Terms of use for the Brose eBike App

Stand: 30 Jun 2021

These Terms of Use define rights and obligations for the use of the Brose eBike App offered by Brose Antriebstechnik GmbH & Co. KG, Sickingenstr. 29-38, 10553 Berlin ("Brose", "We") by the end user as a consumer ("User").

The eBike App enables the User to connect his compatible mobile end device (e.g. smartphone) with his 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 consent to 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 to a compatible mobile device that enables the users to establish a connection between their mobile devices and the Brose products in their eBike, to view and manage technical data of these Brose products, and - via access to third-party map services - to record and plan rides.

1.2. The eBike app provides the following functionalities in particular:

1Change settingsThe user can adjust the settings of his eBike (e.g. the support provided by the motor) via the eBike app.
2Retrieving technical information about the eBike and the Brose products installed in itThe user can call up technical data such as battery status and remaining range via the eBike app.
3Calculation of calorie consumptionTaking into account the driver's performance, the calorie consumption is determined with the help of an algorithm. It should be noted that there may be deviations from the user's actual calorie consumption, as parameters such as height, weight and gender are not taken into account for data minimization reasons.
4Capture and plan tripsAccess to third-party mapping services (Strava and komoot) allows users to record and store the distances they travel.

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.

2. Rights of use

Brose grants the user a non-exclusive, non-transferable and non-sublicensable license for the following purposes:

2.1. Use of the eBike app for personal use.
2.2. Installation of the eBike App on the user's own mobile end devices.
2.3. Copying the software to create a back-up.

3. Account and account blocking

3.1. The eBike App is aimed exclusively at consumers in the sense of ยง 13 BGB (German Civil Code) and therefore at natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activities.

3.2. The registration of an account is only permitted to persons of full legal capacity within the meaning of the applicable legal regulations. The user must be at least 18 years of age.

3.3. The registration takes place via the eBike app. Via the ("Add and register eBike") button, the user is taken to the registration form. A functioning e-mail address is required for registration.

3.4. The user is obligated to provide complete and truthful information when registering the account, as required.

3.5. After entering the data by the user, the user 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 and therefore does not guarantee the accuracy of the information provided by the user.

3.7. Notifications regarding the account and other legal relationships associated therewith may be made via the e-mail address stored in the account. Notices to Brose may be sent to the following address: [service.ebike@brose.com].

3.8. Brose is entitled to permanently block the account if (i) the user uses the eBike app in an unauthorized, illegal or punishable manner or there is a reasonable suspicion that such an act is imminent, or (ii) Brose can terminate the user relationship for good cause (see section 5.5.).

3.9. The User shall 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 himself/herself must ensure that his/her mobile end device(s) meet 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 products. Before registering the account, the user should check whether his eBike with Brose 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 eBike.

4.4. The user is obligated to keep his account access data safe and not to disclose it to unauthorized third parties.

4.5. The user shall refrain from any improper and illegal use of the eBike App. The user shall therefore in particular refrain from,

4.5.1. Take actions that foreseeably lead or could lead to an impairment of the server and IT structure for the provision of the eBike App, such as any kind of hacking attacks, the infiltration of malicious code or the bypassing or overriding of security mechanisms;

4.5.2. use the eBike App in a way that violates applicable law or the rights of third parties.

4.6. We point out that the user himself/herself is responsible for complying with all relevant requirements of the Road Traffic Act and the Road Traffic Regulations as well as any other legal regulations that affect him/her as a participant in road traffic.

4.7. The commercial use of the eBike App within the scope of these terms of use is prohibited. Commercial use requires the express written consent of Brose.

5. Term, amendment and termination of the usage relationship

5.1. The usage relationship is concluded for an indefinite period of time and may be terminated in accordance with the conditions set forth in 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 user account. The User may object to the changes in the Terms of Use. The notification of the changes will contain further information on the right of objection and its exercise. The objection must be made in text form.

5.2.1. If the user does not object to the changes within four [4] weeks after receipt of the notification, the changes shall be deemed accepted.

5.2.2.. If the user objects, both parties shall have the right to terminate the usage relationship by giving notice with immediate effect.

5.3. The user can terminate the user relationship at any time by ordinary termination by sending an e-mail to the following e-mail address: service.ebike@brose.com.

5.4. After termination of the user relationship, the functions of the eBike App are no longer available to the user.

5.5. The user relationship may also be terminated by Brose and the user for cause. Such cause shall be deemed to exist in particular if (i) the User violates its obligations set forth in these Terms of Use to a particular extent, or (ii) Brose as operator of the eBike App decides to discontinue operating and offering it.

6. Rights to the content

6.1. Brose is the owner of the rights to the eBike app. Any transfer of rights to the user shall only take place within the framework set out in these Terms of Use.

6.2. The industrial property rights and copyrights to the contents of the eBike app 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. Privacy

The information required by Art. 13 and 14 of the General Data Protection Regulation can be found in our separate privacy policy, which can be viewed at the following link: https://www.brose-ebike.com/de-de/datenschutzerklaerung/datenschutzerklaerung-2badvice.html

8. Third party services

8.1. Functions that enable users to link their existing third-party provider account (e.g., Facebook) with their 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 below: https://www.brose-ebike.com/de-de/datenschutzerklaerung/datenschutzerklaerung-2badvice.html

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 conditions can be found here: https://www.brose-ebike.com/de-de/datenschutzerklaerung/datenschutzerklaerung-2badvice.html

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 shall take precedence.

9.3. The user agrees to comply with the respective terms of use for the open-source software components. Brose does not assume any warranty with regard to the open-source components contained in the eBikes app.

10. Limitation of liability

10.1. Brose's contractual and statutory liability for damages due to slight negligence, regardless of the legal grounds, shall be limited as follows:

10.1.1. In the event of a breach of material obligations arising from the contractual obligation, Brose's liability shall be limited to the amount of foreseeable damage typical for the contract.

10.1.2. Brose shall not be liable for slight negligence in other respects.

10.2. The aforementioned limitations of liability shall not apply in cases of mandatory statutory liability (in particular under the Product Liability Act) 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.

10.3. Clauses 10.1. and 10.2. shall apply accordingly to Brose's liability for futile expenses.

10.4. The user shall be obliged to take reasonable measures to avert and mitigate damages.

11. Updates

Brose reserves the right to 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 immediately 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 the usage relationship.

12. Other

12.1. If any provision of these Terms of Use is or becomes invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby.

12.2. The validity of the Terms of Use shall be independent of the existence or continued existence of any other contractual relationships between the user and Brose. In the event of any inconsistency, these Terms of Use shall prevail over the provisions in any other contractual relationship between the user and Brose, unless expressly stated otherwise in the other contractual relationship 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 does 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 boards.

12.5. Brose assumes no responsibility for the content on third-party websites insofar as the eBike app contains links to such sites.