Terms of Use for Geberit Mobile Apps

These Terms of Use apply between Geberit International AG, Schachenstrasse 77, 8645 Jona, Switzerland (“GEBERIT INTERNATIONAL AG”) and the user of the Mobile Apps (“User”) and govern the use of and support for the Mobile Apps. They apply for the entire duration of use of the Mobile Apps, i.e. until the Mobile App is uninstalled from the User’s mobile device.

1. Users are required to take responsibility for their own use of the Mobile Apps and to read all the available information before using them for the first time. The specific features of the Mobile Apps vary depending on the country or region. Users are asked to select the country or region in which they wish to use the Mobile Apps in the mobile app settings.

2. GEBERIT INTERNATIONAL AG provides the Mobile Apps free of charge. GEBERIT INTERNATIONAL AG creates the content of its Mobile Apps with the greatest possible care. However, we cannot guarantee that the content provided is accurate, up to date or complete.

3. GEBERIT INTERNATIONAL AG guarantees the availability of the Mobile Apps for a period of five years from the date of purchase of the compatible Geberit product. During this five-year period, GEBERIT INTERNATIONAL AG is entitled to modify features of the Mobile Apps that have only a minor impact on their use, to make them available for a fee in whole or in part following a period of notice, and to discontinue their provision, in whole or in part. After the five-year period has elapsed, this authorisation will also apply to key functions and the Mobile Apps themselves. Insofar as GEBERIT INTERNATIONAL AG is subject to legal requirements extending beyond the five-year period, the User accepts that these requirements may be met by means other than Mobile Apps.

4. Any changes or additions to these Terms of Use will be announced in the Mobile Apps. Any general terms and conditions of the User that differ from, conflict with or supplement these Terms of Use shall only be valid if and to the extent that GEBERIT INTERNATIONAL AG has expressly agreed to their validity in writing.

GEBERIT INTERNATIONAL AG offers the Mobile Apps listed in the table below. The Mobile Apps are available via online stores for mobile applications. The availability of the Mobile Apps may vary from country to country or region to region. The User is not entitled to the availability of the Mobile Apps in any specific country or region.

1. An internet connection on the relevant mobile device is required to use the Mobile Apps. Depending on the type of use, relevant volumes of data can be generated. The costs of the internet connection, as well as the provision of the service and data transfer by the internet service provider, are borne exclusively by the User. Use of the Mobile Apps may be impaired by the availability of this internet connection and its connection speed.

2. Some of the Mobile Apps require user authentication and, where applicable, authorisation with an account using a login system provided by the Geberit Group (known as the “Geberit ID”). Separate terms and conditions of use and privacy notices apply to the Geberit ID. These are consented to when a Geberit ID is created and User is informed of the responsible Geberit company. Depending on the Mobile App, using a Geberit ID may provide access to additional features or facilitate the use of additional Geberit services (e.g. by automatically filling in contact details).

3. 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 special Geberit ID, which needs to be authorised by the responsible Geberit sales company.

4. GEBERIT INTERNATIONAL AG makes Mobile Apps available to Users without any guarantee of specific availability. The availability of the Mobile Apps depends, for example, on the software and hardware specifications of the mobile device being used. The minimum operating system requirements for the mobile device are set out in the descriptions of Mobile Apps in the online stores for mobile applications. GEBERIT INTERNATIONAL AG is committed to ensuring uninterrupted and smooth operations. However, service interruptions may occur due to technical faults or maintenance work. Consequently, Users are not entitled to uninterrupted use of the Mobile Apps.

1. GEBERIT INTERNATIONAL AG offers various mechanisms for updating the software of the Mobile Apps (“Software Update(s)”) as well as for updating the firmware of compatible Geberit products (“Firmware Update(s)”) (collectively “Update(s)”). These Updates require an internet connection. They are provided with the greatest possible care; however, it cannot be guaranteed that they will function properly in every case. In general, Users can perform Firmware Updates manually in Mobile Apps.

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

a. Use of the Mobile Apps in connection with unlawful or criminal activities, or activities that could damage the reputation of GEBERIT INTERNATIONAL AG or any affiliate of the Geberit Group.

b. Analysing the Mobile Apps through reverse engineering and/or using them for the development of a product, or disclosing the data to third parties for this purpose.

c. Use of the Mobile Apps to plan, prepare, facilitate or carry out unlawful acts, in particular cyberattacks, the exploitation of vulnerabilities, unauthorised access, the introduction of malware, denial-of-service attacks or other attacks/interference against Geberit products, compatible devices, connected systems/networks or other devices/systems/services (including Mobile Apps), or to assist third parties in doing so.

d. Use of the Mobile Apps in a manner that exceeds normal usage patterns and causes a sustained impact on the performance of the infrastructure (e.g. the server).

e. Use of the Mobile Apps in a manner that contravenes any provision of these Terms of Use.

In the event of misuse of the Mobile Apps, GEBERIT INTERNATIONAL AG reserves the right to temporarily or permanently suspend or terminate the User’s access to the Mobile Apps and to take legal action. In particular, GEBERIT INTERNATIONAL AG may seek compensation from the User for any damage caused by such misuse, as well as reimbursement of reasonable expenses incurred in investigating, containing and remedying a misuse or security incident (including reasonable costs of external IT security service providers and legal advisers).

2. Users are required to install updates provided by GEBERIT INTERNATIONAL AG for the Mobile Apps and compatible Geberit products without delay. GEBERIT INTERNATIONAL AG accepts no liability for any damage resulting from delays on the part of the User (see Point VII.3) and reserves the right to take legal action should the User be at fault.

3. The User must report any security incidents, unauthorised access, suspected misuse or vulnerabilities relating to their use of the Mobile Apps to GEBERIT INTERNATIONAL AG immediately, and must cooperate appropriately in investigating, containing and resolving such issues (in particular by providing relevant information).

4. If the User no longer requires their Geberit ID for business reasons, they must notify the relevant Geberit company so that the Geberit ID account can be adjusted.

5. If the User no longer requires the Geberit Service Mobile App for business reasons, they must notify the relevant Geberit company so that the corresponding user authorisation can be deleted.

6. When uploading images via the Geberit Pro Mobile App, Users must ensure that no personal data (i.e. information relating to an identified or identifiable natural person) is visible in the images.

1. All text, content, images, graphics, animations, videos, sounds and other works, information and data, as well as their arrangement within the Mobile Apps, and trademarks, logos, symbols and emblems, and the IT infrastructure underlying the Mobile Apps are protected by copyright and/or other protective laws of 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 relevant third parties.

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

3. The granting of the usage rights in accordance with Point VI.2 above is subject to compliance with these Terms of Use. In the event of a breach of these Terms of Use by the User, the usage rights for the Mobile Apps – including their content – shall lapse automatically.

4. If the User uploads images via the Geberit Pro Mobile App, the User transfers to GEBERIT INTERNATIONAL 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.

5. The Mobile Apps contain third-party software that is subject to special licences. A list of the third-party software included and the associated licence conditions is available in the Mobile Apps (usually under the menu items ‘Information’ or ‘More’).

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

2. GEBERIT INTERNATIONAL AG shall always be liable for wilful intent, gross negligence, and injury to life, limb or health, mandatory liability under Swiss law (in particular under the Product Liability Act) and guarantees expressly granted by GEBERIT INTERNATIONAL AG. GEBERIT INTERNATIONAL AG shall only be liable for damage caused by slight negligence on its part in the event of a breach of a material contractual obligation, in which case the total amount of such claims for damages shall be limited to the foreseeable loss. 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 INTERNATIONAL AG is excluded. This applies in particular to damage caused by third parties exploiting a security vulnerability in a Geberit product, for example because the security vulnerability was not yet known to GEBERIT INTERNATIONAL AG or because exploitation was possible because security updates provided and duly communicated by GEBERIT INTERNATIONAL AG were not installed by the User, or were not installed in good time. This exclusion of liability shall not apply insofar as GEBERIT INTERNATIONAL AG has breached any statutory obligations regarding updates, information or support, or where the security updates provided by GEBERIT INTERNATIONAL AG were faulty.

4. Where GEBERIT INTERNATIONAL AG’s liability is excluded or limited under these provisions, this shall also apply to the liability of GEBERIT INTERNATIONAL AG’s executive bodies, vicarious agents and employees.

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

6. GEBERIT INTERNATIONAL AG accepts no responsibility for the technical functionality (in particular, the absence of viruses) or the content of third-party websites to which the Mobile Apps refer or link.

1. The Parties agree that, in the event of Force Majeure, the affected Party shall notify the other Party without delay, regardless of whether the event directly or indirectly affects both Parties or only one Party. Both Parties are aware that, in the event of Force Majeure, the business relationship cannot continue as agreed. Both Parties are therefore released from their contractual obligations for the duration of the Force Majeure. Each Party shall bear the costs it incurs as a result of Force Majeure.

2. “Force majeure” means the occurrence of an event or circumstance that prevents a Party from fulfilling its contractual obligations, provided that the Party affected by the impediment to performance demonstrates that (1) the impediment to performance is beyond its reasonable control, (2) it could not reasonably have been foreseen at the time the contract was concluded, and (3) the effects of the impediment could not reasonably have been avoided or overcome by the affected Party. Force majeure includes, for example, war, industrial action, sabotage, sanctions, interruption or significant disruption to supply chains, official measures taken in response to a pandemic or epidemic, extreme natural events, fire, and prolonged outages of information systems or power supplies.

1. GEBERIT INTERNATIONAL AG ensures that the data collected via the Mobile Apps is secured in accordance with data protection requirements. Therefore, it uses modern technologies that are constantly being improved and reviewed.

2. The security of Users’ personal data is of the utmost importance to GEBERIT INTERNATIONAL AG and the data is handled with the utmost care and in compliance with legal requirements. The Privacy Policy for the Geberit Mobile Apps (“Privacy Policy”) contains information on how the User’s personal data is processed. The Privacy Policy is tailored to the country or region selected by the User.

3. If the User decides to use one or more Mobile Apps, they thereby agree that GEBERIT INTERNATIONAL AG may collect the data required for this purpose. The User may withdraw their consent at any time by deleting the Mobile Apps, with effect from that point onwards. Further information on this can be found in the Privacy Policy for Geberit Mobile Apps.

1. These Terms of Use shall apply for an indefinite period from the date on which they are effectively incorporated following the User’s acceptance. GEBERIT INTERNATIONAL AG is entitled to update the Terms of Use at any time. The current version shall be deemed binding from the moment it is made available within the Mobile Apps.

2. The User may terminate the contractual relationship at any time without notice by uninstalling the Mobile Apps. Uninstalling the app will result in the termination of all usage rights for the Mobile Apps.

1. Should any individual provision of these Terms of Use be or become invalid, or should these Terms of Use contain any omissions, this shall not affect the validity of the remaining provisions. In such a case, a legally effective substitute provision that comes as close as possible to the intended commercial intent of the invalid provision shall be deemed to apply instead. In the event of gaps in the Terms of Use, the provision that GEBERIT INTERNATIONAL AG and the User would have agreed in good faith based on the principles underlying these Terms of Use and with due consideration of their interests shall be deemed to apply.

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 businesses is Jona. Statutory stipulated places of jurisdiction shall remain unaffected.

GEBERIT INTERNATIONAL AG is committed to ensuring that the Geberit Home Mobile App is accessible in accordance with national legislation.

Legal requirements regarding accessibility

Information should be presented in a clear and accessible manner across multiple channels. This includes an easy-to-read font with good contrast and font size, as well as adjustable spacing between letters, lines and paragraphs. It should also be possible to display non-text content (e.g. symbols) as text.

Implementation by GEBERIT INTERNATIONAL AG

Achieving accessibility is an ongoing process, and GEBERIT INTERNATIONAL AG is committed to further improving the accessibility of the Geberit Home Mobile App. This includes, for example, the ability to adjust font size, improved contrast, or support for assistive technologies. To the extent reasonably practicable, the Geberit Home Mobile App complies with the requirements of international accessibility standards (WCAG 2.2).

Users can access the assistive technologies and/or accessibility features on their mobile device by opening the ‘Settings’ menu on their mobile device and selecting ‘Operating aids’ or ‘Input aids’. Users can then select the features they wish to activate.

Feedback and contact details

If Users encounter any issues with viewing information in an accessible format, they can report this by email to customer.apps@geberit.com or by post to Geberit International AG, Schachenstrasse 77, 8645 Rapperswil-Jona, Switzerland.