Terms of Use for Geberit Mobile Apps

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

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. User must not misuse Mobile Apps. 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, 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 entitiy 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, along with trademarks, logos, symbols and emblems, and the IT infrastructure behind Mobile Apps, are subject to copyright protection and/or other intellectual prperty 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 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) aboveis 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 – 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.

5. 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 Mobile Apps (usually under the menu items ‘Information’ or ‘More’).

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 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.

1. GEBERIT INTERNATIONAL AG ensures that the data collected through Mobile Apps 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 for Geberit Mobile Apps (“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.