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General Terms and Conditions – ROSE Bike Alarm App

General Terms and Conditions of ROSE Bikes GmbH for the use of the ROSE Bike Alarm App in Connection with the ROSE Bike Alarm Bottle Cage

1. Contractual partner

Contractual partners are ROSE Bikes GmbH (hereinafter referred to as "ROSE"), Schersweide 4, 46395 Bocholt and the user.

2. Subject matter of the contract

(1) Unless otherwise expressly agreed, the subject matter of the contract is the use of the ROSE Bike Alarm app in connection with the ROSE Bike Alarm bottle cage and the use of the ROSE services based thereon.

(2) The specific subject matter of the contract results from these General Terms and Conditions (GTC) as well as from the service description on which these GTC are based.

3. Scope

These GTC and the underlying user agreement with the customer are geographically limited to the European Union, Great Britain, Norway, Switzerland and Lichtenstein.

4. Conditions of use

(1) A prerequisite for using the ROSE Bike Alarm app in conjunction with the ROSE Bike Alarm bottle cage is that the user has a smartphone or tablet that has a compatible operating system (currently only available for iOS). An internet connection is also required.

(2) In addition, the user may have to enter into an agreement with a third-party provider (e.g. Apple Inc.) regarding access to the respective service of the third-party provider (e.g. App Store) in order to be able to download the app.

(3) Finally, a prerequisite for using the app is that the user registers and creates a user account. The user is obliged to treat the login details (combination of e-mail address and password) as strictly confidential and to protect it from unauthorised access by third parties.

5. ROSE services

ROSE shall provide the following services within the scope stated in section 3:
Theft report:
With the help of the ROSE Bike Alarm app and the ROSE Bike Alarm bottle cage, the user can be informed about unauthorised use of their bike. To do this, the user must first pair their mobile device via the ROSE Bike Alarm app with the ROSE Bike Alarm bottle cage attached to the bike via Bluetooth connection. If the user moves away from the signal range of the Bluetooth connection after successful pairing (e.g. after finishing the ride), thereby interrupting the connection, the motion sensors of the ROSE Bike Alarm bottle cage will automatically activate. The ROSE Bike Alarm bottle cage is then "armed". In addition, the user can also manually "arm" the ROSE Bike Alarm bottle cage within the signal range of the Bluetooth connection via the ROSE Bike Alarm app (e.g. if only a short distance away from the bike). If the sensors of the ROSE Bike Alarm bottle cage detect an unauthorised movement, an acoustic alarm signal is activated on the ROSE Bike Alarm bottle cage. In addition, the user receives a warning notification via the ROSE Bike Alarm app.
Location of the bicycle:
Furthermore, the user can locate the ROSE Bike Alarm bottle cage via the ROSE Bike Alarm app using GPS and GSM positioning (e.g. in case of theft). The user decides for themselves in which interval the GPS or GSM data is queried by means of the working mode selected.

6. Formation of the contract

The contract of use comes into effect with the conclusion of the purchase contract for the ROSE Bike Alarm bottle cage.

7. Granting of usage rights

(1) Upon conclusion of the user agreement, ROSE grants the user a non-exclusive, non-transferable, non-sublicensable right, limited in time to the term of the user agreement, to use the ROSE Bike Alarm App in accordance with these GTC.

((2) The user is not entitled to duplicate, edit, redesign or decompile the ROSE Bike Alarm App.

8. Costs

With the conclusion of the purchase contract for the ROSE Bike Alarm bottle cage, the costs for the use of the ROSE Bike Alarm app are compensated.

9. Contract period

The contract period begins with successful registration in the ROSE Bike Alarm app and is valid for a period of 1 year.

10. Data protection

ROSE processes the user's personal data exclusively in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 7 April 2016 (General Data Protection Regulation) and the German Federal Data Protection Act. The personal data will be processed exclusively for the purposes of establishing, implementing and terminating the contract.
The information pursuant to Art. 13 and 14 DSGVO are attached to the GTC as "Information on the processing of personal data".

11. Warranty

(1) ROSE does not guarantee the constant availability of the ROSE Bike Alarm App and the associated services by ROSE, insofar as ROSE is not responsible for the circumstances. In particular, ROSE does not assume any warranty for malfunctions of the ROSE Bike Alarm app or connection problems with the ROSE Bike Alarm bottle cage hardware in the following cases: • In the event of disruption to mobile data transmission or other communication networks (e.g. WiFi, Bluetooth...), which is not under the control of ROSE • In case of insufficient network coverage • In the event of malfunctions of an Internet access provider • In the event of disruptions to a service provider such as AWS • In case of insufficient battery charge of the ROSE Bike Alarm bottle cage

(2) Furthermore, ROSE does not provide any guarantee for the transmitted position data of the ROSE Bike Alarm bottle cage. The position data of the ROSE Bike Alarm bottle cage are obtained via satellite positioning or the mobile phone network. The accuracy of this data depends on the environmental conditions of the ROSE Bike Alarm bottle cage. An exact and uninterrupted transmission of position data can therefore not be guaranteed. ROSE would like to draw the customer's attention to the fact that the best possible function of the ROSE Bike Alarm bottle cage and the associated recording of the data is only given if the power supply is not interrupted and if there exists a radio connection (network, transmission power, etc.) as well as GPS availability.

12. Liability

(1) ROSE accepts no liability for theft, damage or loss of the bicycle that has been equipped with the ROSE Bike Alarm bottle cage hardware by the user. The services offered by ROSE via the ROSE Bike Alarm app together with the ROSE Bike Alarm bottle cage hardware only serve to monitor the bicycle, but cannot prevent theft or other interference with the bicycle by third parties. The ROSE Bike Alarm bottle cage is a technological aid which, when the required technical infrastructure exists, can make it easier to find the bike in the event of loss or theft, but cannot guarantee it.

(2) If the user does not receive an alarm notification in the app or via e-mail due to the malfunctions described in section 10 of these GTC or if the transmitted position data of the alarm notification is faulty, ROSE shall not be liable for any resulting damage.

(3) ROSE accepts no liability for damage caused by the use of the ROSE Bike Alarm App through unauthorised third parties.

(4) Beyond this, ROSE shall only be liable for intent and gross negligence – except in the case of breach of essential contractual obligations, injury to life, limb or health or in the case of any claims under the Product Liability Act. Essential contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract. This limitation of liability shall also apply in the event of fault on the part of subcontractors of ROSE.

(5) ROSE assumes no liability for the use of the ROSE Bike Alarm App outside the scope of application specified in section 3 of these GTC.

13. Final Provisions

(1) All legal relationships between ROSE and the user shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, in addition to these GTC.

(2) Should individual provisions of the contract, including these GTC, be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally valid provision which comes as close as possible to the invalid provision and which the contracting parties would have included in accordance with the purpose of the contract and these GTC if the invalidity of the respective provision had been recognised. A regulatory gap is to be closed according to this standard.

Version January 2021