Terms and Conditions
Tiarda Home (.tiarda) Terms and Conditions

Special conditions for controlling Bosch Thermotechnik products by voice or messenger service

Last update: 08/2019

These Terms of Use apply to the control of Bosch Thermotechnik GmbH products with the aid of language assistants, measuring services and similar (hereinafter referred to as "Language Assistant"), which are offered for the control of controllers, thermostats and heaters of Bosch Thermotechnik GmbH, Sophienstr. 30-32, 35576 Wetzlar ("Bosch Thermotechnik", "Bosch", "we", "us").

1. Contract of use

1.1 By accessing the respective Language Assistant, the user enters into a license agreement with Bosch Thermotechnik GmbH and agrees to the following provisions.

1.2 If a user does not agree with these provisions, the user will not be able to use the respective Language Assistant.

1.3 The User Agreement is concluded for an indefinite period of time and may be terminated by either party at any time without notice. After termination of the contract, use of the respective language assistant is no longer possible.

2. Service offer and availability

2.1 After successful login and connection or installation, the voice assistant enables the user to carry out essential functions of the heating control with simple voice commands or messages in messengers, whereby the scope of functions varies depending on the terminal device and communication channel.

2.2 For this free service there is no claim to uninterrupted availability or to a specific response time behaviour, even if we strive for an uninterrupted availability as far as possible. We cannot guarantee that access or use of the respective Language Assistant will not be interrupted or impaired by maintenance work, further developments or otherwise by malfunctions.

3. Termination of use

3.1 You and we can terminate the free of charge user relationship at any time. You can terminate this by disconnecting the contact in the respective messenger or, for example, by saying or writing "disconnect from .tiarda" when using .tiarda.

3.2 The right to terminate for good cause remains unaffected for both parties. Such a reason exists in particular if you repeatedly or seriously violate these terms of use and/or applicable law.

4. Scope of permitted use, monitoring of usage activities

4.1 Your right of use is limited to access to the respective Language Assistant and to use the contact functionality within the scope of the provisions of these Terms of Use.

4.2 You yourself are responsible for creating the technical prerequisites (existing Internet connection, availability, current version of the operating system) necessary for the contractual use of the services within your area of responsibility. Our services do not include consulting in this regard.

5. Prohibited activities

5.1 Prohibited is any action that is likely to impair the smooth operation of the respective Language Assistant and related services, in particular any action that places an excessive load on our IT systems.

5.2 User contributions may not contain any content that violates applicable law or morality. Furthermore, the User allows the Operator to modify his contributions if they violate the above rules or are likely to cause damage to the Operator or a third party.

5.3 It is prohibited to let another language assistant chat with the respective language assistant and will result in the immediate exclusion of the User.

5.4 If you become aware of any illegal, abusive, contractually contrary or other unauthorized use of the Language Assistant or the Services, you can contact Bosch Thermotechnik GmbH and report this unauthorized use. We will then examine the matter and take appropriate action if necessary.

6. Granting of rights of use

6.1 While the user communicates with the voice assistant, the voice assistant stores the messages entered or announced by the user ("messages"). By creating or recording messages to the Language Assistant, the user grants Bosch Thermotechnik GmbH the right to use these contributions in the context of Language Assistant dialogs, to publish and reproduce them in any form, and to do so free of charge and without limitation of time and place. The personal user data will not be published.

6.2 The right of use according to clause 8.2 remains in force even after termination of the contract of use.

6.3 The answers and statements given by the Language Assistant are protected by copyright. The reproduction, copying, storage or retrieval of these statements or their use in another Language Assistant or expert system is prohibited without the written consent of Bosch Thermotechnik GmbH.

7. Warranty and limitation of liability

7.1 Bosch shall be liable to the user without limitation only for damage resulting from intentional or grossly negligent breach of contractual obligations by Bosch and for injury to life, body and health. In the case of a slightly negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely to a special degree (essential contractual obligations / cardinal obligations), the liability of Bosch is limited to foreseeable and typically occurring damages. Any existing liability of Bosch under the Product Liability Act or in connection with the assumption of guarantees remains unaffected.

7.2 The above limitations of liability shall also apply in the event of breaches of duty by the legal representatives or vicarious agents of Bosch. Insofar as liability on the part of Bosch is excluded on the basis of the above provisions, this shall also apply to personal liability on the part of Bosch employees and vicarious agents.

8. Changes to these terms of use

Bosch reserves the right to change these terms of use at any time, even within the existing user relationship, with effect. You will be notified of such changes with reasonable advance notice before the changes are scheduled to take effect. If you do not object within 30 days of receipt of the notification and continue to use the services even after the expiry of the objection period, the changes shall be deemed to have been effectively agreed from the expiry of the period. In the event of your objection, the usage relationship will continue under the previous conditions. In the event of an objection, Bosch reserves the right to terminate the user relationship in accordance with section 3. In the notification of change you will be informed of your right to object and of the consequences.

9. Changes to services

We are entitled at any time to change, discontinue or only offer services provided free of charge within the App, as well as to make new services available free of charge or against payment.

10. dispute settlement proceedings

We do not participate in any dispute resolution proceedings before a consumer arbitration board.

11. General provisions

11.1 German law shall apply to the exclusion of German international private law and UN sales law. Exclusive place of jurisdiction is Stuttgart.

11.2 Should any provision of these Terms of Use be or become invalid, the validity of the remaining Terms of Use shall not be affected thereby. In such a case, the parties shall be obliged to cooperate in the creation of terms of use by which a result that comes as close as possible to the invalid terms of use in economic terms is achieved in a legally effective manner. The foregoing shall apply accordingly to the closing of any contractual loopholes.