These Terms of Use define rights and obligations for the use of the Brose eBike app (eBike App) offered by Brose Antriebstechnik GmbH & Co. KG, Berlin Sickingenstr. 29-38, 10553 Berlin (Brose, We) by the end user as a consumer (User). Detailed information about the provider is provided in the Imprint / Notice Details.
The eBike App enables the User to connect his/her compatible mobile end device (e.g. smartphone) with his/her eBike or components installed therein that were manufactured by Brose (Brose eBike Products).
The use of the eBike App by the User is subject to prior acceptance of these Terms of Use. If the User does not agree with the provisions of these Terms of Use, the use of the eBike App is not possible.
1. Performance
1.1.
The eBike App is a software application for downloading onto a compatible mobile end device that enables the User to establish a connection between his/her mobile end device and the Brose eBike Products in his/her eBike, to view and manage technical data of these Brose products, and to record and plan rides by providing access to third-party map services.
1.2.
The eBike App in particular provides the following functionalities:
| # | Function | Description |
|---|---|---|
| 1. | Change settings | The User can change the settings of his/her eBike (e.g. the support provided by the motor) via the eBike App. |
| 2. | Retrieving technical information about the eBike and the Brose products installed in it | The User can call up technical data such as battery status and remaining range via the eBike App. |
| 3. | Estimate of calorie loss | Taking into account the driver's performance, the calorie loss is estimated with the help of an algorithm. It should be noted that the estimate may not reflect the User's actual calorie loss, as parameters such as the User’s height, weight and gender are not collected for data minimization reasons. |
| 4. | Capture trips | Access to third-party mapping services (Strava and komoot) allows a User to record and store the distances he/she travels. |
| 5. | Navigation function | By accessing the navigation function of a third-party provider (Mapbox), the User can determine navigation directions and have his/her own position shown at any time (subject to connectivity). |
1.3
Brose does not guarantee the unrestricted availability of the eBike App. Certain functions may not be available when used abroad.
1.4.
The registration of a user account (Account) is required to use the eBike App. The registration of the account is free of charge.
1.3.
Brose does not guarantee or warrant that the navigation function provided free of charge will be available at all times. This function is provided by a third-party provider who may suspend or change it at short notice, over which Brose has no influence. In this case, Brose shall inform the User promptly of the unavailability of the function. Materials downloaded by the User may possibly be affected by a blocking of the service and no longer be available. The eBike App may also be temporarily unavailable for technical reasons (incl. maintenance). Brose does not guarantee or warrant the availability of the eBike App at all times, but will do what it can with reasonable effort to prevent or reduce disruptions.
2. Rights of Use
2.1.
Brose grants the User a non-exclusive, free of charge, non-transferable and non-sublicensable license for the following purposes:
- use of the eBike App for personal use;
- installation of the eBike App on the User's own mobile end devices;
- copying of the software to create a back-up.
3. Account and Account Blocking
3.1.
The eBike App is intended to be used by individuals for personal use only, and not for commercial use (whether by an individual or company).
3.2.
Users must be at least 18 years of age.
3.3.
Users can register for an Account via the \"Add and register eBike\" button within the eBike App. The User is then taken to the registration form, which they must complete to register for the Account. A functioning e-mail address is required for registration.
3.4.
The User must provide complete and truthful information when registering the Account.
3.5.
After the User has entered the data, the Account is created by clicking the \"Register now\" button.
3.6.
Only one Account per User may be registered. The Account is not transferable. Brose does not verify the identity of the User. Brose does not assume any liability for the accuracy of the information provided by the User.
3.7.
Users may contact Brose about the eBike App by using the "Contact support" form within the eBike App or sending an email to the following address: app.ebike@brose.com.
3.8.
Brose is entitled to permanently block the Account if (i) the User uses (or Brose reasonably suspects that the User has used) the eBike App in an unauthorized, criminal or otherwise illegal manner or if there is a reasonable suspicion, or (ii) Brose may terminate these Terms of Use for good cause (see clause 5.5.).
3.9.
The User will be informed of the blocking of the Account by e-mail.
4. Duties of the User
4.1.
The use of the eBike App is only permitted within the scope of these Terms of Use.
4.2.
The User must ensure that his/her mobile device(s) meet(s) the technical requirements for the use of the eBike App. This includes the device itself, the operating system, the internet connection and the Bluetooth connection.
4.3.
The eBike App can only be used with compatible Brose eBike Products. Before registering the Account, the User should check whether his/her eBike with Brose eBike Products meets the technical requirements and is compatible with the eBike App. Before registering the Account in the eBike App, the User can check via the \"onboarding\" process whether the eBike App can be used with his/her eBike.
4.4.
The User must keep his/her access data for the Account safe and not disclose it to unauthorized third parties.
4.5.
The User shall refrain from any improper and illegal use of the eBike App. The User therefore in particular must not:
- take actions that could foreseeably lead to the unavailability of servers and IT infrastructure used for the provision of the eBike App (according to clause 2) or third-party services , such as any kind of hacking attacks, the introduction of malicious code or the bypassing or overriding of security mechanisms;
- store map content from third-party services for offline use on his/her device for longer than 30 days;
- modify, decompile, reverse engineer or create derivative works of the source code of the eBike App or third party services;
- cover up, change or delete product markings and references to property or other rights of Brose or any third party; or
- use the eBike App in a manner that violates applicable law or the rights of third parties.
4.6.
The User is responsible for complying with all applicable laws and road rules. Brose does not make any representation that using the eBike App is permitted in your jurisdiction.
4.7.
The commercial use of the eBike App is prohibited. Commercial use requires the express prior written consent of Brose.
5. Term, Amendment and Termination of the Usage Relationship
5.1.
These Terms of Use continue until they are terminated in accordance with this clause 5.
5.2.
Brose reserves the right to update and amend these Terms of Use from time to time. The User shall be notified of the exact changes in good time before they come into force by e-mail to the e-mail address stored in the Account. The User receives a notification in the eBike App when he/she first uses the eBike App after the changes coming into force. The notification informs the User about to changed Terms of Use and asks the User to consent hereto. The User can opt to decline consent to the changed Terms of Use; however, this is deemed a termination of these Terms of Use. It is then no longer possible to use the eBike App.
5.3.
The User may terminate these Terms of Use at any time by tapping the "Delete Account" button from within the eBike App's "My Account" settings screen.
5.4.
After termination of these Terms of Use, the functions of the eBike App are no longer available to the User.
5.5.
These Terms of Use may also be terminated by Brose for good cause. Such cause shall be deemed to exist in particular if (i) the User violates its obligations set forth in these Terms of Use, or (ii) Brose as operator of the eBike App decides to discontinue operating and offering it.
6. Rights to the Contents
6.1.
Brose is the owner of the rights to the eBike App (apart from the third-party services used in the eBike App). Any grant of rights to the User shall take place only to the extent they are expressly set forth in these Terms of Use.
6.2.
The intellectual property rights and copyrights in relation to the eBike App and its contents shall remain with Brose or the corresponding third-party providers who make them available. This includes, in particular, copyrights, trademark rights and patent rights of Brose.
7. Data Protection
7.1.
Information on how Brose processes your personal data including the information required by Art. 13 and 14 of the General Data Protection Regulation and / or similar applicable laws can be found in our separate privacy policy, which can be viewed here.
8. Third-Party Services
8.1.
Functions that enable the User to link his/her existing third-party provider account (e.g. Facebook) with his/her Brose account and to transfer content from the eBike App to the third-party provider account (e.g. the routes ridden) may also be subject to the terms of use of these third-party providers.
8.2.
The availability of third-party services is not guaranteed by Brose.
8.3.
Brose is not responsible for the accuracy or completeness of the information provided and transmitted by third-party providers. Brose uses the following third-party services as part of the eBike App, the use of which is governed by the terms of use of these third-party providers, which are also referred to here.
9. Open Source Software
9.1.
The Brose eBike App contains so-called open source software components, each of which is subject to its own terms of use, which apply in addition to these Terms of Use. A list of the open source license terms can be found here: https://www.brose-ebike.com/de/media/pictures/media/dateien/220815_open_source_lizenzbedingungen.pdf.
9.2.
In the event of a conflict with these Terms of Use, the respective Terms of Use for the open source software components for the corresponding components of the eBike App take precedence.
9.3.
The User must comply with the respective terms of use for the open source software components. Brose does not assume any liability with regard to the open source components contained in the eBike App.
10. Limitation of Liability
10.1.
Brose's contractual and statutory liability for damages due to simple negligence, irrespective of the legal grounds, shall be limited as follows:
10.2.
Brose's liability for breach of material obligations arising from the contractual obligation shall be limited to the amount of foreseeable damage typical for the contract;
10.3.
Brose shall not be liable for slight negligence in other respects.
10.4.
The aforementioned limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the German Product Liability Act and similar local law provisions) or in the event of culpably caused damage to life, limb or health. Furthermore, they shall not apply if and insofar as Brose has assumed a guarantee.
10.5.
Clauses 10.1 and 10.4 shall apply accordingly to Brose's liability for futile expenses.
11. Updates
11.1.
Brose may provide the User with free updates of the eBike App from time to time in order to correct any errors or security gaps and to provide additional or improved functions. The User will be informed of this when opening the eBike App and forwarded to the App Store. Further use of the eBike App is only possible after installing the update. The User is free to not install the update and thus terminate these Terms of Use.
12. Miscellaneous
12.1.
If any provision of these Terms of Use is or becomes invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions.
12.2.
The validity of the Terms of Use is independent of the existence or continued existence of any other contractual relationships between the User and Brose.
12.3.
These Terms of Use shall be governed by the laws of the Federal Republic of Germany. The rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. A User who is not habitually resident in the Federal Republic of Germany shall also be entitled to the protection of the mandatory provisions of the law of the country in which he is habitually resident. This clause shall not restrict the application of such mandatory provisions.
12.4.
Brose is not willing and/or obliged to participate in dispute resolution proceedings before consumer arbitration bodies.
12.5.
Brose does not assume any responsibility for the content on third-party websites insofar as the eBike App contains links to such sites.