§ 1 Scope, Subject-Matter
2.1. User’s access to and use of the GROHE App is subject to the user’s prior completion of the registration procedure. Upon registration the user enters into a contractual agreement with GROHE on the use of the GROHE app and the underlying services (“Agreement”).
2.2. The registration is completed once the user confirms the registration by clicking a confirmation link that GROHE will send to the user in a separate confirmation email (so-called “double opt-in procedure”). Alternatively the registration is completed once the user clicks a corresponding confirmation button in the GROHE App (e.g. “Confirm Registration”), provided that the user has previously authenticated her-/himself via the social login procedures provided in the GROHE App (currently Facebook Login, Google Sign-In).
2.4. Each user shall create only one (1) account for the GROHE App. Repeated and/or multiple registrations are not permitted. The creation of an account for third parties is also prohibited. The minimum age for using the GROHE App is 18 years.
§ 3 GROHE’s obligations
3.1. GROHE shall provide to the user the GROHE App and the respective services and functionalities within the availability as set forth in § 6.
3.2. The scope of the services and functionalities provided in the GROHE App are based on the information available in the GROHE App. The services and functionalities may be subject to change, provided that the overall scope does not materially limit the scope at the time of user’s registration and does not negatively impact the usability of the connected GROHE Devices (e.g. GROHE Sense or GROHE Sense Guard). Any changes to the GROHE App are subject to GROHE’s sole discretion; the user is not entitled to request any additional services or functionalities.
3.3. Use of the GROHE App is subject to certain technical requirements which need to be met by the user. Such technical requirements are set forth under https://www.grohe.co.uk/en_gb/smarthome/grohe-ondus-app/ . Meeting the technical requirements is the user’s responsibility and not an obligation of GROHE.
§ 4 User’s obligations
4.1. The User shall during the term of this Agreement in particular:
4.1.1. provide correct and complete data required for the proper provision of the services and functionalities of the GROHE Appand to keep them up to date at all times during the term of this Agreement. The required data includes in particular the user’s contact data.
4.1.2. keep the login data to the user account for the GROHE App safe and keep it secure from access by third parties.
4.1.3. only connect GROHE Devices with the user account that are actually operated by the user.
4.1.4. remove any GROHE Device which is not operated by the user anymore from the user account without undue delay.
4.2. Certain GROHE Devices connected with the GROHE App allow the user to provide the contact details for an emergency contact as well as for an installer. The user shall only provide the contact details of such persons if they give their prior permission.
4.3. GROHE is entitled to suspend user’s account and user’s access to the GROHE App temporarily or permanently and without prior notice, if the user fails to comply with the aforementioned requirements. GROHE’s right to terminating this Agreement for due cause remains unaffected.
§ 5 Grant of rights
5.1. GROHE hereby grants the user a non-exclusive, revocable, non-transferable, non-sublicensable, geographically unrestricted right to use the GROHE App. The right of use granted by GROHE is limited to the term of this Agreement.
5.2. GROHE (and/or its Affiliates) retain all right, title and interest in and to the GROHE App and all Intellectual Property associated therewith.
§ 6 Availability
The services and functionalities provided in the GROHE App are made available to the user “as is”. GROHE makes every effort to provide the services and functionalities without interruption. The availability depends on GROHE’s technical and operational possibilities. Maintenance work can lead to a temporary downtime of the services and functionalities. Such a failure due to maintenance services is not considered to be an impairment of availability. GROHE will endeavour to give notice of any unavailability of any services and functionalities within reasonable time prior to any such unavailability.
§ 7 Limitation of liability
7.1. GROHE shall be fully liable under applicable law:
7.1.1. in cases of any loss or damages caused by willful intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit);
7.1.2. in cases of damages that result from injury to life, body or health;
7.1.3. in case of mandatory liability provided by law, as under the Product Liability Act (Produkthaftungsgesetz); and
7.1.4. in cases of liability due to a guarantee.
7.2. Otherwise GROHE shall only be liable if any loss or damage is caused by the infringement of a fundamental contractual duty by GROHE, which is indispensable for the duly execution of the Agreement and thereby jeopardizes the achievement of the Agreement purpose, whereas such loss or damage is limited to the foreseeable damage at the time of the infringement which is the case if such loss occurs as typical effect of such damaging event. The foreseeable, contract-typical damage is such damage which is typically to be expected in a normal course of damage.
7.3. The limitations and/or restrictions of GROHE’s liability shall also apply to the personal liability of its legal representatives, officers, employees, assistants in performance and agents.
7.4. GROHE shall not be liable in the event of force majeure. Force majeure comprises all circumstances and events outside the scope of responsibility of GROHE, such as strikes, lockout, natural events, catastrophes, official intervention, legal prohibitions or other events impeding GROHE without its fault to perform its services.
§ 8 Amendments
8.1. GROHE reserves the right to amend this Agreement from time to time by giving six weeks’ advance notice by email to the email address the user added to their account. This right does not affect the basic features of the GROHE App.
§ 9 Term, Termination
9.1. This Agreement becomes effective upon completion of the user’s registration pursuant to § 2.1 and has an indefinite term.
9.2. The user can terminate this Agreement at any time by deleting his or her account in the settings of the GROHE App.
9.3. GROHE is entitled to terminate this Agreement without any reason. Termination without any reason is subject to a at least 30 days’ notice per email or in writing to the user. Activation of a GROHE Device means initial connection of such device with users account in the GROHE App.
9.4. The right of the parties to terminate this Agreement for due cause remains unaffected.
9.5. GROHE is entitled to terminate this Agreement for due cause, in particular if the user materially or repeatedly breached its obligations under this Agreement.
9.6. Termination of this Agreement by either party will result in the permanent deactivation or disablement of the user’s account and access to the GROHE App.
§ 10 Data Protection
§ 11 Consumer Information
11.1. The European Commission provides an online platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/.
11.2. GROHE is not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration body (Verbraucherschlichtungsstelle).
§ 12 Electronic Messages
GROHE reserves the right to send communications to the User’s registered email-address or via InApp-messaging functionalities to promote similar products and services as well as to inquire about the User’s experience with GROHE’s products and services. The User may object to such messages at any time. GROHE will provide opt-out options in each message.
§ 13 Final provisions
13.1. This Agreement is subject to German law.
13.2. If the user is a merchant, a legal person under public law or special asset under public law, venue for any legal disputes is Düsseldorf, Germany.
13.3. Should any provision of this Agreement be or become invalid or unenforceable in whole or in part, the remaining provisions shall remain in full force and effect.
(V1.2. - 09/03/2020)