Terms of Use for the BRITA Consumer App

 

A. General

These Terms of Use of BRITA SE, Heinz-Hankammer-Straße 1, 65232 Taunusstein, Germany (“we”, “us”, “BRITA SE”) apply exclusively to the use of the BRITA App (hereinafter the “App”) by the user. These Terms of Use also apply to modifications such as updates, upgrades or other new deliveries of the App, unless separate general terms of use are expressly included when they are provided. 

With regard to contractual relationships with consumers within the meaning of Section 13 of the German Civil Code (BGB), the “General Terms and Conditions for Consumers (B2C)” of BRITA SE apply on a subordinate basis. These are currently available at 
https://www.brita.co.uk/terms-and-conditions. 

The generic masculine form is used in these Terms of Use solely for editorial reasons to improve readability. All genders are, of course, equally intended. 

B. Use of the App, BRITA Account 

In order to use all functions of the App, it is mandatory for the user to create a BRITA account (customer account) by submitting the corresponding declarations of intent and to log into the App with this customer account. 

C. Subject Matter of the Contract, Functions of the App 

BRITA SE does not charge any remuneration for downloading, installing, and using the App, in particular on a mobile device (smartphone, tablet, etc.). 

The primary purpose of the App is to record, analyse, and evaluate a person’s drinking behaviour when using certain containers (these functions collectively referred to as the “Services”). 

D. No Diagnosis of Health Conditions, No Nutritional Advice, No Substitute for Medical Treatment 

The App only compares the recorded beverage consumption with general guidelines. The App does not serve to diagnose individual health conditions, does not provide nutritional advice, and does not replace medical treatment. 

E. Scope of Use and Authorisation 

The user is entitled to download, install, and use the App for the purpose described above under Section C.2, insofar as and for as long as BRITA SE provides the App and the associated services. In this respect, BRITA SE grants the user a revocable, non-exclusive, non-transferable right to use the App, limited to the term of this user agreement and for the aforementioned purpose. 

BRITA SE does not assume any procurement risk pursuant to Section 276 BGB. 

BRITA SE is the owner or licensee of all intellectual property rights in the App, including any content provided by BRITA SE in connection with the App, the underlying software of the App, connected systems, texts, graphics, icons, and any audio or video material used. The content of the App may only be used by the user within the App. Any further use of the App’s content beyond this, in particular copying, extracting, or editing App content not intended for the processes described above, is prohibited, whether directly or indirectly by third parties. 

F. Technical Requirements and Availability of App Functions 

The technical requirements for downloading, installing, and using the App (e.g. supported browsers and operating systems and versions) can be found in the App description in the respective app stores (e.g. App Store and Play Store). The user is responsible for ensuring and maintaining the technical requirements for using the App on their device. The functionality of the App may be impaired or suspended if provided voluntary security updates, functional improvements, or bug-fix updates are not installed. 

Without a sufficient internet connection, certain App functions may not be available. Using such an internet connection may result in additional costs for the user. BRITA SE has no influence over whether a (sufficient) internet connection is available to the user’s device. 

Downloading and installing the App is only permitted via the respective app store providers’ offer pages. 

G. Data Backup and Other Cooperation Obligations 

The user must regularly and adequately back up the data stored on the device used against loss and destruction. 

The user must keep their login credentials confidential and protect them against access by third parties. If the user suspects that third parties are aware of these credentials, they are obliged to change them immediately and inform BRITA SE of the suspicion. 

The user is obliged to keep the data collected during registration and other information up to date. Any changes must be updated immediately. 

H. Blocking of the App or App Functions, Modification or Discontinuation of the App 

BRITA SE is entitled at any time, without prior notice and without stating reasons, to temporarily or permanently block the App, parts of the App, or individual App functions if there are concrete, objective indications that the user is violating or has violated these Terms of Use and/or applicable law. When deciding on a block, BRITA SE will take the user’s legitimate interests into account at its reasonable discretion (Section 315 BGB). 

BRITA SE is also entitled to adapt the App to current technical developments, in particular with regard to new functions and the closing of security gaps, due to changes in legislation, case law, or economic conditions, and in this context to revise, supplement, or change the entire App, parts of the App, or individual functions without separate notice. 

Due to the App being provided free of charge, BRITA SE reserves the right to discontinue the entire App, parts of the App, or individual functions in whole or in part at any time with a notice period of six weeks. The decisive factor for the commencement of the notice period is receipt of BRITA SE’s declaration by the user. 

I. Data Protection 

With regard to users’ personal data, BRITA SE complies with the relevant statutory provisions, in particular the General Data Protection Regulation (GDPR). 

Further information on data protection can be found in the separate privacy policy, which is available in the App under “Privacy Policy” and at 
https://www.brita.co.uk/privacy-policy. 

J. Availability, Disruptions, Transmission Risks, Data Backup 

Continuous availability of the App or the services usable via the App is not owed. BRITA SE is only obliged to ensure annual availability of at least 95% of the time, subject to the following provisions. 

Availability is defined as the provision of the services at the relevant service handover point, which is the router output of the data centre used by BRITA SE to provide the services. BRITA SE is not responsible for failures or non-usability of hardware or software components, the internet, or other networks beyond this handover point. The user’s internet connection, network availability, and the procurement and provision of the necessary hardware and software on the user’s side are not part of BRITA SE’s performance obligations and are solely the user’s responsibility. 

Availability also exists if the services are unavailable due to maintenance work not culpably caused by BRITA SE, mandatory reasons of security and integrity of the hardware and software used (e.g. denial-of-service attacks), force majeure, or only insignificant disruptions (e.g. slightly delayed loading times). 

BRITA SE endeavours to provide appropriate protection of data transmission between the user’s device and the router output of the data centre used, insofar as BRITA SE has influence over this (e.g. through appropriate data encryption). The user is obliged to use only secure devices and internet connections. 

The liability provisions pursuant to Section 11 remain unaffected. 

K. Liability 

BRITA SE is liable in accordance with Sections 599 and 600 BGB insofar as these are applicable. 

Outside the scope of Section 599 BGB, BRITA SE is only liable (a) in the event of an assumed guarantee to the extent of that guarantee, (b) in the event of assuming a procurement risk equivalent to a guarantee pursuant to Section 276 BGB, (c) in the case of mandatory statutory liability, in particular under the Product Liability Act, (d) in the event of injury to life, body, or health, and (e) in cases of intent or gross negligence. 

In all other cases, liability of BRITA SE is excluded, regardless of the legal grounds. 
These provisions also apply in favour of the legal representatives, agents, and vicarious agents of BRITA SE. 

There is no reversal of the burden of proof associated with the above provisions. 

L. Conclusion of Contract; Term 

The user agreement under these Terms of Use is concluded between BRITA SE and the user when the user confirms the applicability of these Terms of Use for the App, at the latest upon commencement of use of the App. 

The user agreement is concluded for an indefinite period and may generally be terminated at any time by the user without notice and by BRITA SE with six weeks’ notice. The decisive factor for the start of the notice period is receipt of BRITA SE’s declaration by the user. The user agreement also ends if the user permanently discontinues use of the App. The right of extraordinary termination for good cause remains unaffected for both parties. 

M. Amendment of the Terms of Use 

In the event of changes in legislation, case law, mandatory regulatory requirements, or economic conditions affecting BRITA SE’s performance, BRITA SE reserves the right to amend these Terms of Use at its reasonable discretion (Section 315 BGB), taking into account the interests of both parties. 

BRITA SE will inform the user of the changes in due time, i.e. at least six weeks before they take effect, in text form, for example via a notice in the App explaining the planned changes and their content. The changes will become effective unless the user objects within six weeks after being informed, provided that BRITA SE has expressly pointed this out in the notice. 

If the user objects, the user agreement will continue under the existing conditions. In this case, however, BRITA SE reserves the right to terminate the user agreement, whereby an important reason justifying extraordinary termination shall in particular be deemed to exist if continuation of the user agreement under the existing conditions is technically not possible for BRITA SE. 

N. Applicable Law 

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and private international law. Mandatory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the state in which the user has their habitual residence if the user is a consumer (Section 13 BGB), remain unaffected. 

The exclusive place of jurisdiction for all disputes in connection with this agreement is the registered office of BRITA SE, provided that both parties are merchants, legal entities under public law, or special funds under public law. BRITA SE remains entitled to sue the user at the user’s place of jurisdiction. 

BRITA SE is entitled at any time to transfer the rights and obligations under this agreement to affiliated companies within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG).  

BRITA SE is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. 

Note: Our App contains components of open-source software used under the terms of various licences. A list of the open-source software used in our App and the applicable open-source licence terms can be found in the App under “Legal Notice”. The respective open-source licence terms apply to the relevant open-source software components used in the App and take precedence over these Terms of Use where required by the licence. Users must fully comply with the applicable open-source licence terms when using the App.