm_easystart_pp?fr=sZGNiOTM0ODk1MzU (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ACCEPT THESE TERMS AND, IF YOU ARE ACCEPTING THESE TERMS FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE THAT CANNOT BE ALTERED BY THESE TERMS. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL. 1. Overview. General. The Application is intended for use in conjunction with the Bosch SM Rev C model geothermal heat pumps (the “Bosch Products”) purchased and installed by a qualified professional geothermal heat pump installer or service technician (“Installer”) at a current facility or residence. The Application is not required for the operation of the Bosch Product. Intended Use of Mobile App. The Application is intended to be accessed and used only by an Installer for non-time-critical information and control of Bosch Products. The Application is not intended to be reliable or available 100% of the time. The Application may be subject to sporadic interruptions and failures for a variety of reasons beyond Bosch’s control, including Wi-Fi intermittency, service provider uptime, EasyStart notifications and carriers, among others. You acknowledge the foregoing limitations and agree that Bosch is not responsible for any damages allegedly caused by the failure or delay of the Applications. Complete Terms. By accessing or using the Application, you agree to these Terms, as well as the Privacy Statement of Bosch which is located at the following website: https://issuu.com/boschthermotechnology/docs/sm_easystart_pp?fr=sZGNiOTM0ODk1MzU which is incorporated herein by reference (“Privacy Statement”). 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 http://play.google.com/about/android-developer-policies.html) (together, “Google Play Terms”). To the extent there is a conflict among these Terms, the Apple Terms, and the Google Play Terms, these Terms control. 2. Eligibility, System Requirements, Updates. Eligibility. The use and access to the Application is restricted to any person 18 years of age or older. By using the Application, you represent and warrant that you are at least 18 years old and otherwise have the capacity to contract. US and Canada. The Application is only intended for use by end users residing or using the Application in connection with residences and facilities located in Canada and the United States, its territories and possessions. If you use or attempt to use the Application from outside of Canada or the US, end users do so at their own risk and must comply with applicable laws (including data privacy regulations) in these other countries. System Requirements. The Application will not be accessible without: (i) a working Wi-Fi network or access to data or cellular connectivity that can communicate reliably with the Bosch Products; (ii) an Account; (iii) mobile devices such as smartphone or tablet (“Devices”); and (v) other system elements that may be specified by Bosch. 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 Application 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 Application may develop upgrades, updates, patches, bug fixes and other modifications to improve the performance or compatibility of the Application (“Updates”). You acknowledge and agree that Updates will either be manually installed with notification or automatically installed on your Bosch Products and/or Devices (defined in Section 4 below) without providing any additional notice to or receiving any additional consent from, you. You acknowledge that you may be required to install Updates to use the Application and the Bosch Products 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 and/or provided by Bosch. 3. Access to Mobile Apps;; Certain Limitations and Restrictions; Termination Access and Use. Subject to these Terms, Bosch grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Application by (i) using the Application in connection with, and solely for the purpose of, controlling and monitoring Bosch Products you own and/or are authorized to control and monitor (the “Permitted Purpose”), and (ii) installing and using the Application only for use on your own Device(s) or the Device(s) of the entity you represent (e.g., iPhone, iPad, or Android smartphone), for the Permitted Purpose.
Bosch Thermotechnology Corp. Tel: 1-866-642-3198 Fax: 1-603-965-7581 www.bosch-thermotechnology.us
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BTC 760112301 A | 09.2022