Remote Diagnostics Service

1. General information, contract conclusion

1.1. The REMOTE DIAGNOSTICS contract (also named CUSTOMER CONTRACT) is concluded exclusively via the BOSCH customer portal http://www.bosch-remotediagnostics.com (hereinafter: BOSCH CUSTOMER PORTAL), and it requires user registration. In addition to these present SERVICE CONDITIONS, the subscription prices and conditions specified at the BOSCH CUSTOMER PORTAL at the time of the CUSTOMER request shall apply. If the CUSTOMER has requested a contract package at the conditions indicated in the BOSCH CUSTOMER PORTAL, then the CUSTOMER will first of all receive a confirmation of his order. The REMOTE DIAGNOSTICS contract shall come about as soon as, following his REQUEST, the CUSTOMER receives a contract confirmation containing the relevant contract data from BOSCH or on behalf of BOSCH in response to the customer's request.

1.2. It is not possible to use REMOTE DIAGNOSTICS without a user account on the BOSCH CUSTOMER PORTAL, since services, communication between BOSCH and the CUSTOMER as well as the administration of the CUSTOMER CONTRACT are handled exclusively via the BOSCH CUSTOMER PORTAL.

1.3. Contract territory: Denmark.

1.4. A REMOTE DIAGNOSTICS contract can be concluded with the offering Bosch legal entity specified in the introductive part of these SERVICE CONDITIONS, provided that the physical place, where REMOTE DIAGNOSTICS will be rendered, is in the territory indicated in Section 1.3. The CUSTOMER shall not be entitled to the provision of REMOTE DIAGNOSTICS services outside the territory indicated in Section 1.3.

2. Term, price, Service request and business model

2.1. REMOTE DIAGNOSTICS services is offered either as a pay-per-use variant or in the form of a 1-year SUBSCRIPTION (hereinafter: INITIAL CONTRACT TERM).

2.2. From BOSCHs receipt of the contract confirmation by email, the processing of an order and the delivery of the HARDWARE RENTAL usually take 15 working days (Monday to Friday). The term of the SUBSCRIPTION starts on the first day of the month following this 15-day processing and delivery period at the latest.

2.3. The SUBSCRIPTION shall be extended by one (1) further year (hereinafter: EXTENSION PERIOD) after expiry of either the INITIAL CONTRACT TERM or of any subsequent EXTENSION PERIOD, unless the CUSTOMER terminates the SUBSCRIPTION in text form vis-à-vis Bosch via the BOSCH CUSTOMER PORTAL at least three (3) months before expiry of the respective term.

2.4. If the customer wishes to use REMOTE DIAGNOSTICS in the pay-per-use variant a compatible KTS is mandatory as well as active BOSCH ESI[tronic] software license agreement. It is the sole responsibility of the customer to obtain and maintain such a software license. If the customer cannot use REMOTE DIAGNOSTICS via a BOSCH KTS device due to the lack of a valid ESI[tronic] license agreement, this does not constitute a bad performance by BOSCH with regard to REMOTE DIAGNOSTICS.

2.5. Unless otherwise agreed, the price applicable to the SUBSCRIPTION shall be the price stated in the product description on the BOSCH CUSTOMER PORTAL at the time the CUSTOMER CONTRACT is concluded respectively when the CUSTOMER CONTRACT is extended.

2.6. The price for the SUBSCRIPTION includes a set number of service credits per specific contract period, i.e. per INITIAL CONTRACT TERM or per any EXTENSION PERIOD. A service credit is a “virtual token”, which the CUSTOMER must use to submit a request for REMOTE DIAGNOSTICS SERVICES. The set number of service credits can be used until the end of the specific contract period. BOSCH will not refund nor transfer any unused service credits at the end of any specific contract period.

2.7. The subscription fee will automatically be captured, when the REMOTE DIAGNOSTICS contract starts as defined in Section 2.2 via the BOSCH Payment Service Provider ADYEN. All recurring payments will be captured monthly at the beginning of each month or yearly at the date of the start of the REMOTE DIAGNOSTICS contract according to the CUSTOMER´s user profile payment settings in the BOSCH CUSTOMER PORTAL. BOSCH will request ADYEN to authorize all recurring CUSTOMER payments in advance of any renewal date and inform the CUSTOMER at the latest three (3) weeks before a subscription renewal date, in cases where payment authorization was rejected.

3. HARDWARE RENTAL

3.1. For the duration of the SUBSCRIPTION BOSCH shall provide to the CUSTOMER a vehicle communication interface as well as corresponding accessories (hereinafter: VCI or HARDWARE) as well as operating instructions for use within the scope of REMOTE DIAGNOSTICS.

3.2. The HARDWARE must not be handed over to third parties not working in the CUSTOMER’s workshop.

3.3. The HARDWARE will not become the CUSTOMER’s property.

3.4. BOSCH shall deliver the HARDWARE to the CUSTOMER at no additional costs.

3.5. The CUSTOMER shall pay the fees agreed upon for the SUBSCRIPTION to BOSCH. The CUSTOMER may choose between monthly and annual payment. See hereto in Section 2.6.

3.6. The CUSTOMER is obliged to use the HARDWARE with due care and always in compliance with the operating instructions. If the HARDWARE partially or completely loses its functionality or is damaged as a result of improper handling or improper use, the CUSTOMER shall be entitled to a replacement device during the term of the SUBSCRIPTION. BOSCH is entitled to charge a fee for this in accordance with Section 3.9.

3.7. The CUSTOMER must check the received HARDWARE upon receipt. The CUSTOMER shall make sure that the correct goods were delivered and that the delivered goods comply with the contents of the REMOTE DIAGNOSTICS contract.

3.8. For the replacement of HARDWARE due to loss caused by the CUSTOMER, BOSCH will invoice the CUSTOMER for a replacement device. BOSCH is entitled to charge a fee for this in accordance with Section 3.9.

3.9. For a rental replacement device (VCI), BOSCH is entitled to charge the CUSTOMER a fee defined in the respective conditions (see Section 1.1) applicable upon conclusion of the REMOTE DIAGNOSTICS contract (plus shipping costs) payable using the means of payment accepted by BOSCH.

3.10. Bosch shall assume responsibility for the maintenance of the HARDWARE within the scope of the contractual use by the CUSTOMER for the entire duration of the SUBSCRIPTION to the extent necessary to ensure its function and use within the scope of REMOTE DIAGNOSTICS. If functional impairments occur as a result of the contractual use, Bosch will, at its own discretion, offer the CUSTOMER repair or delivery of a replacement device. The CUSTOMER must at the CUSTOMER´s own expense return the device that is to be exchanged to BOSCH.

3.11. During the rental period, the CUSTOMER is obliged to report any defect occurring in the HARDWARE immediately via his user account on the BOSCH CUSTOMER PORTAL

(http://www.bosch-remotediagnostics.com).

3.12. The CUSTOMER can initiate a return of the HARDWARE by starting a claim on the BOSCH CUSTOMER PORTAL http://www.bosch-remotediagnostics.com in the User Account Hardware section. Localized return details will be sent to the CUSTOMER by email, once the claim has been successfully submitted.

3.13. The CUSTOMER shall be obliged to return the HARDWARE provided to him to BOSCH at the end of the contract period and at the CUSTOMERs own expense. BOSCH objects to any further use beyond the agreed end of the contract period.

3.14. For the return, the return address indicated on the BOSCH CUSTOMER PORTAL is to be used (http://www.bosch-remotediagnostics.com).

3.15. If the HARDWARE is not returned at the end of the contract period, for whatever reason, the CUSTOMER shall instead be obliged to pay a fee to BOSCH in accordance with Section 3.9. Payment shall be made via the BOSCH CUSTOMER PORTAL (http://www.bosch-remotediagnostics.com) using the means of payment accepted by BOSCH.

3.16. Reverse engineering

3.16.1. Without BOSCH’s prior written consent, the CUSTOMER is not permitted to study, examine, dismantle or test (reverse engineering) any HARDWARE provided by BOSCH.

3.16.2. In addition to Section 3.16.1, the CUSTOMER is not entitled to edit, modify, reverse engineer, decompile, disassemble or otherwise determine the source code of SOFTWARE or parts thereof, or to create derivative works of the SOFTWARE. The imperative, mandatory provisions of the legislative regulation shall remain unaffected.

4. Remote services

4.1. Placing a service order

4.1.1. Within the scope of REMOTE DIAGNOSTICS, BOSCH offers repair services from Monday to Thursday between 8:00 am and 4:00 pm CET and on Fridays between 8:00 am and 3:00 pm CET (except for public holidays).

4.1.2. Service orders within the scope of REMOTE DIAGNOSTICS shall be placed exclusively via the BOSCH CUSTOMER PORTAL. For the purpose of placing an order, the CUSTOMER shall purchase a service request via the BOSCH CUSTOMER PORTAL, in which the details of the services to be carried out shall be specified, including the necessary vehicle information, and a specific service appointment (date and time) shall be selected.

4.1.3. The price list found in the BOSCH CUSTOMER PORTAL shall in each case apply to the repair service. Price changes shall be binding for the service order placement, as soon as the change has become visible in the BOSCH CUSTOMER PORTAL. Payments shall be made against invoice using the means of payment accepted by BOSCH.

4.1.4. As long as the CUSTOMER has open service request, then the CUSTOMER shall ensure that the employees of the BOSCH REMOTE DIAGNOSTICS Service – if needed - are able to directly contact the CUSTOMER. For this purpose, the CUSTOMER is obliged to select the preferred communication channels in the BOSCH CUSTOMER PORTAL. If necessary, the BOSCH REMOTE DIAGNOSTICS Service employees will try to clarify details of the service order using these channels. BOSCH will only confirm the service order after the details have been clarified by the CUSTOMER.

4.1.5. In any case, the service order is not placed, until BOSCH confirms the service request of the CUSTOMER.

4.1.6. Further prerequisites for the service order placement:

For requested services for programming engine control units, electronic immobilizers, keys, locking devices and other vehicle-specific electronic components, the vehicle owner's/holder's ID card and vehicle registration document must be verified by the CUSTOMER, before the service order is performed. The CUSTOMER is obliged to make copies of the ID card and the vehicle registration document and to archive them by date.

4.1.6.1. If it is not possible to make a copy of the ID card, the number of the ID card must be added to the CUSTOMER data and entered. The CUSTOMER shall check the chassis number of the vehicle to determine, if it matches the chassis number indicated in the vehicle registration document.

4.1.6.2. The CUSTOMER shall make sure that the electronic components that are to be programmed have been legally acquired by archiving a copy of the proof of purchase with date and specifying the chassis number concerned.

4.1.6.3. The CUSTOMER is an independent data controller with regard to any personal data collected pursuant to section 4.1.6. and is thus independently responsible for compliance with data protection provisions, cf. section 5.1.

4.1.7. The entire documentation according to sections 4.1.6.1 to 4.1.6.2 must be presented to BOSCH upon request at any time. If it turns out that the documentation is incorrect, and/or if there is justified suspicion of misuse, then BOSCH reserves the right to block the CUSTOMER for the corresponding services. Apart from that, such violation shall be considered a serious breach of contract from the side of the CUSTOMER, which may result in an extraordinary termination of the CUSTOMER CONTRACT.

4.1.8. Termination of service requests

The CUSTOMER's right of termination with regard to individual service requests is excluded, if and to the extent that service on control units within the scope of REMOTE DIAGNOSTICS has already begun but has not yet been completed. In such a case, there is a risk of damage to the control unit concerned, if the service is stopped prematurely. If, in all other cases, the CUSTOMER makes use of his right of termination provided by law, the CUSTOMER shall pay to BOSCH that part of the remuneration corresponding to the already completed services.

4.2. The CUSTOMER’s obligations to cooperate

4.2.1. BOSCH renders the ordered service works exclusively via Internet-based remote access to the vehicle. The CUSTOMER is obliged to establish a connection to the vehicle to be repaired (e.g. between the VCI and the OBD (On-Board Diagnostic) socket).

4.2.2. The CUSTOMER shall provide a high-speed Internet connection via Ethernet cable or WIFI in the working area of his workshop. The CUSTOMER understands that without an adequate Internet connection, the REMOTE SERVICE is technically not possible, and in this case, there is no claim vis-à-vis Bosch to the rendering of the REMOTE SERVICE. If a repair fails due to an inadequate Internet infrastructure on the CUSTOMER’s side, the service request will be closed by BOSCH. There will also be no claim for BOSCH to remuneration in this case, however BOSCH is entitled to request compensation of incurred costs.

4.2.3. The CUSTOMER shall ensure that the vehicle is in a suitable and safe condition during the REMOTE SERVICE.

4.2.4. The CUSTOMER shall provide for a safe and appropriate working environment. During the rendering of the REMOTE DIAGNOSTICS Service, the CUSTOMER warrants that he can be reached on site at any time via the communication channels specified in section 4.2.6 and that he can – if needed – carry out supporting tasks in or at the vehicle as instructed by the employees of the BOSCH REMOTE DIAGNOSTICS Service.

4.2.5. The CUSTOMER shall support the BOSCH REMOTE DIAGNOSTICS Service employees in the performance of the REMOTE SERVICE at his own expense, if the performance of the service order requires action to be taken on site.

4.2.6. The technical assistance within the meaning of section 4.2.5 of the CUSTOMER must ensure that the service order can be started immediately on the agreed date and carried out without delay until acceptance by the CUSTOMER. The CUSTOMER may be assisted by BOSCH REMOTE DIAGNOSTICS employees to complete the service order if required. Eligible communication channels are:

4.2.6.1. Phone

4.2.6.2. Mobile phone number (required)

4.2.6.3. Chat function of the BOSCH CUSTOMER PORTAL

4.2.6.4. Visual-Connect Pro

4.2.6.5. Email address

4.3. Rendering of REMOTE SERVICES

4.3.1. The CUSTOMER understands that there may be delays in the individual case, depending on the complexity of the services to be carried out.

4.3.2. BOSCH is also entitled to have the services completed by subcontractors.

4.3.3. Completion of the services is signaled by a clearly audible signal transmitted via the VCI (hereinafter: COMPLETION). The CUSTOMER shall then check the completed services within a reasonable period, which should usually not exceed 24 hours (on workdays Monday to Friday). If the services are considered to comply with the service order, then the CUSTOMER shall confirm this via the BOSCH CUSTOMER PORTAL. Communication shall be effected as specified in section 4.2.6. The CUSTOMER shall report any defects in the same way via the BOSCH CUSTOMER PORTAL. Insignificant defects shall not prevent an acceptance by the CUSTOMER. Defects based on a circumstance attributable to the CUSTOMER shall not fall within the liability of BOSCH nor shall they prevent acceptance by the CUSTOMER. The services shall be deemed accepted at the latest upon expiry of 48 hours (on working days Monday to Friday) after COMPLETION, unless the CUSTOMER rejects his acceptance via the BOSCH CUSTOMER PORTAL.

4.3.4. If the CUSTOMER has complaints with regard to the rendered services, then he shall communicate these via the BOSCH CUSTOMER PORTAL or via the communication channels according to Section 4.2.6.

4.3.5. Both the CUSTOMER and BOSCH are aware that in individual cases it may prove impossible to provide the service by remote access for reasons, for which BOSCH is not responsible. In such a case BOSCH will reset the service request and the service order will expire. In such case, the CUSTOMER shall not be obliged to pay any remuneration.

4.3.6. If BOSCH has made any changes to the vehicle, then BOSCH will only restore it to its original condition as far as possible at the express written request of the CUSTOMER. The evaluation of whether such restoration is possible without risk is the sole responsibility of BOSCH. A service request must be purchased again for this, unless it was necessary to terminate the service that caused this in accordance with section 4.3.5.

4.3.7. The CUSTOMER shall ensure that data and other information of his end customers, with which BOSCH may come into contact during the provision of the REMOTE SERVICES, are properly secured. BOSCH shall not assume any liability for any loss of data.

4.3.8. Claims for defects

4.3.8.1. BOSCH shall try to remedy existing defects with priority. In this case, the CUSTOMER is obliged to grant BOSCH another remote access to the vehicle to be repaired for performance and/or rectification.

4.3.8.2. After acceptance of the remote service by the CUSTOMER, then BOSCH shall be liable for defects in the way that BOSCH will rectify the defects. Only if BOSCH – taking into account the statutory exceptions – has allowed a reasonable deadline set by the CUSTOMER to expire fruitlessly, then the CUSTOMER shall be entitled, within the framework of the statutory provisions, to remedy the defect himself or have it remedied by third parties and to demand reimbursement of the proven necessary costs. In the event of a justified complaint, BOSCH shall bear the direct costs arising from the rectification of the defect, insofar as these are not disproportionate.

4.3.8.3. The claims for defects shall not exist, if the defect is predominantly due to a circumstance attributable to the CUSTOMER.

4.3.8.4. If the supplementary performance fails, then the CUSTOMER may, without prejudice to any claims for damages, withdraw from the CUSTOMER CONTRACT or reduce the remuneration in accordance with the statutory provisions.

5. Data use and data protection

5.1. When processing personal data pursuant to these SERVICE CONDITIONS, the CUSTOMER and BOSCH each act as independent data controllers as defined in Article 4(7) of EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data (the “GDPR”).

5.2. The CUSTOMER understands that they are obliged vis-à-vis their workshop customers to comply with the applicable data protection provisions, including any applicable requirements in the GDPR and local data protection laws. They shall particularly ensure that the valid consents of the workshop customer required to perform REMOTE DIAGNOSTICS are available.

5.3. For the purpose of providing the SERVICE, BOSCH will - either themselves or through third parties - use, store, copy, modify, analyze, make available, view, download or otherwise exploit the information introduced, generated, read out or processed in connection with the SERVICE during the provision of the SERVICE and for the duration necessary for this purpose.

5.4. BOSCH may use data transmitted in connection with the SERVICES in pseudonymized or anonymized form for machine learning and product improvements or enhancements.

5.5. To the extent permitted by law, BOSCH shall be entitled to store, use, transfer and/or exploit for any purpose whatsoever, beyond the purpose of the contract, any and all information, other than personal data, introduced, generated, read and/or processed by the CUSTOMER in connection with the Remote Service. These purposes include, but are not limited to, the improvement or expansion, production, commercialization and distribution of BOSCH products and services, as well as, for example, statistical, analytical and internal purposes.

5.6. The CUSTOMER confirms that they have not entered into any agreements that conflict with use pursuant to numbers 5.1- 5.4.

5.7. The rights of BOSCH according to this section 5 are irrevocable, free of charge and valid worldwide as well as in each case equally for the benefit of companies of the Bosch group.

5.8. If personal data is processed by BOSCH and/or its affiliated companies, the legal data protection regulations shall be complied with. Such processing will be reflected in the relevant privacy notice.

6. Damages

6.1. BOSCH shall only be liable for damages due to the violation of contractual and non-contractual obligations

6.1.1. in case of intent or gross negligence;

6.1.2. in case of negligent or intentional injury to life, limb or health;

6.1.3. due to the acceptance of a quality or durability guarantee;

6.1.4. in the event of culpable breach of essential contractual obligations, and essential contractual obligations are such, whose fulfillment is essential to the proper performance of the CUSTOMER CONTRACT and on whose fulfillment the CUSTOMER may regularly rely;

6.1.5. due to indispensable liability according to the product liability law; or

6.1.6. due to any other indispensable liability.

6.2. The liability for damages according to Section 6.1. is, in case of simple negligent breach, limited to the amount of the foreseeable damage typical for the CUSTOMER CONTRACT at the time of conclusion. This shall also apply to damage caused by simple negligence on the part of BOSCH's vicarious agents.

6.3. Any more far-reaching liability for damages – regardless of the legal nature of the asserted claim – is excluded.

6.4. Insofar as the liability for damages vis-à-vis BOSCH is excluded or limited, this shall also apply with regard to the personal liability for damages of the employees, representatives and vicarious agents of BOSCH.

7. Termination

7.1. The CUSTOMER can terminate the REMOTE DIAGNOSTICS SUBSCRIPTION in writing to BOSCH or via the BOSCH CUSTOMER PORTAL http://www.bosch-remotediagnostics.com using the “Terminate Subscription” feature in the User Account Subscription section or by using any of the contact channels in the “Contact Us” section.

7.2. All terminations must be requested no later than three (3) months before the expiry of the respective REMOTE DIAGNOSTICS contract term in accordance with Section 2.3.

7.3. Due to the digital nature of the REMOTE DIAGNOSTICS services, then BOSCH is only able to provide refunds regarding any additional service credits purchased by the CUSTOMER and not regarding service credits, which are assigned as part of the SUBSCRIPTION itself. Unused additional service credits purchased by the CUSTOMER will be reimbursed to the CUSTOMER no later than sixty (60) days after the end date of the REMOTE DIAGNOSTICS contract, when the REMOTE DIAGNOSTICS contract has been terminated by either of the CUSTOMER or BOSCH.

8. General provisions

8.1. If any provision of these SERVICE CONDITIONS is or becomes invalid, the validity of the remaining provisions shall remain unaffected. In this case, the invalid provision shall be replaced by a permissible agreement that comes closest to the economic purpose of the original, invalid provision. The same applies to any gaps.

8.2. The place of jurisdiction shall be the District Court of Glostrup, Denmark, as the court of first instance, if the CUSTOMER

8.2.1. is a merchant, a legal entity under public law or a special fund under public law, or

8.2.2. does not have a general domestic place of jurisdiction, or

8.2.3. relocates his domicile or usual place of residence outside Denmark after conclusion of the CUSTOMER CONTRACT, or if his domicile or usual place of residence is not known at the time, where the action is brought.

8.3. BOSCH shall also be entitled to bring an action before a court having jurisdiction over the CUSTOMER's registered office or a branch office.

8.4. All legal relationships between BOSCH and the CUSTOMER shall be governed exclusively by Danish law, excluding the conflict of laws rules. The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Version 1.2 from 06.03.2023