Terms of use for the Treatment App    

This application (the “App”) is offered to you by Philips Consumer Lifestyle B.V. (having its address at Amstelplein 2, 1096 BC Amsterdam, the Netherlands) (“Philips”).

What this App does for you:

This App also allows you to control the connected Philips’ pain relief device on your handheld mobile device (such as your cellular phone, tablet, or other handheld connected device). Within the App you can select from a range of treatments and start and stop the connected Philips’ pain relief device as needed. The App also provides other features you can access, such as a diary to keep track of your pain, mood, sleep quality activity and coping levels. This App facilitates the communication with you and enables the transmission of information from your connected Philips’ pain relief device to allow you to monitor your pain, mood, sleep quality, activity, coping levels and device usage. If you do not wish to download and use this App, you will not be able to access all the features the connected Philips’ pain relief device can provide you with. We are excited that you are going to use this App, there are just a few rules and restrictions we ask you to keep in mind. We encourage you to read on.

Precautions

You are advised to always consult a physician for questions regarding your medical condition and your use of the connected Philips’ pain relief device. The connected Philips’ pain relief device is not suitable for everyone. People having contraindications as listed in the (safety) documentation of the connected Philips’ pain relief device should not use this App or the device.

By downloading and using this App, you agree to these terms of use for the Treatment App.

Your conduct: In connection with your use of the App, you agree not to:

A reproduce, duplicate or copy the App, or any part, for commercial or unlawful purposes

B access without authority, interfere with, damage or disrupt:
any part of the App;
any equipment or network on which the App is stored;
any software used in the provision of the App; or
any equipment or network or software owned or used by any third party

C use or copy any material from the App, including, but not limited to, onto other websites or in other mobile applications; or

D frame any of the App onto your own or another person’s website or mobile application;

E disclose to any third party a user identification code, password or any other piece of information provided to you as part of Philips’ security procedures and if you failed to comply Philips has the right to disable any user identification code or password at any time.
install and use the App solely on designated handheld mobile device(s) (e.g., iPhone, iPad, or Android smartphone) for the sole purpose of using the connected Philips’ pain relief device. Your right to use this App does not include any right or license to use, distribute or create derivative works of the software in any manner that would subject the software to the terms of any license that directly or indirectly (1) create or purport to create obligations for Philips with respect to the software or derivatives works thereof; or (2) grant or purport to grant any third party any rights or immunities under intellectual property or proprietary rights in the software or derivative works thereof. Ownership and IP in the App: Philips owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the App.

You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without Philips’ prior written consent except to use the App for its intended purposes. If you submit a comment, suggestion or any other material English

(excluding any illegal content) to Philips related to the App (“Feedback”) , you hereby assign all ownership in and to such Feedback to Philips, and acknowledge that Philips will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you, or grant Philips a license to use such Feedback without any restrictions to the extent the foregoing is deemed ineffective. Warranty disclaimer on the App: This App is provided “as is”. Any use of the App is for your own risk and account.

To the maximum extent permitted by law, Philips disclaims all warranties of any kind; either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, any implied warranty of non-infringement. Philips does not warrant that the functions contained in the App will meet any requirements or needs you may have or that the App will operate error free, or in an uninterrupted fashion, or that any defects or errors in the App will be corrected, or that the App is compatible with any particular platform. Warranty on the device: The use of the Philips’ pain relief device is governed by the warranty and instructions for use as provided together with the Philips’ pain relief device. Warranty in general: These terms of use will not impair any statutory warranty rights you have as a consumer in the country of your residence.

Automatic software updates: Philips may update or change the App for seamless service, and may do so without notice to you. If the need arises, we may suspend access to the App, or close it indefinitely. Updates or changes may be subject to updated terms of use. If you do not agree to such updates, your sole remedy is to cease using the App. Third parties: Use of the App does not include the provision of a mobile device or other necessary equipment to access it. To use the App you will require internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any telephone or other costs you may incur or be charged for by third parties. It is possible that when you use the App you will also use a service, download a piece of software, or purchase goods or services that are provided by a third party. Those third party services and goods may be subject to their own rules and restrictions, separate from these terms of use, and you need to abide by them in regard to such third party.

Open Source Software: The Apps may contain components that are subject to open-source terms. You may download and use this open source software under the conditions stated in the respective license terms.

Privacy: Philips values and respects your privacy. Please read the Privacy Notice. Liability: To the maximum extent permitted by applicable law, Philips accepts no liability for any damages incurred as a result of your use of the App In no event will Philips, or any owners or licensors of, or author or contributors to the App be liable for any direct, indirect, incidental, special, exemplary or consequential damages (such as, but not limited to, procurement of substitute goods or service; loss of data, use or profits; business interruptions) however caused and on ay theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of the App, even if advised of the possibility of such damage. Philips’ aggregate liability with respect to its obligations under these terms of use or otherwise in connection with this App shall not exceed the amount of 100 (one hundred) Euros. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so the above limitation or exclusion may not apply to you. If any limitation on remedies, damages or liabilities is prohibited or restricted by law, Philips shall remain entitled to the maximum disclaimers and limitations available under these terms of use and at law.

You understand and agree that Philips is not engaged in the practice of medicine and that the app is an information tool only and is not a substitute for professional judgment of healthcare providers in diagnosing and treating patients. You agree on a voluntary basis and at your own risk in any events or activities you have learned about through this app.

Jurisdiction: These terms and conditions shall be construed, interpreted and governed by the laws of the country of your residence without regard to conflict of law provisions thereof. Severability: If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining terms of use shall survive, remain in full force and effect and continue to be binding and enforceable.

U.S. anti-boycott: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Also you irrevocably grant Apple the right (who will be deemed to have accepted that right) to enforce this representation and warranty against you as a third party beneficiary. Sole point of contact for the App: No third party is responsible for the App or its content. Therefore you should contact Philips via www.philips.com/contact for any questions, support, product claims and third party intellectual property claims related to this App, these terms of use, or the Philips’ pain relief device.

Enjoy this App and make the most of your connected Philips’ pain relief device!