Terms of Use for Kärcher Home Robots (Version: 28/09/2022)

1.1 Use of the App offered is permitted exclusively on the basis of these Terms of Use.1.2 These Terms of Use may be supplemented, modified or replaced by further conditions in individual cases. By downloading the App or commencing use, the validity of these terms of use in their respective version is accepted.

2.1 KÄRCHER makes the App available for download in the Google Play Store and in the App Store for the corresponding Android and iOS end devices under the conditions specified there.

2.2 KÄRCHER provides specific functions in the App for controlling the Robot Vacuum Cleaner and keeps certain information available in the App for retrieval or download.2.3 To use the functions, the App must be connected to the Robot Vacuum Cleaner via Wifi.2.4 KÄRCHER is entitled to change the operation of the App or the functions. New versions of the App are generally made available via updates.2.5 Due to the nature of the internet and computer systems, KÄRCHER does not guarantee the uninterrupted availability of the App and the usability of all functions.2.6 In order to improve User experience and optimize service content, KÄRCHER reserves the right to provide replaced, modified and upgraded version of the App.

3.1 The use of the information, software and documentation made available on the App is subject to these Terms or, in case of updates of information, software or documentation, subject to the relevant licence terms previously agreed with KÄRCHER. Separately agreed licence terms, e.g. when downloading software, take precedence over these terms.

3.2.https://github.com/AFNetworking/AFNetworking KÄRCHER grants the User a non-exclusive and non-transferable right to use the information, software and documentation provided in the App to the extent agreed or, in the absence of any agreement, to the extent consistent with the purpose pursued by KÄRCHER in providing and making them available.

3.3 Neither information, software nor documentation may be distributed, rented or otherwise made available by the User to third parties at any time.

3.4 The Information, the Software and the Documentation are protected by copyright laws. The User shall observe these rights, in particular shall not remove identifiers, trademarks and copyright notices from the information, the software, the documentation or copies thereof.

3.5 A reverse translation of the program code (decompilation) of the software is only permissible under the legal restrictions according to §69e of German Copyright Act. Further back translations are excluded. §Section 68 (3) of the German Copyright Act remains unaffected.

4.1 Notwithstanding the special provisions in clause 4 of these Terms of Use, information, brand names and other contents of the App may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited without the prior written consent of KÄRCHER. 4.2 Apart from the rights of use or other rights expressly granted herein, the User is not granted any further rights of any kind whatsoever, in particular to the company name and to industrial property rights such as patents, utility models or trademarks, nor is KÄRCHER under any corresponding obligation to grant such rights.4.3 KÄRCHER may use any ideas and suggestions submitted by the User on the App for the development, improvement and sale of products from its portfolio free of charge.

5.1 When using the App, the User must not

Publish, transmit, distribute or store content that violates the respective national laws;
violate industrial property rights, copyrights, personal rights, property rights or other rights of third parties;
transmit content containing viruses or other malware that may damage the App or the Robot Vaccum Cleaner;

5.2 KÄRCHER may block access to the App at any time if the User breaches its obligations under these Terms and Conditions.

The App may contain hyperlinks to third-party websites. KÄRCHER accepts no responsibility for the content of these websites, nor does KÄRCHER adopt these websites and their content as its own, as KÄRCHER does not control the linked information and is not responsible for the content and information provided there. Their use is at the User's own risk.

7.1 Insofar as information, software or documentation are provided free of charge, liability for defects as to quality and title of the information, software and documentation, in particular for their correctness, freedom from defects, freedom from third-party intellectual property rights and copyrights, completeness and/or usability - except in case of wilful misconduct or fraudulent intent - shall be excluded.

7.2 In all other respects, the following exclusions and limitations of liability shall apply to anyliability for damages, without prejudice to the statutory provisions:

KÄRCHER is liable if KÄRCHER is guilty of intent or gross negligence. KÄRCHER shall only be liable for ordinary negligence in the event of a breach of an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the contractual partner may regularly rely on (so-called “Kardinalpflichten”). In all other respects, liability for damages of any kind, regardless of the basis of the claim, including liability for culpa in contrahendo, is excluded.
If KÄRCHER is liable for ordinary negligence pursuant to the previous paragraph, the liability is limited to the damage which KÄRCHER could have expected to occur under the circumstances known at the time of the conclusion of the contract.

7.3 The above liability provisions do not apply if KÄRCHER has given a guarantee for the quality of the App or the Robot Vacuum Cleaner or if such damages are to be compensated under the Product Liability Act or for damages to life, body or health or for statutory claims.

7.4 The above liability provisions shall also apply in favour of the employees, vicarious agents and other third parties whose services KÄRCHER uses for the performance of the contract.

8.1 KÄRCHER's liability for material defects and defects of title shall be governed by the provisions of section 7 of these Terms of Use.

8.2 Although KÄRCHER always endeavours to keep the App free of viruses, KÄRCHER does not guarantee that it is virus-free. Before downloading information, software and documentation, the User will ensure appropriate security devices and virus scanners for his own protection as well as to prevent viruses on the App.

8.3 A change in the burden of proof to the disadvantage of the User is not associated with the above provisions in sections 8.1 and 8.2.

With regard to the collection and processing of personal data, the provisions of the privacy policy Apply.