The terms and conditions of use include general information on the Home App as well as further details on login, any costs and data protection, for example.
The App can be used only by Swisscom Customers who are resident in Switzerland and have an Internet connection and a Swisscom Internet box. Different functions are supported and displayed depending on the Internet box model. In order to use the telephony function, the Customer must have a Swisscom Internet subscription with IP fixed-line telephony (further information can be found at: www.swisscom.ch).
The Customer receives a time-limited, non-exclusive, non-transferable right to use this App. The Customer does not receive any right to make technical modifications to the App and to continue using the corresponding results.
4.1 Login upon download of the App
After downloading the App, the Customer must log in. To do so, the Customer must enter his/her Internet-box admin password, which must also be entered in order to access the web portal to adjust the settings for the Internet box. If the Customer does not know his/her Internet-box admin password, a new password may be set via the Internet-box web portal, or directly within the App.
If the Customer does not actively log out or uninstall the App, he/she will normally remain logged in. An automatic log-out does not take place if the end device is switched off or experiences a system crash.
4.2 Additional password protection for individual functions
Most of the functions operate without additional password protection. For certain functions (e.g. child protection), an additional entry of the Internet-box admin password will be necessary before each use of the function. An automatic log out will take place 10 minutes after the last activity.
4.3 Use while stationary and on the move
If the Customer is logged in and has an Internet connection, the Customer will be able to use most of the Home App’s functions both at home and on the move. Use on the move will not be possible in the case of certain functions that require a connection to a local WLAN, e.g. the WLAN Test or WLAN speed during a Speed Test.
The Customer shall be solely responsible for the secure handling of the App and the mobile end device. Swisscom recommends password-protecting access to the mobile end device on which the App is installed in order to protect the personal data that could be viewed via the App in the event of loss or theft of the mobile end device. In this respect, Swisscom completely excludes all liability. Data encryption may not function on devices whose usage restrictions (e.g. SIM lock) have been removed without authorisation. In this respect, the Customer bears the full risk him/herself, particularly in cases where third parties access the Customer’s data.
If the Customer loses his/her device, or if it is stolen, the Customer has the option, via the web portal for his/her Internet-box, to block remote access to his/her files from the lost mobile end device.
The App makes it possible to make calls via Internet Protocol over the Wi-Fi connection linked to the Home App. If a call is made with the App, perfect call quality cannot be guaranteed. Call quality depends on the quality of the connection at the location in question.
Calls are invoiced as fixed network calls.
The third-party providers and the services and products they are currently offering in Swisscom’s Home App can be checked online at www.swisscom.ch. Support for services and products of third-party providers is provided directly and exclusively by these third-party providers.
One-time fees may be charged for the Internet-box router.
The Home App is free of charge. Use of the App may result in data-transfer fees depending on the provider and type of subscription or if the App is used abroad.
If features are controlled via the Home App, the corresponding data/configurations are generally stored on the router in the same manner as when they are adjusted on a PC.
When the App is used, Home-App-specific data are transferred to the mobile end device, where they are stored in encrypted form. Swisscom does not have access to these data. Any Customers wishing to erase their data stored on the mobile device must log out after each use of the App.
To enable data encryption on Apple mobile devices, the Customer must first password-protect his/her device. In order for certain features to operate, the Customer has to have activated the use of location data on his/her device and must give the Home App access to them. Any processing of location data by the device manufacturer is beyond the control of Swisscom.
10.2 Use of the App
For the present App, the Customer agrees that Swisscom may evaluate his/her user behaviour within the App (e.g. which features and pages are generally called up and how often). This takes place in anonymised form, with the exception of the IP address, which is utilised to determine the geo-location (country/region/city). For the purposes of analysing user behaviour, Swisscom collaborates with Adobe Analytics, which may involve transfers of these data abroad.
10.3 Smart Home
Information on the devices added by the Customer (e.g. device name, icon, colour, space allotment, and scene and control settings) are stored in the router. Swisscom accesses these data for support purposes and in aggregated form for the further development of services, design of products as well as for marketing purposes unless the Customer has exercised his/her right to object to this use.
Swisscom may notify the Customer when a new Smart Home-ready device is available in his/her home network. The Customer has the option to deactivate this notification.
Furthermore, the Customer acknowledges that, for most Smart Home Devices, the manufacturer will have access to the data stored on the corresponding device (e.g. film recordings from a camera, measurement data from a weather station). The processing (storage, etc.) of these data by the manufacturer is beyond the control of Swisscom.
In the case of the language assistant, which enables individual activation/deactivation of the voice control for each feature on the Swisscom Box, the settings are stored on the server for the language assistant (back-end). Data protection provisions containing specific information on how these data are processed can be accessed from the Swisscom Box.
10.4 Central storage (NAS)
The Home App enables the Customer to view data stored in central storage (NAS). These data are stored in the form of an unencrypted cache in the App but not on Swisscom's servers.
Support requests may be submitted at https://homeapp-faq.swisscom.ch/hc/en-us. If the problem is not associated with the Home App but instead with the Customer’s router, the data processing shall take place in accordance with the ST for Internet. In order to process support requests, Swisscom uses customer interaction software produced by the company Zendesk (USA). If problems arise in connection with this software, Zendesk will be granted access to the support request and the associated information exchange if and to the extent that this is necessary for the purpose of correcting the fault with the customer interaction software.
Swisscom and the third parties engaged by it cannot guarantee the uninterrupted and fault-free operation of the present App. Furthermore, Swisscom does not give any guarantee for the proper functioning and security of third-party products and services integrated into the App (see Section 8).
The liability provisions specified in the GTC shall apply.
If the Customer fails to comply with his/her duties of care, Swisscom shall not, under any circumstances, be liable for potential losses or damage resulting from losses of data or software programs not backed-up by the Customer.
With respect to services and products of third-party providers offered in the Home App, these third-party providers shall be exclusively liable to the Customer in accordance with their legal terms (see Section 8).
The Customer shall be liable for breaches of contract by the Customer and corresponding third-party claims. If claims are asserted against Swisscom or the Online App Store, the Customer shall indemnify the Online App Store and Swisscom against any third-party claims.
This software is subject to the export control regulations and other laws of the USA and may not be exported, re-exported, or transferred to certain countries (currently Russia, Ukraine, Cuba, Iran, North Korea, Sudan and Syria) or to persons or legal entities who are prohibited from receiving export goods from the USA (including those listed (a) in the Denied Persons List or Denied Entity List of the Bureau of Industry and Security and (b) in the List of Specially Designated Nationals and Blocked Persons of the Office of Foreign Assets Control).
Swisscom may modify the present App anytime without giving separate notice in advance, integrate new thirdparty services into it, remove such services from it or discontinue the App in its entirety. Swisscom shall also be entitled to amend these present Terms and Conditions of Use at any time. Swisscom shall give the Customer due notice of such amendments. By continuing to use the App, the Customer accepts such amendments. The Customer is always at liberty to delete the App immediately at no charge.