General Terms and Conditions Deepfield Connect
These General Terms and Conditions (“T&C”) apply to the use by the customer (“Customer”, “you”, “your”) of the Deepfield Connect products offered by Bosch.IO GmbH, Grönerstraße 9, 71636 Ludwigsburg (“Bosch”, “we”, “us”) at www.deepfield-connect.com/ (Customer and Bosch are hereafter collectively referred to as “Parties” and individually as “Party”).
Bosch offers its customers services for sensor-based monitoring of agricultural products, including the provision of various physical quantities by means of the provided sensor system ("Deepfield Connect Hardware"), and the subsequent processing and provisioning ("Deepfield Connect Services") servers ("Deepfield Connect Back-End"), as well as presentation of measurement data for monitoring different agricultural products by means of application software for mobile devices ("Deepfield Connect App") (together "Deepfield Connect product").
Having said this, the parties agree as follows:
1 First part: General conditions
1.1 Scope of application
1.1.1 Bosch offers the Deepfield Connect Product on the basis of these General Terms and Conditions.
1.1.2 The Deepfield Connect product is intended exclusively for entrepreneurs within the meaning of § 14 BGB.
1.1.3 Bosch does not separately object to their validity in individual cases. Even if it comes to the conclusion of a contract or a third party, this does not constitute acceptance of the validity of these terms and conditions.
1.1.4 Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) shall take precedence over these General Terms and Conditions. Bosch is authoritative.
1.1.5 Legally relevant declarations and notifications to be submitted by the customer after the conclusion of the contract (eg setting of deadlines, notification of defects, other explanation).
1.2 Structure of these terms and conditions
1.2.1 These terms and conditions consist of four parts. This first part (General Terms and Conditions) contains general conditions for the Deepfield Connect product as a whole. The second part (Conditions for Deepfield Connect Services) contains additional conditions for the services provided by Bosch's Deepfield Connect product. The third part (Conditions for Deepfield Connect Hardware) contains additional conditions for the physical sensor systems provided by Bosch. The fourth part (Deepfield Connect App / Deepfield Connect Backend Requirements) provides additional terms for using the mobile application software and accessing the servers used for data processing.
1.2.2 The terms of this first part also apply to all subsequent parts of these Terms and Conditions. The parts two to four inclusive stand separately next to each other. In case of a conflict between this first part and one of the following parts, the condition of parts two through four takes precedence.
1.3 General duties and obligations of the customer
1.3.1 The customer will take all necessary cooperation. He will in particular:
- keep access data, including the password, which enable him to monitor his measurement data, keep it secret and in no way make it accessible to unauthorized third parties;
- change any passwords assigned by Bosch immediately to passwords known only to the customer;
- install the Deepfield Connect hardware according to the respective product description and regularly check the operational readiness;
- handle the Deepfield Connect hardware with care and, if necessary, service according to the respective product description.
1.3.2 The customer is responsible for the creation of the technical prerequisites (in particular the presence of a smartphone or tablet PC, web browser and internet access) within the area of responsibility of the customer for the contractual use of the Deepfield Connect product, including any costs incurred by the customer. A related consultation is not part of our services.
1.3.3 The installation and maintenance of the Deepfield Connect hardware on site is not part of the scope of services, but is the responsibility of the customer. This may include the replacement of batteries. The description of this can be found in the operating instructions for asparagus monitoring and field monitoring.
1.4 Access to the Deepfield Connect Services
To access the Deepfield Connect Services and monitor your metrics, you need a Deepfield Connect user account. For further information, please refer to the fourth part of these General Terms and Conditions.
1.5 Protection of content
The content available under the Deepfield Connect product is primarily protected by copyright, trademark and competition law or other proprietary rights and is owned, owned by our customers or other third parties who have provided the content. You may only use this content in accordance with the terms and conditions set forth in these Terms and Conditions.
1.6 Privacy and Use of Data
1.6.2 The fee is settled via the commissioned payment service provider.
1.6.3 Bosch stores and uses personally identifiable information in an anonymous form or under User Pseudonyms, in particular, to develop applications, as well as to improve applications and adapt them to the needs of the user.
1.6.4 Bosch reserves the right to evaluate the data anonymously and to publish it in the form of statistics in the platform and to use it for other purposes.
for the revocation.
1.7.1 The Customer may test the Deepfield Connect Product and its technical functionality, in particular the availability of sufficient telecommunications services, for a period of up to fourteen (14) days after delivery.
1.7.2 If not satisfied, the customer may withdraw from the Deepfield Connect product ordered within fourteen (14) days after delivery of the hardware. The resignation can be made by text form (for example by e-mail).
1.7.3 The Deepfield Connect Hardware must be returned to Bosch within fourteen (14) days of the declared resignation. The customer bears the cost of the return.
1.7.4 The fee for the respective Deepfield Connect product will be refunded in full.
1.8 Contract term and termination
1.8.1 The contract for the Deepfield Connect Product Asparagus Monitoring is concluded for a term up until the end of the current calendar year in which the contract is entered into (31st December). After expiry of this term and after expiry of every contract renewal, the term of the contract for the Deepfield Connect Product Asparagus Monitoring shall be renewed for one further year (Contract Renewal) unless one of the Parties gives notice of termination of the contract [ordentliche Kündigung] by giving three (3) months’ notice of termination to end at the end of the current calendar year. The contracts for all other Deepfield Connect Products are concluded for a term of twelve (12) months and are automatically extended after expiry of the term and after expiry of every contract renewal for a further twelve (12) month period (Contract Renewal) unless one of the Parties gives notice of termination of the contract [ordentliche Kündigung] by giving three (3) months’ notice of termination to end at the end of the current contract term. Bosch reserves the right to terminate the current contract at any time with a notice period of three (3) months to the end of a calendar month. Notice of termination must always be given in text form (e.g. by e-mail).
1.8.2 After termination of the contract for a Deepfield Connect Product, the corresponding Deepfield Connect Hardware must be returned to Bosch by Customer within fourteen (14) days. If Bosch does not receive the hardware, Bosch reserves the right to charge the Customer for the hardware. The corresponding prices are set out in the respective product description of the Deepfield Connect webshop at www.deepfield-connect.com. The Customer’s access to the data of the terminated Deepfield Connect Product will be blocked.
1.8.3 If Bosch terminates before the end of the term, any payments made in advance will be refunded proportionately. If the contract is terminated by you, there shall be no refund for the Deepfield Connect Product respectively booked, neither pro rata nor in full.
1.8.4 Termination for good cause
The right of termination for cause remains unaffected for both parties. Such a reason is for Bosch especially if
- you repeatedly or seriously violate these terms and conditions;
- you fail to activate your Deepfield Connect user account within 10 calendar days as described in Part Four of these Terms and Conditions;
- you give false information during the order process described in section 2.3 of the second part of these General Terms and Conditions;
- you misrepresent your Deepfield Connect user account during the registration process described in Part Four of these Terms and Conditions;
- you are in default of payment of an agreed fee for more than one month from the due date; or
- the requirements for a permanent blocking of your Deepfield Connect user account (see fourth part of these General Terms and Conditions) are met.
1.9.1 The services offered by Bosch are an assistance system that the customer can not rely on. The interpretation of the measured values and the selection and initiation of countermeasures are the responsibility of the customer.
1.9.2 Bosch shall not be liable for any damage resulting from failure to comply with the Directives "Intended Use of Deepfield Connect" enclosed with the product.
- Bosch is liable for intent and gross negligence, including its vicarious agents, in accordance with statutory provisions. The same applies to negligently caused damage from injury to life, limb or health or claims under the Product Liability Act.
- Bosch and its vicarious agents are only liable for property damage and property damage caused by negligence in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of the conclusion of the contract and typical for the contract; Essential contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely ("cardinal obligation").
- Without prejudice to the provision in indent 1, the liability of Bosch for a negligent breach of a cardinal obligation, proven by the customer, for all events occurring in the same contractual year is limited to a maximum liability of one thousand (1,000) euros.
- Failure to exhaust the liability cap in one contractual year will not increase the liability cap for the following contractual year. The contractual year in the above sense shall be the first twelve months from the first use of the Deepfield Connect Services and each subsequent twelve-month period.
- The above limitations of liability also apply in the case of the fault of a vicarious agent of the provider as well as for the personal liability of the employees, representatives and organs of the provider.
- For telecommunication services, the liability limitations according to § 44a TKG remain unaffected....
1.10.1 We can propose modifications and supplements to the Deepfield Connect Products at any time – also to be effective within the existing contract relationships – in order to adapt the Deepfield Connect Products to changed technical conditions or with regard to further developments in the Deepfield Connect App or to technical progress, whereby the basic functionality of the Deepfield Connect Product to enable the evaluation of measurement data for specific agricultural products, will be retained. In addition, we can propose, at any time, amendments and supplements to these General Terms and Conditions and to the use of Personal Data described in our Data Privacy Statement. You will be notified by e-mail of the planned amendments and supplements at least thirty (30) calendar days before the planned effective date of such amendments and supplements. We waive receipt of your statement of acceptance. If you do not object within thirty (30) calendar days of receipt of the notification, the changes shall be deemed effectively agreed as from expiration of the time period. In the event of an objection, the contractual relationship will be continued subject to the previous conditions. In the event of an objection, we have the right to terminate the contractual relationship without adhering to a period of notice. The fees will be refunded on a pro rata basis. In the change notification, you will be advised of your right to object and of the consequences.
1.10.2 In the event of changes in value added tax, we are entitled to make an adjustment to the fee for services subject to this change, without the aforementioned right of objection existing.
1.11 Other provisions
1.11.1 Detailed information about us as the operator of www.deepfield-connect.com can be found in our imprint.
1.11.2 If these General Terms and Conditions refer to a written form requirement, this refers to the legal written form requirement pursuant to § 126 (1) and (2) BGB.
1.11.3 German law applies, excluding German international private law and the UN Sales Convention.
1.11.4 If you are a business person, the courts of Berlin shall have exclusive jurisdiction and venue. We do, however, also have the right to elect to take legal action at your place of business.
1.11.5 Should a provision of this contract be or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
2 Second Part: Conditions for Deepfield Connect Services
2.1 Service offer and availability
2.1.1 Details on the necessary technical prerequisites and the scope of the services provided with the relevant Deepfield Connect Services can be found in the product descriptions of the Deepfield Connect products for the respective agricultural product at www.deepfield-connect.com.
2.1.2 For paid Deepfield Connect Services, we provide an annual average availability of 95.0% within our area of responsibility. Not included in the calculation of availability are the regular maintenance windows of the Deepfield Connect back-end, which are between UTC + 1 0:00 and 4:00 every day.
2.2 Access to the Deepfield Connect Services
2.2.1 The Customer shall make reasonable efforts to ensure that its access to and access to the Deepfield Connect Services is solely through it or through the third party authorized by the Customer. If it is to be feared that unauthorized third parties have become aware of or gain access to the customer's access data, the customer must inform Bosch immediately.
2.2.2 The access of unauthorized third parties to the Deepfield Connect Services is to be prevented by taking appropriate measures. This includes in particular the password-protected blocking of the user interfaces of the respective terminals used.
2.3 Order and remuneration
2.3.1 Bosch provides the Customer with Deepfield Connect Services for a fee.
2.3.2 On the website www.deepfield-connect.com you can order Deepfield Connect Services for various agricultural products (such as asparagus). By clicking on the button "order for payment" you place a binding order for the respective Deepfield Connect Services. Before submitting an order, you have another opportunity to check your input and correct errors. The order can be made in German, Spanish, French, Italian, Dutch and English. The receipt of the order will be confirmed immediately. The confirmation of receipt does not constitute a binding acceptance of the order, but merely serves to inform that your order has been received. The contract is only concluded by sending an order confirmation or by starting the services by Bosch.
2.3.3 The amount of the fees depends on the selected Deepfield Connect Services. For information on available Deepfield Connect services and fees, visit www.deepfield-connect.com.
2.3.4 All applicable fees are exclusive of applicable statutory value added tax.
2.3.5 The fee payable for the first billing period shall fall due upon commencement of the contract. Payments for subsequent service periods are due annually at the beginning of the respective service period.
2.3.6 You have different payment options. You make a corresponding selection during the ordering process. You will be redirected to the page of our payment service provider.
2.3.7 In the case of returned direct debits, which the customer is responsible for, Bosch will charge € 7.50 per return debit note for the processing of costs incurred, unless the customer proves that the damage did not occur at all or to a significantly lesser extent.
2.3.8 We are entitled to send you the invoice exclusively by electronic means to the e-mail address you have provided.
2.3.9 We have the right to increase the agreed fees for the first time at the end of the month after expiry of twelve (12) months following conclusion of the contract, after having given advance notice in writing of three (3) months; the maximum amount thereof shall, however, be the amount in our generally valid list prices for comparable services at the time of the notification. Text form is sufficient. Fees may not be further increased until, at the earliest, after expiry of twelve (12) months since the last price adjustment. You have the right to terminate the contract within a time limit of six (6) weeks from receipt of the notice of a price adjustment, which will become effective with the effective date of the price adjustment, provided that the price increase exceeds 5% of the prices last valid. If you make effective use of this termination right, the contract ends with the effective date of the price adjustment.
2.4 Telecommunication connection
2.4.1 Bosch will provide Customer with the third-party telecommunications services required to connect the Deepfield Connect Hardware to the Deepfield Connect Back-End from Bosch. The telecommunications connection is spatially limited to the reception and transmission range of the operated mobile stations of the third party. If the mobile connection in the area of use is not sufficient to ensure a stable data connection with the server from Bosch, the customer can withdraw from the contract. Further claims of the customer due to the absence of the data connection do not exist. Bosch is under no obligation to ensure at the conclusion of the contract that a sufficient data connection with the customer is possible.
2.5 Service disruptions
2.5.1 If Bosch does not provide the Deepfield Connect Services in accordance with the contract and is responsible for this (performance disruption), Bosch is obligated to provide the Deepfield Connect Services in whole or in part without additional costs for the customer within a reasonable period of time, unless this is the case is possible only with disproportionate effort.
2.5.2 This obligation of Bosch exists only if the customer complains of the performance disturbance in writing and immediately, but at the latest until the expiration of two weeks after the knowledge. Text form is sufficient.
3 Part Three: Conditions for Deepfield Connect Hardware
3.1 During the term of the agreement, Bosch will provide the customer with the Deepfield Connect hardware belonging to the ordered Deepfield Connect Services without charge.
3.2.1 Bosch warrants that the Deepfield Connect Hardware is free from defects in material and title at the time of transfer of risk.
3.2.2 Bosch shall only be liable for damage resulting from the fraudulent concealment of any legal or material defect of the Deepfield Connect hardware.
3.2.3 In the event of a defect in the Deepfield Connect hardware, Bosch will send the customer either individual replacement components by post or, at Bosch's option, new Deepfield Connect hardware. Defective components or Deepfield Connect hardware are returned to Bosch after receipt of the replacement components or new Deepfield Connect hardware. Bosch carries the shipping costs.
3.3.1 Bosch is liable to the customer only for intent and gross negligence.
3.3.2 Part 1 of these Terms and Conditions shall not apply to Deepfield Connect Hardware.
3.4 If the customer is responsible for the damage or loss of the Deepfield Connect hardware, he will be charged for the repair costs or the replacement of the Deepfield Connect hardware and the shipping costs. The amount of costs for the replacement of Deepfield Connect hardware can be found in the respective product description.
4 Part Four: Conditions for Deepfield Connect App / Deepfield Connect Backend
4.1.1 Bosch will make the Deepfield Connect App available to the customer free of charge.
4.1.3 The hardware transmits data (e.g. measurement data from the sensors, identification numbers, GPS coordinates) to the Deepfield Connect Back End where it is stored and processed. The Customer is provided with the processed data and possibly further information, depending on the Deepfield Connect Product concerned, via the Deepfield Connect App which the Customer first has to install on a smart phone or tablet PC. Bosch stores the transmitted data for a period of 2 years after which it is erased and is no longer available.
4.2 Registration for Deepfield Connect user account
4.2.1 In order to be able to log in to the Deepfield Connect app and to be able to monitor their measurement data, you must register for a user account ("Deepfield Connect user account"). Registration for a Deepfield Connect user account is free of charge. When you order a Deepfield Connect product, registration for a Deepfield Connect user account occurs during the ordering process. You can also sign up for the Deepfield Connect app without ordering a Deepfield Connect product.
4.2.2 In the course of the registration process, you will be asked to provide different information. If certain information is required during registration or when using the relevant Deepfield Connect product, it must be complete and correct. If this information changes during the course of your usage, you must correct your data in the Deepfield Connect app immediately in your personal settings. If costs arise due to incorrect information, you are obliged to reimburse these costs.
4.2.3 By submitting your registration data, you submit to us an offer to conclude a user relationship based on these General Terms and
Conditions. Acceptance of the offer is decided at its own discretion. If your registration is not confirmed by us within a reasonable time by e-mail to the e-mail address provided by you, you are no longer bound to your offer. If we accept your offer, you will receive an email requesting that you activate your Deepfield Connect user account ("Confirmation Email") and you have an unlimited use relationship based on these terms and conditions. To access your Deepfield Connect user account, you must activate it using the link provided in the confirmation email.
4.2.4 You can use your Deepfield Connect user account for various Deepfield Connect products.
4.3 Blocking your Deepfield Connect user account
4.3.1 We may, at our discretion, temporarily or permanently suspend your Deepfield Connect user account if there are any indications that you have violated or violated these Terms of Service and / or applicable law, or if we have any other legitimate interest. When deciding to block your Deepfield Connect user account, we will take reasonable account of your legitimate interests. If, despite notification, you repeatedly violate these terms and conditions, we reserve the right to permanently suspend your Deepfield Connect user account.
4.3.2 You will be notified by e-mail if your Deepfield Connect user account is temporarily or permanently suspended.
4.3.3 In the event of a temporary suspension, your Deepfield Connect user account will be unlocked after expiration of the blocking period or after expiration of the last reason for blocking, and you will be notified by e-mail. A permanently suspended Deepfield Connect user account can not be reactivated.
4.4 Term and termination of the user relationship
4.4.2 If you use multiple Deepfield Connect products with your Deepfield Connect user account, you may continue to use your Deepfield Connect user account for unsubscribed Deepfield Connect products. Please note that you can no longer use all of your Deepfield Connect products upon complete termination of your Deepfield Connect user account or in the event of premature termination of the related use relationship without re-registration.
4.4.3 In the event of a complete termination of your Deepfield Connect user account, we are entitled, at the end of thirty (30) calendar days after the effective date of termination, data created in the context of your Deepfield Connect user account and after expiry of any statutory retention period, the affected parties To delete data irretrievably. For personal data, priority is given to data protection regulations (Part 1: General Conditions, Section 1.6 of these General Terms and Conditions), which may also provide for a shorter period for deletion.
4.5 Data Release
4.5.1 You can use the Deepfield Connect app to share your metrics with other Deepfield Connect user accounts (for example, for employee monitoring purposes) using an access code.
4.5.2 Before you share an access code through the Deepfield Connect app, you will seek the consent of the data subject.
4.5.3 You agree not to share your metrics with other people without charge and without incurring any unnecessary burden on the Deepfield Connect Back-End.
As of August 2020