Parametric Products App – Terms of Use & Privacy Policy

The Parametric PRODUCTS App (hereinafter “PPA”) is an app and service provided by Parametric GmbH (hereinafter “Parametric”) in Switzerland. By using the app the user (hereinafter the “user”) confirms to have read and understood these terms of use and agrees to them.Basic Terms

Basic Therms

  • PPA is made available to our customers free of charge. Some features of PPA, however, may only be available via subscription or purchase with costs. In order to use all features of PPA, the registration as a User with a user account including a username and a valid email address as well as access to the Internet may be necessary.
  • PPA is partially provided via App Stores and their associated infrastructure, for example the Google Play Store. The User shall use such App Stores independent from Parametric and the respective Terms of Use shall apply.
  • For some features, PPA will have to access camera, location information and further data on the User’s smartphone which PPA might only be able to access with the express consent of the User. Such access allows the User for example to scan a device serial number or attach photos to service reports. Depending on the operating system used, the User must expressly confirm such access, if applicable, or can expressly block the access for PPA.
  • The User expressly agrees to receive automated email messages regarding the PPA status changes.
  • With regard to user content subject to intellectual property rights, the User shall expressly grant Parametric s a royalty-free, sublicensable, non-exclusive and worldwide license to use such content in connection with PPA subject to mandatory legal provisions.
  • Parametric shall endeavor to ensure a high availability and reliability of PPA (“best effort”). However, Parametric can expressly not guarantee that PPA or individual features of PPA are continuously, at any time and/or fully available. Parametric recommends the User to perform a regular data backup of his/her smartphone including PPA.
  • The User shall not be legally entitled to use PPA. Parametric may discontinue its providing of PPA or exclude the User from using PPA at any time without stating any reasons. Parametric may change PPA at any time without stating any reasons, in particular with regard to paid functionalities, if any.

Privacy

  • Parametric and PPA shall be subject to Swiss data privacy laws.
  • Data in connection with PPA including personal data (hereinafter “Data”) will on the one hand be stored and processed on the smartphone of the User and on the other hand in Firebase of Google Inc. and other Google companies (hereinafter “Google”) in the United States of America (USA). The transmission of the corresponding Data will be encrypted. For details regarding Firebase, please refer to the corresponding Privacy Policy of Google. The User expressly agrees to the processing of his/her Data in the USA.
  • In connection with PPA, in particular the following data can be stored and processed in Firebase: Task lists and their contents, for example descriptions, photos; information on user accounts such as username, email address, profile picture, country, language, user ID and the password in encrypted form; information on the smartphone used and the Internet connection used such as device ID (“device token”) and IP addresses; user settings;  information regarding the current location of the smartphone used, for example current geographical coordinates of devices.
  • For the purpose of continuous improvements, Parametric analyses the use of PPA with Google Analytics, which is provided by Google in the USA. The analysis takes place in anonymised and aggregated form, i.e., Parametric does not relate the results to individual users. The transmission of the corresponding data, including personal data and IP addresses, among other things, is encrypted. For details regarding Google Analytics please refer to the corresponding privacy policy of Google. The user expressly agrees to the processing of his/her data in the USA.
  • Google has committed to warranting a reasonable level of privacy which is similar to the Swiss data privacy laws based on EU Model Clauses.
  • PPA is partially provided via App Stores and their associated infrastructure, among others for push messages to the User. The User shall use such App Stores independent from Parametric and the respective Privacy Policies shall apply.
  • Subject to mandatory legal provisions, personal data will exclusively be used by Parametric in connection with the provision of PPA as well as for the operation of the corresponding infrastructure.

Limitation of Liability

  • Subject to mandatory legal provisions, Parametric shall not assume any liability for direct or indirect damage caused by the use of PPA or in connection with PPA.
  • In the case of violations of these terms of use and in the case of violation of rights and corresponding claims of third parties, the User shall expressly indemnify Parametric from any liability and shall be liable for damages vis-à-vis Parametric to the full extent.

General terms

  • Paramteric may change these terms of use at any time.  The User may discontinue the use of PSA at any time. By continuing the use of PPA after changes of these terms of use have been notified, the User shall expressly consent to such changes.
  • Subject to mandatory legal provisions, the use of PPA shall be exclusively governed by Swiss laws with Interlaken (Switzerland) being the exclusive place of jurisdiction.