Conditions of Use for Geberit Mobile Apps and IoT Services

The Conditions of Use describe the conditions for using the Geberit Mobile Apps (“Mobile Apps”) and IoT Services.

Glossary

• B2C - Business to Consumer; applications and services that focus on private customers
• B2B - Business to Business; applications and services that focus on business customers
• IoT - Internet of Things; the communication and interaction between networked devices, applications and cloud applications
• Mobile App - Application for mobile end devices
• CRM - Customer Relationship Management – database for customer master data
• Geberit ID - Account for Geberit-specific apps and portals
• Bluetooth - Technology for wireless communication with devices
• Geberit AquaClean - Shower toilet series from Geberit

1. The Conditions of Use apply between Geberit Verwaltungs AG, Schachenstrasse 77, Jona, Switzerland (“GEBERIT VERWALTUNGS AG”) and the user of Geberit Mobile Apps and IoT Services (“User”) and govern the use of and support for the Mobile Apps and IoT Services provided by Geberit.

2. Deviating, conflicting or supplementary general terms and conditions of the User shall only become part of the agreement if and insofar as GEBERIT VERWALTUNGS AG has expressly agreed to their validity in writing.

1. GEBERIT VERWALTUNGS AG offers the following Mobile Apps for mobile end devices:

Geberit Home

• Brief description: B2C end user app for Bluetooth-enabled Geberit devices. For configuration, control and maintenance of the device.
• Services: Status query, control, configuration and maintenance of Bluetooth-enabled Geberit devices; country and device specific: Device registration and web shop access.

Geberit Control

• Brief description: B2B customer app for Bluetooth-enabled Geberit devices. For configuration, control and maintenance of the device.
• Services: Status query, control, configuration and maintenance of Bluetooth-enabled Geberit devices; country and device specific: Management of device profiles.

Geberit Service

• Brief description: B2B service app for Bluetooth-enabled Geberit AquaClean shower toilets. For service and maintenance on the device.
• Services: Functions for troubleshooting, fault clearance and maintenance of Geberit AquaCleans by certified Geberit service technicians.

Geberit SetApp

• Brief description: B2B customer app for Bluetooth-enabled Geberit sanitary flushes. For control and configuration of the device.
• Services: Configuration of Geberit sanitary flushes.

Geberit Pro

• Brief description: B2B customer app for product and catalogue data.
• Services: View and store products, spare parts and catalogue data; Product recognition; functions for planning with Geberit products.

2. GEBERIT VERWALTUNGS AG offers the following IoT Services:

Geberit AquaClean Remote Service

• Brief description: Remote maintenance service for Geberit AquaCleans via the Geberit Home App, carried out by Geberit customer service.
• Services: Troubleshooting, fault clearance and configuration of a Geberit AquaClean in case of support by Geberit customer service.

3. GEBERIT VERWALTUNGS AG provides the Mobile Apps and IoT Services free of charge. The Conditions of Use apply for the entire duration of the use of the Mobile Apps. The Mobile App is then no longer used when it is uninstalled from the smartphone. GEBERIT VERWALTUNGS AG is entitled to change the Mobile Apps or 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 Conditions of Use will be announced either by email or another electronic means of communication (e.g. via the Mobile App).

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

5. The User is requested to take responsibility for their own use of the Mobile Apps and IoT Services and to read the information available (e.g. instructions, information material, videos) in advance.

6. GEBERIT VERWALTUNGS AG provides the Mobile Apps and IoT Services to the User without any promise of specific availability. A claim to the use of the services exists only within the scope of the technical and operational possibilities at GEBERIT VERWALTUNGS AG. GEBERIT VERWALTUNGS AG strives to ensure uninterrupted and malfunction-free operation. Nevertheless, interruptions may occur due to technical faults or maintenance measures.

7. Some of the apps provided require user authentication.

a. Geberit is increasingly using the Geberit ID, which is used for Group-wide services. Separate terms and conditions of use and privacy policies apply to the Geberit ID. These are consented to when a Geberit ID is created.
b. The Geberit Service App serves to support the repair and maintenance of Geberit AquaCleans by authorised and certified service partners. The service app can only be used with a Geberit Service App account, which is created individually for each service partner by the Geberit Quality Group.
c. The Geberit Control App serves as a user interface for the commissioning and maintenance of Geberit products with an integrated Bluetooth interface. The range of functions expands once the Geberit ID has been successfully registered.

8. GEBERIT VERWALTUNGS AG reserves the right to limit the number of users of the IoT Services so that sufficient performance and service can be guaranteed.

The Mobile Apps referred to in Section II.1 are compatible with the following products from the product groups listed below. The basic prerequisite for use is an active Bluetooth connection between the Mobile Apps and the products. Information on compatibility is provided on the product information pages and in the user manual.

Geberit washbasin tap, e.g. type 185/186

• Compatible App: Geberit Control

Geberit urinal system, e.g. type 01/10/30/50

• Compatible App: Geberit Control

Geberit actuator plate, e.g. DuoFresh (auto/manual)

• Compatible App: Geberit Control, Geberit Home

Geberit WC flush control, e.g. Sigma 80

• Compatible App: Geberit Control, Geberit Home

Geberit AquaClean, e.g. Mera Comfort

• Compatible App: Geberit Home, Geberit Service
• Compatible IoT Services: Geberit AquaClean Remote Service

Geberit sanitary flush, e.g. HS2

• Compatible App: Geberit SetApp

Geberit mirror cabinet, e.g. One

• Compatible App: Geberit Home

1. The User undertakes not to misuse the Mobile Apps. Misuse shall be deemed to exist in the following cases in particular:

• Use of the services and data in an illegal or punishable context or in a context that could damage the reputation of Geberit in the long term.
• Use of the services in a manner that exceeds a conventional frequency of use and has a lasting adverse effect on the performance of the infrastructure (e.g. server).

In the event of misuse of the Mobile Apps and IoT Services, Geberit reserves the right to temporarily or permanently block access to these for the offending User. The block can only take place if a user authentication (Geberit ID; Geberit Service App Account) is required for the Mobile Apps or IoT Services.

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

3. If the Geberit Service App user no longer requires the Geberit Service App for business reasons, they shall inform Geberit for the purpose of deleting the Geberit Service App account.

1. All texts, images, graphics, animations, videos, sounds and other works, as well as how they are positioned in the Mobile Apps and IoT Services, along with brands, logos and emblems, and the IT infrastructure behind the Mobile Apps or IoT Services, are subject to copyright protection and/or other protective laws by GEBERIT VERWALTUNGS AG or third parties. These may not be copied, distributed, modified or made accessible to third parties for commercial purposes without the prior written consent of GEBERIT VERWALTUNGS AG or the third party.

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

3. The granting of the usage rights is conditional on compliance with these Conditions of Use. In the event of a breach of these Conditions of Use by the User, the usage rights to the Mobile Apps – including their content – shall automatically expire.

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

1. GEBERIT VERWALTUNGS AG reserves the right to injunctive relief and claims for damages in the event of a breach of these Conditions of Use by the User – for example, in the event of unlawful use of the App and its contents.

2. GEBERIT VERWALTUNGS AG shall always be liable for wilful intent, gross negligence, and injury to life, limb or health in accordance with the Product Liability Act and for guarantees expressly granted by GEBERIT VERWALTUNGS AG. GEBERIT VERWALTUNGS AG shall only be liable for damages caused by minor negligence on the part of GEBERIT VERWALTUNGS 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 the 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 VERWALTUNGS AG is excluded.

4. Insofar as the liability of Geberit 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.

5. If a claim is made against GEBERIT VERWALTUNGS AG by a third party due to a violation of these terms of use by the User, the User shall indemnify GEBERIT VERWALTUNGS 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 the User is not responsible for a violation.

6. The contents presented via Mobile Apps and IoT Services are created and updated by GEBERIT VERWALTUNGS AG with the greatest possible care. However, there can be no guarantee that the content provided is accurate, up to date and complete.

7. GEBERIT VERWALTUNGS 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 the Mobile Apps and IOT Services.

The following third-party libraries are used in connection with the Mobile Apps:

Geberit Home

• Third party library/libraries: Apache licence 2.0, Xamarin.BlurView, LottieXamarin

Geberit Control

• Third party library/libraries Apache licence 2.0, Xamarin.BlurView, LottieXamarin

Geberit Service

• Third party library/libraries: none

Geberit SetApp

• Third party library/libraries: none

Geberit Pro

• Third party library/libraries: none

1. Geberit endeavours to ensure that the data collected through the Mobile Apps or IoT Services is protected at all times. To this end, it uses state-of-the-art technologies that are continuously improved and audited by external, independent third parties.

2. The security of your personal data is extremely important to Geberit. We handle the data entrusted to us with the utmost care and in compliance with legal requirements. Our privacy policy contains information regarding how your personal data is processed. This is available under PRIVACY POLICY for Apps.

1. Should individual provisions of these Conditions of Use be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed to be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. The same shall apply to any loopholes.

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

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

Version: January 2021