Terms of Use for Geberit Mobile Apps and IoT Services

1. These Terms of Use apply between Geberit Verwaltungs AG, Schachenstrasse 77, 8645 Jona, Switzerland (“GEBERIT INTERNATIONAL AG”) and the user of Mobile Apps and IoT Services (“User”) and govern the use of and support for Mobile Apps and IoT Services.

2. Deviating, conflicting or supplementary general terms and conditions of User shall only be valid if and insofar as GEBERIT INTERNATIONAL AG has expressly agreed to their validity in writing.

1. GEBERIT INTERNATIONAL AG offers Mobile Apps listed in the table below. Mobile Apps are distributed via online stores for mobile applications (so-called apps). The availability of Mobile Apps can vary from country to country and User cannot claim the availability of Mobile Apps in a certain country.

2. GEBERIT INTERNATIONAL AG offers IoT Services listed in the table below. IoT Services consist of cloud and web infrastructure that can communicate with compatible connectivity-enabled Geberit products via the two Mobile Apps Geberit Home and Geberit Control or via the Geberit Gateway at the User’s request. The availability of IoT Services may vary from country to country and User cannot claim the availability of IoT Services in any particular country.

3. GEBERIT INTERNATIONAL AG provides Mobile Apps and IoT Services free of charge. The Terms of Use shall apply for the entire duration of the use of Mobile Apps and IoT Services, i.e., until Mobile App is uninstalled from User’s mobile end device. GEBERIT INTERNATIONAL AG is entitled to change Mobile Apps or IoT Services at any time, or – after a period of notice – make them available in whole or in part only against payment or discontinue their provision in whole or in part. Amendments and supplements to these Terms of Use are announced via Mobile Apps.

4. The individual functions of Mobile Apps and IoT Services depend on the country. User is requested to select the country where they intend to use Mobile Apps and IoT Services in the settings of Mobile Apps.

5. GEBERIT INTERNATIONAL AG creates the content of Mobile Apps and IoT Services with the greatest possible care. However, there can be no guarantee that the content provided is accurate, up to date and complete.

6. User is requested to take responsibility for their own use of Mobile Apps and IoT Services and to read any information available in advance.

7. GEBERIT INTERNATIONAL AG provides Mobile Apps and IoT Services to User without any promise of specific availability. There is no right to claim the use of Mobile Apps and IoT Services. GEBERIT INTERNATIONAL AG strives to ensure uninterrupted and malfunction-free operation. Nevertheless, interruptions may occur due to technical faults or maintenance measures.

8. GEBERIT INTERNATIONAL AG provides several software update mechanisms for Geberit Mobile Apps and IoT Services and firmware updates for the connected Geberit products. However, there can be no guarantee that the updates work properly.

9. In the case of the Geberit Gateway, User can use the Geberit Control Mobile App to opt in for both the cloud services and notifications. The cloud services comprise periodic transmission of technical data to GEBERIT INTERNATIONAL AG, as well as firmware updates for the Geberit Gateway and connected Geberit products on request. Notifications are used to notify User via email of important events related to the Geberit Gateway. If User decides to use the cloud services, they agree that GEBERIT INTERNATIONAL AG can collect the data and that GEBERIT INTERNATIONAL AG can remotely deploy such firmware updates on request. If User also activates the notifications, they also agree to GEBERIT INTERNATIONAL AG sending notifications to the email address stored under User’s Geberit ID. More detailed information can be found in the Privacy Policy for Geberit Mobile Apps and IoT Services (“Privacy Policy”).

10. Some of the Mobile Apps and IoT Services require user authentication:

• a. The affiliated entities of the Geberit Group (“Geberit entities”) use the Geberit ID for group-wide services. Separate terms of use and privacy policies apply to the Geberit ID. These are consented to when a Geberit ID is created and User is informed of the responsible Geberit entity. GEBERIT INTERNATIONAL AG is not responsible for and does not provide the Geberit ID.
• b. The Geberit Control Mobile App serves as a user interface for the commissioning and maintenance of Geberit Connect products. The range of functions expands once the Geberit ID has been successfully registered.
• c. The Geberit Service Mobile App serves to support the repair and maintenance of Geberit AquaClean shower toilets by authorised and certified service technicians and service partners. The Geberit Service Mobile App can only be used with a dedicated account, which needs to be authorised by the responsible Geberit entity.

11. GEBERIT INTERNATIONAL AG reserves the right to limit the number of users of IoT Services so that sufficient performance and service can be granted.

1. User must not misuse Mobile Apps and IoT Services. Misuse exists in particular in the following cases:

• Use of the services and data in an illegal or criminal context or in a context that would cause damage to the reputation of Geberit.
• Use of the services in a manner that exceeds a normal frequency of use and has a lasting adverse effect on the performance of the infrastructure (for example the server).

In the event of misuse of Mobile Apps and IoT Services, GEBERIT INTERNATIONAL AG reserves the right to temporarily or permanently block access to them for the misusing User.

2. If User no longer requires their Geberit ID for business reasons, they shall inform the responsible Geberit entity for the purpose of adjusting the Geberit ID account.

3. If User no longer requires their Geberit Service Mobile App for business reasons, they shall inform the responsible Geberit entity for the purpose of deleting the corresponding account.

4. If User uploads images via the Geberit Pro Mobile App, User shall ensure that personal data (i.e., any information relating to an identified or identifiable natural person) is not recognisable on the images.

1. All texts, contents, images, graphics, animations, videos, sounds and other works, information and data, as well as their arrangement in Mobile Apps and IoT Services, along with trademarks, logos and emblems, and the IT infrastructure behind Mobile Apps or IoT Services, are subject to copyright protection and/or other intellectual property protective laws by GEBERIT INTERNATIONAL AG or third parties. These may not be copied, distributed, modified, reverse-engineered or disclosed without the prior written consent of GEBERIT INTERNATIONAL AG or the third party.

2. GEBERIT INTERNATIONAL AG grants User the non-exclusive, revocable, non-sublicensable, non-transferable and royalty-free right to use Mobile Apps and IoT Services including all digital content contained therein in accordance with these Terms of Use for the purposes intended.

3. The granting of the usage rights under Section IV(2) above is conditional upon compliance with these Terms of Use. In the event of a breach of these Terms of Use by User, the usage rights to Mobile Apps and IoT Services – including their content – shall be automatically revoked.

4. If User uploads images via the Geberit Pro Mobile App, User transfers to GEBERIT INTERNATIONAL AG the non-exclusive, irrevocable, perpetual and royalty-free right to process the images for the purpose of recognising Geberit products and improving image recognition.

1. GEBERIT INTERNATIONAL AG reserves the right to claim injunctive relief and damages in the event of a breach of these Terms of Use by User – for example, in the event of unlawful use of Mobile Apps and IoT Services and their content.

2. GEBERIT INTERNATIONAL AG shall always be liable for wilful intent, gross negligence, and injury to life, limb or health, in accordance with the Product Liability Act of Switzerland and for guarantees expressly granted by GEBERIT INTERNATIONAL AG. GEBERIT INTERNATIONAL AG shall only be liable for damages caused by minor negligence on the part of GEBERIT INTERNATIONAL AG in the event of a breach of a material contractual obligation, whereby the amount of these claims for compensation shall be limited in total to the foreseeable damages. Material contractual obligations in this sense are obligations on the fulfilment of which User regularly relies and may rely, and the fulfilment of which is essential to achieve the purpose of the agreement.

3. In all other respects, the liability of GEBERIT INTERNATIONAL AG is excluded.

4. Insofar as the liability of GEBERIT INTERNATIONAL AG is excluded or limited in accordance with these provisions, this shall also apply to the liability of the executive bodies, vicarious agents and employees of GEBERIT INTERNATIONAL AG.

5. If a claim is made against GEBERIT INTERNATIONAL AG by a third party due to a violation of these Terms of Use by User, User shall indemnify GEBERIT INTERNATIONAL AG against all claims and costs arising directly or indirectly as a result, including reasonable costs for defence by a lawyer. This shall not apply if User is not responsible for the violation.

6. GEBERIT INTERNATIONAL AG assumes no responsibility for the technical functionality (particularly the absence of viruses) or content of any third-party websites to which there are references or links in Mobile Apps and IoT Services.

1. GEBERIT INTERNATIONAL AG ensures that the data collected through Mobile Apps and IoT Services is secured according to the data protection requirements. Therefore, it uses state-of-the-art technologies that are continuously improved and audited.

2. The security of User’s personal data is extremely important to GEBERIT INTERNATIONAL AG and shall be handled with the utmost care and in compliance with legal requirements. The Privacy Policy contains information regarding how User’s personal data is processed. The Privacy Policy is specific to the country/region that User chose.

1. Any provision of this Terms of Use held to be invalid or unenforceable by the jurisdiction under applicable law, shall not affect the validity, legality or enforceability of the remaining provisions hereof. Any void or unenforceable provision shall be deemed replaced by such legally compliant provision which economically comes as close as possible to the void or unenforceable provision. In the event of any omission of the Terms of Use such provision shall be deemed agreed, which properly reflects the spirit of the Terms of Use and considers good faith and the justified interests of GEBERIT INTERNATIONAL AG and User.

2. Swiss law shall apply with the exception of its provisions on the conflict of laws.

3. The place of performance and exclusive place of jurisdiction for entrepreneurs shall be Jona. Statutory mandatory places of jurisdiction shall remain unaffected.