and Privacy Statement
posted on www.Brita.com
BY REGISTERING FOR THE PROGRAM, USING THE SOFTWARE THAT IS EMBEDDED ON THE PITCHER, ON THE SITE OR ON OTHER BRITA SERVERS (COLLECTIVELY, THE “SOFTWARE”), OR USING THE PROGRAM FEATURES ON THE SITE, YOU AGREE TO THE TERMS OF THIS USER AGREEMENT (THIS “AGREEMENT”) BETWEEN YOU AND THE BRITA PRODUCTS COMPANY (“BRITA” OR “WE”). IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THE SOFTWARE OR THE SITE OR PARTICIPATE IN THE PROGRAM. In that case, you may promptly return your Pitcher subject to the Amazon.com Returns Policy
1. Privacy Notice
When you activate your Pitcher, you will be required to register for accounts with both Brita Infinity and Amazon.com (“Amazon”), unless you already have an account. In registering, you will need to provide certain personal information to Brita and Amazon. As part of the set up process, you will need to provide the name and password of your wireless network. Your wireless name and password will not be stored by Brita; however, it will be stored on a microchip on your Pitcher. Your Pitcher also contains a unique identification code that will be linked to your Brita and Amazon accounts. For details on what to do before disposing of or transferring the Pitcher, please visit the Program’s frequently asked questions section at brita.com/infinity.
Your Pitcher will also transmit information about your Pitcher usage through Brita to Amazon, as further described below. Brita will receive from Amazon details on when your new Filters are ordered and shipped. Please review Brita’s Privacy Statement
and Amazon’s Privacy Notice
personal information you provide during registration and set-up to contact you about your Pitcher and
the Program, to improve the Pitcher and the Program and for other purposes set forth in our Privacy
2. Program Participation and Product Purchases
By participating in the Program, you agree to the automatic re-order of a new Brita water filter (“Filter”) each time your Pitcher indicates that a new Filter is needed. Please review the Filter Change Indicator section of the User Guide included with your Pitcher as well as the frequently asked questions section of the Site for more details on the Filter indicator technology. Once your Pitcher detects that it is time to order a new Filter, your Pitcher will automatically connect to your wireless network and access the Brita cloud service, which, in turn, will contact Amazon and order a new Filter on your behalf. All purchases made through your Pitcher will be governed by the terms and conditions applicable to Amazon’s Dash Replenishment Service, which may be found on Amazon.com (the “Amazon Terms”). You acknowledge that Brita does not control, and is not responsible for, the Amazon Terms.
If you sell, lose, or otherwise dispose of a Pitcher, you will need to discontinue your participation in the Program to avoid being charged for Filters ordered by that Pitcher after you no longer possess it. You can discontinue your participation in the Infinity program at any time by delinking all of your Pitchers through your Amazon.com account, which you can access directly or through your Brita Infinity account at brita.com/infinity. You can also clear your Pitcher of any record of your Wi-Fi network settings and your Brita account by holding down the START button on your Pitcher for 15 seconds.
Your Pitcher must be able to connect to a wireless network with access to the Internet in order to participate in the Program. Participation in the Program is only open to United States residents over the age of 18. Filters ordered through the Program may only be shipped to addresses in the United States. Your purchase of the Pitcher and Filters is also governed by Brita’s limited warranty, the terms of which are located at https://www.brita.com/water-pitcher-support/
3. License and Restrictions
Subject to the terms of this Agreement, Brita hereby grants to you a limited, nonexclusive and non-sublicensable license to use the Software on the Site and on each Pitcher that you own or control, solely for use in conjunction with your participation in the Program.
You may not, nor may you permit any other party to: (a) decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of the Software; (b) modify, translate or create derivative works of the Software in whole or in part; (c) use any portion of the Software other than on or in connection with your use of a Pitcher; (d) copy or use the Software for any purpose other than as expressly permitted in this Agreement or for any illegal purpose; (e) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; or (f) rent, lease, sell, loan, distribute, license, transmit, assign or transfer the Software, or your rights or obligations under this Agreement, to any other person or entity unless expressly permitted in writing by Brita. All licenses granted to you in this Agreement will immediately and automatically terminate if you fail to comply in any material respect with any term or condition of this Agreement (including without limitation any of the terms, policies, and other agreements referred to in this Agreement).
4. Software Updates
Brita may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Software and related services or address problems (“Updates”). You acknowledge that you may be required to install these Updates in order for the Software on your Pitcher to continue to communicate with the Program Software. If you do not want such Updates, your remedy is to stop using the Pitcher or discontinue your participate in the Program.
5. Proprietary Rights
The Software and all worldwide copyrights, trade secrets, and other intellectual property rights embodied in the Software are the exclusive property of Brita and/or its licensors. The Software (and every copy thereof) is licensed, not sold, to you under this Agreement. Brita and its licensors retain all rights, title and interest in and to the Software not expressly granted to you in this Agreement.
Certain items of software included with the Software are subject to open source licenses owned by third parties. That software is not subject to the terms and conditions of this Agreement, and instead is licensed under the terms of the end user licenses that accompany such software, which can be found here
. Nothing in this Agreement limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such open source software.
6. Term and Termination
Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms or if you cease to own a Pitcher. You may terminate this Agreement effective immediately by delinking all of your Pitchers through your Amazon.com account, which you can access directly or through your Brita Infinity account at brita.com/infinity. Upon termination of this Agreement for any reason, Brita may terminate your use of the Program features on the Site, and you must stop use of the Software. The terms of Sections 5 through 13 will remain in effect after any termination. Brita’s failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
7. Warranty Disclaimer
EXCEPT FOR THE LIMITED WARRANTY APPLICABLE TO PITCHERS AND FILTERS FURTHER DESCRIBED AT https://www.brita.com/water-pitcher-support/
, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRITA PROVIDES THE SOFTWARE “AS-IS” AND DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. BRITA MAKES NO WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE. YOU USE THE SITE, THE SOFTWARE AND THE PTICHER AT YOUR OWN DISCRETION AND RISK.
8. Limitation of Liability
9. Exclusions and Local Laws
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Furthermore, mandatory local consumer protection laws, which this Agreement does not replace or exclude, may offer you legal rights and remedies in addition to the rights and remedies provided to you under this Agreement. Accordingly, some of the above limitations may not apply to you. To the extent Brita may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Brita’s liability shall be the minimum permitted under such applicable law.
10. Government End Users
If you are the U.S. Government or if you are a contractor or subcontractor (at any tier) of the U.S. Government and are licensing the Software for use by the U.S. Government or in connection with any contract or other transaction with the U.S. Government, you acknowledge that by accepting delivery of the Software, the Software is classified as "commercial computer software" and the documentation is classified as “commercial computer software documentation” or “commercial items,” pursuant to DFAR Section 227.7202 or FAR Section 12.212, as applicable. Any use, modification, reproduction, display or disclosure of the Software or any documentation by the United States Government is governed by the terms of this Agreement.
11. Export Controls
The Software and related technology are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Software and related technology, as may be required. You will indemnify and hold Brita harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
. Additionally, you acknowledge that the Software contains valuable trade secrets and proprietary information of Brita, that any actual or threatened breach of Section 3 (License and Restrictions) of this Agreement will constitute immediate, irreparable harm to Brita for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. In such instance, Brita may seek injunctive relief, without posting bond or other security, rather than arbitration in any court having jurisdiction to protect its intellectual property.
Neither Brita nor its licensors (including Amazon) will have any responsibility to provide maintenance or support services with respect to the Software or the Program. We or they may change, suspend, or discontinue the Software or the Program, or any part of them (including without limitation the Amazon Terms), at any time without the need to provide actual notice to you. We may amend this Agreement at our sole discretion by posting the revised terms on the Site. Your continued use of the Site or the Software after the effective date of the revised Agreement constitutes your acceptance of the terms. However, Brita will use reasonable efforts to provide a reasonable notice period in advance of any changes that will materially affect your use of the Software or the Program.
If a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will remain in full force. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Failure of a party to enforce any provision of this Agreement shall not constitute and shall not be construed as a waiver of such provision or of the right to enforce such provision. This Agreement, along with the other documents that make up the Agreement as specified above, sets forth the entire agreement between the parties with respect to your use of the Software and supersedes all prior or contemporaneous representations or understandings regarding such subject matter. No modification or amendment of this Agreement will be binding unless in writing and signed by an authorized representative of Brita. Neither the rights nor the obligations arising under this Agreement are assignable by you, and any such attempted assignment shall be void and without effect. Subject to the foregoing, this Agreement is binding upon and is for the benefit of the respective successors and assigns of the parties hereto. Any notice to you may be provided by email to the address that you registered with Brita. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement.
If you have questions regarding this Agreement, the Site, the Pitcher or the Program, please contact Brita