Kohler Konnect (“Kohler Konnect” or “Service”) means mobile applications and related services (some of which are actually provided by third parties) provided by Kohler (China) Investment Co., Ltd. and its affiliates (collectively, “Kohler”, “We”, “Us” or “Our”), so that users (the “User(s)”, “You” or “Your”) are able to remotely connect to User’s products applicable to the Service which are manufactured, distributed or sold by Kohler (“Products”, including but not limited to, smart scales, smart toilets, massage bathtubs, shower products, water purification systems, bathroom heaters, steam shower equipment, smart mirror cabinet etc.), to control the Products or access other related Services.
Please carefully read and understand the following service terms (this “Agreement”) before you start to register or use Kohler Konnect, and pay special attention to the contents in bold. When you access or use related services of Kohler Konnect, you shall comply with the provisions of this Agreement. If you do not accept this Agreement, please stop accessing or using Kohler Konnect immediately. If you access or use Kohler Konnect or use related services through Kohler Konnect, you agree to and comply with the entire contents of this Agreement.
1.1 You acknowledge that you have the capacity of civil conduct appropriate to your behavior as required by the laws of the People’s Republic of China, when you register and use Kohler Konnect. If you do not have the above-mentioned civil capacity appropriate to your behavior, please register and use Kohler Konnect with the permission of your guardian, then you and your guardian shall be liable for all consequences arising therefrom in accordance with the law. In addition, you also need to ensure that you are not the subject of trade restrictions, economic sanctions, or other legal and regulatory restrictions imposed by any country, region, or international organization, and do not directly or indirectly provide funds, goods or services to the aforementioned objects, otherwise you shall stop registering or using Kohler Konnect, and you understand that violating the foregoing requirements may prevent you from registering or using Kohler Konnect properly.
1.2 Kohler hereby strongly suggests that you carefully read and fully understand all provisions of this Agreement, including the disclaimer clause which exempts or limits Kohler’s liabilities, the limitation clause which limits User’s rights and the clause which sets forth governing law and dispute resolution. Please carefully read and decide whether to accept this Agreement or not. To use Kohler Konnect, you should click the “Agree” button to accept all the terms of this Agreement. If you click the “Refuse” button, you will not be entitled to use Kohler Konnect. Once you click the “Agree” button, it means that you have understood and fully accepted all the terms of this Agreement, and this Agreement will constitute a legally binding agreement between you and Kohler. In the course of reading this Agreement, if you do not agree with or cannot accurately understand this Agreement or any provisions hereof, you should stop registering, accessing or using the Service immediately.
1.3 This Agreement comes into force when you click “Agree” button or you use the Service actually (whichever is earlier). Kohler may modify this Agreement from time to time, unless otherwise required by laws and regulations, such changes will be effective as of the date of publication, and we will inform you of such changes by notice, client push, email, SMS reminder or other appropriate means when you first access or use Kohler Konnect after such changes are made. If you continue to access or use Kohler Konnect after such modifications, it will be deemed that you have fully read, understood and unconditionally accepted such changes to the revised Agreement and related business rules.
1.4 Any and all statements, notices, warnings or other information made by Kohler in various ways (including but not limited to announcement, email, SMS reminder, etc.) regarding the use of certain specific Services, should be deemed as a part of this Agreement, and the User should be deemed to have accepted such statements, notices, warnings or other information if he or she uses such Services.
2.1 Kohler will provide specific Services based on actual situation, e.g. data synchronization, remote control of the Products, operating and sharing, etc.
2.2 User understands and agrees that Kohler has the right to adjust, suspend, change, terminate or limit part or all of the Services provided by it in accordance with the laws of regulations and the needs of its own business development. If you do not accept the above change, you shall immediately stop using the Services and terminate this Agreement. Once you continue to use the Service, you agree to accept the corresponding changes or adjustments. If the Service is suspended for maintenance or upgrade, Kohler will use its best effort to give a prior notice.
2.3 Unless otherwise expressly set forth herein, any improvement or enhance of any functions of Kohler Konnect, including the launch of upgrades or new versions, shall be governed by this Agreement.
3.1 User may use our Service after registering an account in the mobile program or other official channels provided by us. User shall provide Kohler with accurate registration information (including but not limited to account name, password, contact person and mobile number, etc.) when applying for registration. The information filled in by User shall be true and accurate. If User is unable to use the Service due to inaccurate or wrong information provided by User or any other reasons, Kohler will not assume any liabilities therefor. User shall maintain and duly update registration information as necessary to keep it current, complete and accurate at all times. If Kohler cannot contact with you using the updated information provided by you, or you fail to provide information as required by Kohler in a timely manner, or the information provided by you is demonstrably untrue, you will be liable for all losses to and adverse effects on you, others and Kohler.
3.2 User shall maintain the security and confidentiality of accounts and password. Any operation or instruction given by the User using the account will be deemed to be made by himself/herself.
3.3 User shall not transfer, sell or lend his/her account or password to others. If Kohler finds that the user of the account is not the account registrant, Kohler has the right to temporarily suspend the account without any liability to the account registrant or user for freezing the account, and the User shall be liable for any suspension of account, failure to access to information, loss of data or otherwise caused thereby. Users shall immediately notify Kohler if they become aware that their account or Services have been or may be illegally used by others. Kohler shall not be liable for the fraudulent, misappropriated or illegal use of the User’s account, passport or other information due to the User’s negligence or any other reasons not attributed to Kohler, expect as otherwise provided by laws and regulations.
4.1 All rights and interests of Kohler Konnect and any information content contained therein, including but not limited to program code, interface design, layout framework, data, account, text and any combination thereof, picture, graph, chart, audio and/or video materials and related intellectual property rights, shall belong to Kohler and protected by the Copyright Law of the People’s Republic of China, the Trademark Law of the People’s Republic of China, the Patent Law of the People’s Republic of China, the Anti-Unfair Competition Law of the People’s Republic of China and applicable international conventions and other intellectual property laws and regulations. Without the prior written consent of Kohler, no part of Kohler Konnect shall be, whether directly or indirectly, copied, released, broadcasted, rewritten or released for the purpose of broadcast or release, or used for any other commercial purpose, or reverse-engineered, decompiled or disassembled in whatever form. You shall not lend, sub-lend, sub-license, sell, distribute, mortgage or transfer Kohler Konnect and any part thereof.
4.2 All operating data of the Service, including user lists, user relationship, user usage, etc., and all rights thereof shall belong to Kohler, except as otherwise provided by laws and regulations. Without the prior written consent of Kohler, no one may save, back up, use, or transmit aforementioned data or authorize others to do.
4.3 Without Kohler’s prior written consent, the Service or any content contained therein may not be crawled, copied or monitored by any one in any way (including but not limited to, the use of robots, crawlers and other automated devices, manual procedures or mirroring on servers without Kohler’s prior written consent, etc.).
4.4 Kohler reserves the right to revise, modify, update, add, suspend, remove, amend, delete or otherwise change any part of Kohler Konnect at its sole discretion from time to time and shall in no event be liable for any claim, expense or damage arising out of or resulting from any of the foregoing.
4.5 Kohler hereby grants you a non-exclusive, non-transferable, limited, revocable authority and license to personally access to and use Kohler Konnect, provided that you shall comply with all terms and conditions of this Agreement and such license shall be used for family and personal purpose only. If you fail to, or are suspected not to, comply with any terms of this Agreement, without prejudice to any other rights and remedies available to Kohler, Kohler may, at its sole discretion, without prior notice to you, (i) terminate your use of Kohler Konnect; (ii) terminate any license granted thereunder; and/or (iii) prohibit your access to Kohler Konnect.
4.6 This Agreement and your use of Kohler Konnect shall not grant you any ownership interest in Kohler Konnect, but only grant you a limited license to use, which may be revoked in accordance with the terms of this Agreement.
5.1 User understands and agrees that Kohler has the right to release, in whatever form, any type of commercial advertisement or commercial information of any other kind in the performance of the Service, and in order to provide Services better, you agree to receive promotional information or other related commercial information from Kohler via email or otherwise. If you do not wish to receive such commercial information, you may do so by opt-out as set out in the commercial information at that time.
5.2 With respect to any content uploaded by User to a public domain through Kohler Konnect, you agree to grant Kohler a worldwide, free, permanent, irrevocable, non-exclusive and fully sub-licensable right and license to use, copy, modify, adapt, publish, translate, create derivative works based thereon, distribute, show and display such content (in whole or in part), and/or incorporate such content into other works, media or technology, in whatever form, currently known or to be developed, or take any other actions in good faith or otherwise authorized by you.
5.3 User shall comply with the following principles when using the Service:
5.3.1 Comply with all applicable laws and regulations of China and shall not use Kohler Konnect for any illegal purpose or commercial purposes;
5.3.2 Comply with all network protocol, regulations and programs related to network services;
5.3.3 User shall not interfere or attempt to interfere operation or use of Kohler Konnect by any means or device, including but not limited to spam, hacker and uploading computer virus or time bombs or any other means;
5.3.4 User shall not infringe upon rights and/or commercial interests of Kohler in whatever form or not take any actions detrimental to Kohler, including but not limited to releasing any commercial advertisement and other commercial information without Kohler’s permission;
5.3.5 You represent and warrant that you have the appropriate and legal rights to the information you post and the nickname, profile photo, signature, etc., and shall not upload, post, display or disseminate any of the following content through Kohler Konnect:
(1) in violation of the prohibitive provisions of laws and regulations;
(2) political propaganda, feudal superstition, obscenity, pornography, gambling, violence, terror or instigation of crime;
(3) fraud, false, inaccurate or misleading;
(4) infringement of the intellectual property rights of others or related to third party trade secrets and other proprietary rights;
(5) insulting, slandering, intimidating, involving the privacy of others and other infringements on the legitimate rights and interests of others;
(6) the presence of viruses, Trojan horses, reptiles, and other malware, program codes, which may damage, tamper with, delete, affect the normal operation of any system on the Kohler platform or secretly access to the data, personal information of the Kohler platform and other users without authorization;
(7) others that violate the public interest or public morality of the society or are not appropriate for publication on the Service and Products of Kohler in accordance with the relevant agreements and rules of Kohler.
5.3.6 User shall not infringe any other third party’s patent, copyright, trademark, trade secret and other intellectual property, or reputation, portraiture, privacy and other personal rights or any other legitimate rights and interests in any way;
5.3.7 User shall not take any other actions that are unfavorable to Kohler and Kohler’s Affiliates. If the use of the Service violates this Agreement, causing Kohler or its affiliates to assume liability or loss, the User shall be liable for liability and losses (including, but not limited to, reasonable attorney’s fees, etc.).
The term “affiliate” , with respect to any entity, means any other legal or non-legal entity that, directly or indirectly, controls, is controlled, or is under common control of such entity; the term “control” means the direct or indirect ownership of a majority of the equity or voting interests of an entity, or the ownership of less than a majority of the equity or voting interests while exercising substantial control over the entity’s financial and business policies, whether through ownership of equity or voting interests, or pursuant to articles of association or other documents or agreements of the entity.
5.4 Kohler has the right to review and supervise your use of the Service (including but not limited to verifying content you post and save in Kohler Konnect). If you fail to comply with any of the foregoing when using the Service, Kohler or a person authorized by Kohler has the right to require you to correct, or to take all necessary measures directly (including but not limited to changing or deleting the content you have posted, suspending or terminating your right to use the Services) to mitigate impact of your misconduct.
5.5 In case of the User’s violation of this Agreement, Kohler reserves the right to take one or more of the following measures:
5.5.1 Delete the information you upload, post, display or disseminate in Kohler Konnect;
5.5.2 Restrict, suspend or terminate your use of the Service;
5.5.3 Pursue your legal responsibility;
5.5.4 Other reasonable measure.
6.1 User shall bear all the cost of purchasing the Products supported by the Services.
6.2 User understands and agrees that, as the functions of Kohler Konnect is available online only, fees for relevant equipment (e.g. mobile phone, modem and other device for access to the Internet) and network communication in connection therewith shall be borne by the User.
6.3 Although Kohler Konnect is currently providing you with free services or features, Kohler reserves the right at any time thereafter to choose to convert some or all of the free services or features into paid services or features, as well as the right to add paid services, and we will notify you in advance that you have the right to choose to use or discontinue such services or features. If you refuse to pay for the relevant services, you will not be able to continue to use such services or features.
7.1 This Agreement comes into effect when you click the “Agree” button or when you actually use the Service (whichever is earlier), and continues to be valid during your use of Kohler Konnect until it is terminated in accordance with this Agreement.
7.2 We may discontinue your right to use the Service or Kohler account as required by law. Kohler has the right to modify or terminate this Agreement (or any part thereof), whether temporarily or permanently, at any time with the prior notice to the User, and Kohler shall not be liable to the User or to any third party.
7.3 You may terminate this Agreement by cancelling your account by navigating to My > Setting > Cancel Account.
7.4 Upon the termination of this Agreement, your right to use the Service will be terminated and Your account information will be deleted or anonymized from Our database. Kohler will assume no liability to you for any termination of this Agreement, including termination of your right to use account and deletion or anonymization of your account information.
8.1 User agrees and understands that some service of Kohler Konnect is available based on technology or service of a third party, and Kohler Konnect may be associated with technology or service products provided by third parties (collectively, “Thid-party Technology or Service”). User understands that this Agreement is executed between you and Kohler but not between you and such third party; you shall also abide by agreements with third parties regarding technology or service offerings that may be associated with Kohler Konnect.
8.2 Kohler has no supervisory obligation to the legality, validity, security, completeness or accuracy of any Third-party Technology or Service and/or your use and does not assume any express or implied warranties.
8.3 Any dispute, controversy or damage arising out of any Third-party Technology or Service shall be resolved between the User and such third party, and Kohler shall assume no liability therefor. For the avoidance of doubt, Kohler will not assume and is hereby exempted from any liability in connection with or arising out of any Third-party Technology or Service, including but not limited to that for quality, performance and functional fault.
You agree that you shall be liable for, and exempt Kohler and its officers, managers, agents and employees or any other party engaging in business on behalf of Kohler from, any liabilities and losses (including but not limited to reasonable legal fees and other professional fees) caused by any and all third party claim, action, liability, losses, damages, judgment, costs and fees arising out of or in connection with any of the following (collectively as “Claims”): (i) you or any person permitted by you to use Kohler Konnect fail to comply with or violate any provisions of this Agreement when using Kohler Konnect, or (ii) you or any person permitted by you to use Kohler Konnect violates any laws or regulations or infringe upon a third party’s rights.
10.1 Kohler Konnect is provided on an “as is” basis and not developed to satisfy your personal requirements. Therefore, Kohler disclaims any of the following guarantees or warranties that Kohler Konnect: (a) is compatible with your hardware and/or software; (b) meets your requirements or any specific performance or functions; (c) is always available, without interruption, safe or free of error all the time. Kohler disclaims any express and implied warranty in whatever form as to the effectiveness, suitability, timeliness, security, accuracy or completeness of the Service provided by Kohler Konnect.
10.2 Unless otherwise set forth herein in writing or otherwise stipulated by laws and regulations, Kohler will assume no legal liability upon the occurrence of any of the following:
10.2.1 User’s personal information is disclosed and the Service is not available due to User’s improper use or any other reasons.
10.2.2 User’s personal information is disclosed and the Service is not available due to hacker attack, computer virus invasion, illegal information invasion and similar reasons in any circumstance.
10.2.3 Equipment operating and monitoring is delayed or interrupted when using the Service due to network environment of User and any other force majeure event.
10.2.4 User’s personal information is disclosed and the Products are not available due to any reasons attributable to a third party (e.g. network communication service operators, Third-party Technology and Service providers) in any circumstance.
10.3 User agrees that the user shall bear the property loss, personal injury and related risks caused by the access and use of Kohler Konnect (including but not limited to the property loss or personal injury caused by prolonged remote operation, wrong operation or equipment overheating, short circuit, water overflow, fire caused by misunderstanding of the Service and Kohler Konnect). User will be solely liable for all damages caused by such risks and exempt Kohler from any liability for such damages.
10.4 Kohler is liable for basic maintenance as required by laws, but it is not liable for any damages suffered by you arising out of information network maintenance, connection failure, breakdown of computer, communication or other system, power failure, strike, riot, fire, flood, storm, explosion, war, governmental action, order of judicial and administrative authorities or any reason attributable to a third party.
10.5 User agrees that Kohler shall not be liable for any incidental or indirect losses incurred by User or any third party, including but not limited to loss of profits, loss of information, business interruption, loss of goodwill, loss of data, loss of revenue, etc., regardless of when and for what cause.
Kohler will collect, use and protect your data in accordance with Kohler Konnect Privacy Policy.
12.1 All notice given by Kohler to User under this Agreement may be made via announcement, email, system notice, regular mail or otherwise and shall be delivered to the intended addressee on the date on which it is sent.
12.2 All notice given by User to Kohler shall be delivered to the postal address, email address or other contact address officially published by Kohler.
13.1 This Agreement is governed by laws of the People’s Republic of China.
13.2 Any dispute or controversy arising under this Agreement shall be negotiated by both parties in the principle of equality and fairness. If the negotiation fails, the dispute or controversy shall be submitted to the court of the place where Kohler is located for litigation.
14.1 This Agreement is updated on [ 2024-12-1 ].
14.2 The title of all provisions of this Agreement is convenient for reading only, has no practical meaning in itself and cannot be used as the basis for interpretation of the meaning of this Agreement.
14.3 The terms of this Agreement are partially invalid and unenforceable for any reason, and the remaining terms shall remain in force and binding on both parties.
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