1. App service offering
CTA AG (hereinafter “CTA”) offers its users various applications by which the commercial cooling and heat pumps and residential heat pumps (hereinafter “Devices” or “Machines”) that the user purchases from CTA can be externally controlled via smartphones with an iOS or Android operating system (hereinafter “Smartphone” or “Smartphones”). The applications offer a range of functions, uses, content, software, data and settings, as well as configuration and input options (hereinafter “App” or “Apps”). The following services are available to users (hereinafter “Service Offering”):
operational status information
fault display and notification
operational mode settings
target value settings
Additionally, the Service Offering is based on the functions outlined in Section 4 below.
2. Scope of application
These General Terms and Conditions (hereinafter “GTC”) exclusively govern the use of the App, unless otherwise agreed herein. By using the App, the user acknowledges these GTC, in particular Section 5 hereof, and also expressly waives the assertion of any of its own general terms and conditions. Such terms and conditions shall only be valid where they are expressly accepted by CTA in writing.
If the user orders other/additional products or services from CTA via the App or by another means, the respective applicable General Terms and Conditions of CTA, which are available at www.cta.ch, shall apply.
3. Access/Identification
Technical access to an App is via an internet-ready Smartphone. The Smartphone must have an iOS or Android operating system, and the system specifications requested by CTA for use of the App must be met. The requested system specifications are available at here and/or via the app store.
Persons over the age of 18 shall be entitled to use the Apps. The user must register using the means of identification required by CTA. Depending on the specific App used, the user will be prompted to enter certain data when registering for the first time (hereinafter “Registration Data”). For identification purposes, the customer must enter the serial number and/or installation number of their Device and an e-mail address. Depending on the App, the customer must also select a username and a secure password (hereinafter “Login Details”) when registering for the first time that identify them as an authorized user of the App. Following successful initial registration, the user will be allocated a user area (hereinafter “User Account”) to use the App and manage their Registration Data.
Further use of the App is via the created User Account. Depending on the App, access to the App or the User Account may also require the entry of Login Details. The user may also allow third parties who contractually use the App in their name and on their behalf (e.g. installers) to exercise the right of use granted to them under these GTC. However, the following applies here and in other respects: whosoever identifies themselves in accordance with this section using the means of identification shall be deemed authorized to use the App and its functionalities vis-à-vis CTA and any third parties instructed to do so. A user shall be responsible and liable for the legally valid use of the App by third parties within their area of responsibility and via their means of identification or User Account respectively. This shall also apply if a user authorises several individuals to use their User Account, as this is required for their legitimate interests.
4. App functions
The functions of Apps provided by CTA can be consulted in the respective app store (Apple App Store or Google Play). They are continually updated and expanded. If CTA App updates or expansions are offered, their download is generally considered a mandatory prerequisite for the continued, unrestricted use of existing and, if applicable, new App functionalities. If the user refrains from downloading updates, they alone shall be responsible for any restrictions in the use, functionality or the failure to function of Apps.
5. Rights of ownership, protection and use
All rights pertaining to the use of the App are governed by this Section 5. The user shall be solely authorised to use the App pursuant to this Section 5 and within the scope of the Service Offering provided. All property and intangible property rights to the App shall remain with CTA. In particular, there shall be no transfer of rights to the user and no further granting of rights to the App than that specified in this Section. 5.
The user hereby expressly acknowledges and agrees that all newly generated or processed data provided by CTA or the user through the use of the App (including context, images and technical information) shall be the property of CTA. The user further acknowledges that certain data generated via use of the App may contain manufacturing and trade secrets of CTA, and that no data may be used and disclosed to third parties, including competitors of CTA, without the prior agreement of CTA. Any copying, editing, transferring, modifying and decompiling of the App or constituents thereof, including making data accessible to unauthorised third parties, is thereby strictly prohibited. Violation of this prohibition by the user entitles CTA to exclude the user, to block and/or terminate the contract for use of the App without notice. CTA expressly reserves the right to assert further claims.
Additionally, the following shall apply:
For the use of the App and for the software contained in the App, the user shall receive the non-exclusive, non-sublicensable, global right to use the App in unmodified form within the contractually permitted scope in accordance with these GTC and, if applicable, other terms of use, for a period limited to the respective contractual term or duration of the grant of use. The cost of use shall be governed by Section 7 of these GTC below, unless otherwise expressly agreed.
6. Access to customer data and devices
To fulfil the obligations arising from this or other agreements with the customer (e.g. through customer services), by subcontractors or by third parties commissioned by it (e.g. external installers), CTA shall be entitled to access data collected from the device and/or the device. In particular, access may be had for the following purposes:
software updates for the expansion of features and/or troubleshooting and security updates for Machine components
adjustments to Machine settings
measurement and storage of Machine data for analysis (problems and Machine behaviour).
7. Costs and paymentmethods
Costs associated with the use of the App arise from their description on in the App-Finder or in other services provided by CTA (e.g. information in app stores prior to installation). Payment for use of the App shall be made electronically upon installation of the App. Unless and in so far as not otherwise agreed, deliveries and services provided by CTA that are not listed as a Service Offering in Section 1 (“Services offered within the scope of the Apps”) or Section 4 (“App functions”) shall be charged and invoiced separately and in accordance with separate terms of payment.
Unless otherwise stated, all CTA prices are in Swiss francs, net and exclusive of VAT. All additional costs, etc., such as insurance costs, tax, VAT, duties, customs duties, fees for authorisations or certificates, shall also be borne by the user.
8. User obligations
The user shall be obliged to comply with all obligations pursuant to these GTC and, where applicable, further terms of use, and to pay the App usage price. The user shall use the App solely for their own purposes and only to the extent permitted and authorised by these GTC (particularly Section 5). The user shall take appropriate measures to prevent any unauthorised or unlawful technical or operational use by any individuals within their area of responsibility or persons who - intentionally or unintentionally - gain access to the App through the user.
In particular, the user shall be obliged to use only secure Login Details and no combinations that are easy to determine. Login Details must be kept protected from access by third parties. The user shall also be obliged to back up all existing data on their Smartphone prior to installing the software. If the user becomes aware of any misuse of their Login Details or they suspect such misuse, they shall be obliged to immediately change their Login Details and notify CTA. To prevent any inappropriate use of the App, the user must take particular care when storing the Smartphone they use to access the App with the software stored on it.
The user shall fully indemnify CTA from any damage arising from the use of the App by themselves or third parties within their area of responsibility that is in breach of contract or contrary to the terms of use.
9. Data protection
As part of the provision of the App by CTA, CTA processes user data, including personal data, which is made available on the App by the user or CTA or is generated through the use of the App. The installation and use of the App also require regular data transfer between the user's Smartphone and the App. The scope and frequency of data transmission depend on the type and scope of use of the App as part of the Service Offering. To ensure that the Apps functions properly, data is stored in databases.
In addition, CTA processes data for the following purposes in particular:
for the operation and provision of the App;
to improve the App as well as other products, services and information;
to maintain a relationship with the user: This also includes data processing for the purposes of sending advertising messages to the user and sending further information that can help the user to use and familiarise themselves even better with the functionalities and Service Offering when using the App.
By registering and using the App, the user expressly consents to the aforementioned collection and use of data. It is the responsibility of the user to ensure that the data provided, namely the Registration Data, is correct, complete and up-to-date at all times, and that it is amended and updated as required.
By using the App, data generated may also be collected and used for other purposes. Further details regarding this can be found in the Data Protection
10. Warranty and liability exclusions
CTA shall endeavour to ensure that the App is made available within the usual scope of business for contractual and proper use. However, the user uses the App exclusively at their own risk and responsibility. The user must check any hardware and software provided by CTA for the use of the App immediately upon receipt or installation and report any defects without delay. For defects reported in good time, the customer is only entitled to rectification, i.e. the replacement of the defective hardware or software.
At no time does CTA issue any guarantee for trouble-free and uninterrupted use, including access to the App, or that the App will be free of errors or usable, or that the App can be used with other services installed or otherwise used on the Smartphone in question. Likewise, CTA hereby expressly and fully excludes any warranty for threats to data security, loss of or damage to data and the accuracy, completeness and timeliness of the data, including for results based upon it.
In addition, any warranty is expressly and fully excluded in the event of use of the App that is in breach of contract or contrary to the terms of the use, any failure to comply with CTA’s instructions or guidance for use of the App, and any changes to the App that have not been agreed with CTA or have not been expressly authorised by CTA.
CTA hereby further expressly reserves the right to interrupt or block access to or use of the App at any time at its own discretion, in particular (but not only) for maintenance and/or security purposes and in the event of any use that is in breach of contract or contrary to the terms of use, and the right to deny access to or use of the App. In such cases, the user is instructed to refrain from using the App immediately and to request the services - if and in so far as made otherwise available by CTA - via other communication channels with CTA. However, CTA offers no guarantee that such communication channels will be provided or that any services offered will be provided to the same extent and in the same quality, including quantity.
All information provided by the user when using the App is for information purposes only and is non-binding, unless expressly stated otherwise. All liability for information provided by the App and any actions taken by the user as a result thereof is hereby expressly excluded. Furthermore, CTA excludes all liability for direct, indirect, immediate and consequential damages, regardless of their legal basis, arising from the installation, use, further use or deactivation of the App and changes to the App, to the extent permitted by law. This exclusion also extends to damage caused
due to the non-functioning of the App, especially if it is interrupted, switched off or blocked – even if CTA has done this intentionally (e.g. maintenance, restart, updates, updating of the App or individual components thereof);
due to blocking access;
due to unauthorised access by third parties (e.g. hackers, cybercriminals or other unauthorised users);
due to the actions of third parties during data transmission, such as the viewing, transfer, copying, forwarding, use, storage, application, publication, delay, interruption, modification, damage or destruction of data;
due to technical influences on data transmission, in particular those that interrupt, delay or prevent data transmission or alter or destroy data;
due to viruses or other harmful programmes (Trojans, etc.) that reach the user during data transmission;
due to the failure to recognise incorrect or forged identification credentials;
due to using the App in breach of contract or contrary to its intended use.
11. Applicable law/place of jurisdiction
All legal relationships between CTA and the user under these GTC are governed exclusively by Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) and under exclusion of the conflict of laws. The place of jurisdiction is Münsingen, Switzerland. However, CTA may also prosecute the user at their place of residence or registered office or at any other legal place of jurisdiction.
12. Final clauses
In the event of contradictions between the German and other language versions of these GTC, the German version shall prevail.
CTA reserves the right to unilaterally amend these GTC at any time without prior notice. Changes are published on the website App-GTCB and/or via the App. Amendments shall come into force when they are activated and are accepted by the user, if they continue to use the App after it has been activated.