TERMS OF SERVICE FOR THE CONNECTED BABY MONITOR AND APP

Thank you for choosing the Connected Baby Monitor by Philips AVENT (“Product”).

These terms of service are applicable to your use of the Philips Baby Monitor+ App (‘App’), a mobile application that connects to the Product and enables you to manage, control and maintain the Product, as well as avail other services as defined below.

Services

(i) Video and Audio Streaming. Once connected to the Product, your App streams the video and audio data from the Monitor enabling you to follow your baby’s special moments on the go.

(ii) Talkback and Lullabies. You can also use the talkback functionality that allows you to talk to the baby using your phone’s microphone, and record and pay lullabies using your App.

(iii) Monitoring and Alerts. The App allows you to keep track of motion, sound and temparature in the baby’s room.

(iv) Others. You can also see a history of all alerts received for the last 30 days in your App, control the night light function in your Product, take videos and snapshots of your baby’s special moments and enable guest users to access video and audio streaming.

In addition, if you are using the Philips Avent Baby Monitor (Premium Version), you have the option to request additional services, as follows:

(i) Sense IQ. This is an AI enabled solution that uses motion tracking to let you see your baby’s status, sleep sessions, and breathing patterns. You can easily turn off/on Sense IQ using your App.

(ii) Cry Detection. This is an AI enabled solution that is integrated to your Product, and analyses audio streams in real-time to detect if your baby is crying or not. If a cry is detected, you will be notified in your App. You can easily enable/ disable this feature in your App.

Third Party Service Integration

In addition to the above, you may also be eligible to activate Cry translation services from a third party, Zoundream AG (Zoundream), by requesting and activating this service through your App. Please follow the instructions in your App if you would like us to activate this service. This is not a service provided by Philips. Please make sure your read Zoundream’s terms of service-EU Zoundream’s terms of service-US prior to subscription. Some Products are eligible for a 3 months subscription trial for free, check in your Product if you are eligible for this Free Trial.

The Product shows video & audio on your own mobile device. When you use the Product on your mobile device, it provides you with live stream video & audio. The Product also measures room temperature. Furthermore, when your Product is connected to a network, it can transmit certain information, including activity and software information, to Philips. Philips uses this to diagnose issues or technical problems and suggest possible solutions and other consumer care related services (all together “Product Services”).

In order to be able to fully use the Philips Product Services and the App offered to you by Philips Consumer Lifestyle B.V. ("Philips") (collectively, the “Services”) you need to:

a. Download the App and accept the terms and conditions for use of the Services, set forth below, (the “Terms”);

b. acknowledge the App as formal channel of Philips communication to you i.e., in relation to any changes in the Services or Terms governing such Services (“Formal Communication”);

c. acknowledge that the Services rely on the availability of the infrastructure/system requirements and services of third parties (such as ISP, carrier or other), whether contracted by you or Philips.

Consumer Care: If you have any questions or concerns regarding the Products, the Services, or these Terms, please contact https://www.philips.com/support.

These Terms and Conditions is a binding legal agreement, and by using the Services, you agree to be bound by these Terms. The use of the Services for the Product is governed by these Terms.

Overview

Your purchase of the Product is governed by the limited warranty period of two years provided with the Product (“Limited Warranty”). This Limited Warranty is additional to these Terms and will not impair any statutory warranty rights you have as a consumer in your country of residence.

The software embedded in the Product (and any updates thereto) and the App (and any updates thereto) are licensed and governed by the Terms.

Suspension, Termination and Discontinuation

These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, Philips may (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if Philips in good faith believes that you have used the Services in violation of these Terms. Upon termination you are no longer authorized to use or access the Services.

Philips reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Philips will not be liable to you or to any third party for the exercise of the aforementioned right.

Account and (de)activation

(a) You may only create an Account and use the Services if you accept and comply with these Terms and applicable laws. Any use or access to the Services by anyone under the age of 13 is strictly prohibited and is a violation of these Terms.

(b) You agree to: (a) accurately provide all contact and other information requested by Philips and notify Philips immediately of any change in the information; (b) maintain the confidentiality of your Account login information and for all activities that occur under your Account.

(c) You may choose to deactivate or delete your Account through the “Deactivate account” option in the App or through the Philips Customer Care at www.philips.com/support/ or by contacting the Philips Privacy Office to delete your data at https://www.philips.co.uk/c-e/privacy-request.html. You will find information on the Website on the consequences of such deactivation or deletion.

Access and Use

Philips grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services by installing and using the App solely on designated handheld mobile device(s) (e.g., iPhone, iPad, or Android smartphone) subject to the Terms.

In case of loss of your handheld mobile device(s) or if you suspect unauthorized access to your Product please reset the camera to disconnect all App accounts from the Product and change the password of your account.

Please be aware that it is your responsibility – and not Philips’- that at all times you need to assure that your child is taken care of and should not be left alone. This device is not intended to leave your child physically unattended.

Compliance with Terms and Transfer or Sale of the Product:

You are responsible for your own compliance with these Terms and also for the compliance of all users of your Connected Product, whether or not authorized by you.

Automatic Software Updates

Philips may update or change software for seamless Services and may do so remotely without notifying you. Updates or changes are subject to the Terms. Philips will provide the necessary updates for a period of at least two years after the delivery of the product.

Certain Restrictions

You agree to (a) not use the Services in violation of any laws, regulation or court order, or for any unlawful or abusive purpose; (b) use the Services only as intended by Philips; (c) not use the Services in any manner that could harm Philips, its service providers, or any other person; (d) not to republish, reproduce, distribute, display, post or transmit any part of the Services, and (e) comply with any other reasonable requirements or restrictions requested or imposed by Philips, described in more details on the Website https://www.philips.com/a-w/terms-of-use.html .

Open Source

Certain items of independent, third party code included in the Services (and as indicated on the Website) are subject to open-source licenses.

Privacy Notice

Personal information will be collected when creating an account on the App or using the Services. The type of information collected and the purposes for which it will be used can be reviewed on our Privacy Notice available on the Website Privacy notice Baby Monitor+ app | Philips. This Privacy Notice may change from time to time By agreeing to these terms, you are also agreeing to the terms of the Privacy Notice and you undertake to review those terms, as such may be amended from time to time.

Jailbreak devices

This App is not intended for use on devices on which the operating system does not match the default standard anymore (“Jailbreak Devices”). You agree that you will not attempt to install or use the App on any Jailbreak Device. Any attempt to install or use the App on a Jailbreak Device will constitute breach of these terms, and may result in account termination, without refund, at the sole discretion of Philips. Philips is not liable for any damages resulting from the use on Jailbreak Devices.

Fees and Payable Upgrades

Access to the Services is offered to you by Philips free of charge. Philips may decide to offer additional Services (“Payable Upgrades”) for a fee. Philips will inform you if a Service is to be offered for a fee in the future. In such a case, you may choose to either continue your use of the offered Services for free, if applicable, or to choose the Payable Upgrade for the required fee or to terminate your use of the Service.

Third Parties and Third-Party Fees

It is possible that when you use the Services you will also use a service, download a piece of software, or purchase goods that are provided by a third party. Those third-party services and products may have their own applicable rules and restrictions, separate from these Terms, and you need to abide by them in regard to that third party.

You acknowledge that you (and not Philips) are responsible for all fees charged by third parties, such as your ISP or mobile device carrier, which provide you with specific requirements that enable you to use the Services.

Ownership and Intellectual Property

Philips owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the Services. 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 Services for their intended purposes. Philips retains all rights that are not otherwise expressly granted in these Terms.

If you submit a comment, suggestion or any other material (“Feedback”) to Philips related to the Services (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Philips, and acknowledge that we 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 Disclaimers

WITHOUT LIMITING THE FOREGOING, THE APP IS PROVIDED “AS IS'. ANY USE BY YOU OF THE APP IS AT YOUR OWN RISK. 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, AND ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. PHILIPS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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 SHALL INDEMNIFY PHILIPS FULLY AND HOLD PHILIPS HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE SOFTWARE FOR PURPOSES OF DIAGNOSIS OR TREATMENT.

Limitation of Liability

IN NO EVENT WILL PHILIPS, OR ANY OF ITS AFFILIATES, OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE APP, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH) HOWEVER CAUSED AND ON ANY 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 THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE APP.

Philips shall take appropriate commercially reasonable technical, physical and organizational measures to protect Personal Data from misuse or accidental, unlawful or unauthorized destruction, loss, alteration, disclosure, acquisition or access. PHILIPS SHALL NOT BE LIABLE FOR MISUSE OR ACCIDENTAL, UNLAWFUL OR UNAUTHROIZED DESTRUCTION, LOSS, ALTERATION, DISCLOSURE, ACQUISITION OR ACCESS ARISING FROM MISUSE OR NEGLIGENT USE OF THE APP OR MOBILE DEVICE BY THE USER, INCLUDING BUT WITHOUT LIMITATION LEAVING THE MOBILE DEVICE UNATTENDED, LOSS OF THE MOBILE DEVICE, UNAUTHORIZED ACCESS TO THE MOBILE DEVICE, THIRD PARTY ACCESS TO THE MOBILE DEVICE.

Formal Communication

From time to time, we may update these Terms. If we do, we will do this by Formal Communication. If we make a major change in the important points of these Terms (material change), we may alert you to the changes in a more prominent way. For example, we may temporarily highlight the new or revised sections in these Terms, temporarily post a prominent notice on the Website or registration/login page, or temporarily add the word "Updated" to the title of these Terms and/or any hypertext links pointing to these Terms. In some instances, we may also send you an e-mail message or other communication telling you about the changes and any choices you may have or actions you can take before they go into effect. Your inaction or continued use of the Services, including access of the Website, after any such alerts or notices, or your acceptance of any changes for which we require your prior approval, will tell us that you agree to these changes.

Governing Law

These conditions of use shall be construed, interpreted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof.

Your statutory rights under consumer protection laws in your country of residence remain unaffected by this choice of law.

The parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

Sole point of contact: No third party (including Apple and Google) is responsible for the App nor its content. Therefore, you should always contact Philips via https://www.philips.com/support for any questions, support, product claims and third-party intellectual property claims related to this App.

Finally: 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 and the Google Play Store (whatever store is relevant in your case) the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third-party beneficiary thereof.

You agree that you will not directly or indirectly, export or re-export the Services, Product, Product Software, App, and/or App Software to any country for which the United States Export Administration Act, or any similar United States law or regulation requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained.