PHILIPS CONNECTED BABY MONITOR AND BABY MONITOR+ APP TERMS OF USE

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

These terms of use are applicable to your use of the connected Product together with 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. The Product and App may be collectively referred to as the ‘Offering’ where relevant, in these Terms of Use (‘Terms’ or ‘Agreement’). If you are a user of this Offering in the European Union, please be aware that additional terms contained in Annex I are hereby incorporated into this Agreement and constitute an intrinsic part of this Agreement.

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:

(v) 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.

(vi) 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 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.

Paid Services

Moments feature

Eligibility. Depending on your country of residence, you may activate the Moments feature by purchasing a paid subscription available in the App for users of certain models of the Philips Avent Baby Monitor.

Service Description. The Moments feature allows you to track your baby's movement and sounds through automatically recorded video clips of up to 30 seconds. The actual length of a recording may vary due to technical factors, including network conditions and device performance.

Video recordings are triggered by the events you set up in the App depending on the model of the Product you own, such as motion, sound, cry and baby awake. If all event triggers are disabled, the feature will stop automatic video recordings.

The detection of events by your baby unit relies on an automated system and may not operate perfectly. These systems may fail to detect certain events or may initiate recordings when no relevant event has occurred. Philips does not guarantee that all events will be captured or that recordings will only occur when intended.

Access and Eligible users. The user who first sets up the baby unit and connects it to the App becomes the First Admin of the Product. The First Admin may invite a Second Admin through the App settings, allowing both users to access all App features. Both the First and Second Admin may activate the subscription and view, download, and delete video recordings associated with the Moments feature. Guest users do not have access to this feature.

Storage and Access to Recordings. The video recordings are stored and encrypted in the cloud and displayed chronologically in the App for up to 7 days. You may download the recordings to your mobile device if you want to keep them longer.

Philips does not modify or edit the video recordings uploaded to the cloud. You may delete the video recordings stored in the cloud and displayed in the App at any time. Once deleted, recordings are removed from our servers and cannot be restored. Recordings stored in the cloud are automatically deleted after 7 days unless you delete them earlier. Deleting a recording from the cloud does not remove copies you have already downloaded to your mobile device.

Subscription. You may activate one subscription per Product. The subscription is activated immediately after successful completion of the payment flow. Once activated, the subscription term cannot be paused or suspended.

If your Product already has an active subscription and you purchase an additional subscription for the same baby monitor device, the new subscription will replace the existing one on that device. The original subscription will remain valid and may be transferred to another compatible Product or cancelled in the App. Subscription Fees.

The subscription fee shown in the App covers access to the Moments feature only. Before purchasing, please review and confirm the applicable price, service content, and subscription type displayed in the App. All purchases must be completed by following the onscreen instructions.

Free Trial. Each account created in the App is eligible to activate the 7‑day free trial once. After the free trial ends, the subscription fee will be automatically charged for each billing period unless you cancel the subscription before the end of the trial period. Please review the free trial terms and validity period displayed in the App.

Auto-renewal. The subscription renews automatically at the end of each billing period unless cancelled before the renewal date. By subscribing, you authorize our third‑party payment provider (Stripe) to charge the applicable subscription fee on a recurring basis. Stripe processes your payment information directly and connects to your bank to validate the transaction. If a payment attempt is reported unsuccessful by Stripe, Philips may suspend or terminate access to the feature.

Cancellation of auto-renewal. If you are the Admin user who started the subscription, you may cancel auto‑renewal at any time through the App. The cancellation will take effect at the end of the current billing period. Cancelling auto-renewal prevents future charges but does not affect fees already paid, which are non‑refundable. After your subscription expires, video recordings will remain available in the App for up to 7 days, depending on when the last recording was created. If you decide to delete your account while a subscription is still active, you must cancel the subscription before deleting your account.

Changes to the feature. Philips may modify the feature, subscription type, or pricing from time to time. Any changes will apply from the next billing period and you will be informed prior to purchase or renewal.

General Terms

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 16 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.

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 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.

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 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.

ANNEX I

ADDITIONAL TERMS APPLICABLE TO USERS OF THIS OFFERING IN THE EUROPEAN UNION

To the extent that Regulation (EU) 2023/2854 (the 'EU Data Act') applies to the Parties in relation to the Offering, and the Offering or a part of it qualifies as a Connected Product and/or a Related Service under the EU Data Act, the following terms shall apply.

Definitions
Capitalized terms used in this clause (e.g. Data Holder, User, Connected Product, Related Service, Product Data, Related Service Data) shall have the meaning given to them in the EU Data Act.

Roles of the Parties
Philips acts as the Data Holder of the relevant Connected Product and/or Related Service.

For the purpose of these Terms, if you are the First Admin or Second Admin account holder in the App, you qualify as User under the EU Data Act, with the right to access both, Product Data and/or Related Service Data where relevant.

If you are a Guest account holder in the App, you may only qualify as a User in the context of Related Service Data. Please note that Guest account holder(s) do not qualify as Users of the Product under the EU Data Act, and therefore, do not have a right to access Product Data.

For details on the categories of information that qualify as Product Data and/or Related Service Data applicable to this Offering, please refer to the documentation provided by Philips in connection with the Offering.

Access to Data
If you do not already have direct access to your Product Data and/or Related Service Data, you may request access to specific Product Data or Related Service Data under this Agreement. Any such request must be submitted in writing and include: (i) the legal basis and rationale for the request, and (ii) sufficient information to allow Philips to verify the identity of the User in relation to the relevant Connected Product or Related Service.

Conditions and restrictions on data disclosure
If a legally valid data access request is submitted, Philips may, at its discretion, decline the request or suspend ongoing data sharing (if already initiated) in any of the following cases:

a. Personal data concerns: i) the requested data contains personal data, and ii) the User is not the data subject and iii) Philips determines that there are no valid legal bases under applicable data protection law to make the personal data available.

b. Trade secret protection: i) Philips deems the requested data qualifies as a trade secret under applicable law, and ii) its disclosure would reasonably be expected to cause serious economic harm to Philips or to a third-party trade secret holder; iii) the Parties are unable, despite good faith efforts, to reach an agreement on adequate technical and organizational protective measures.

If Philips agrees to disclose Product Data or Related Service Data that contains personal data or trade secrets, in addition to any terms and conditions established in a separate agreement, the User shall: i) implement and maintain appropriate legal, technical, and organizational measures to ensure the confidentiality, integrity and lawful processing of such data; ii) refrain from disclosing such data to third parties without the prior written authorization of Philips; iii) remain fully liable for any unauthorized use, disclosure, or breach; iv) not modify, disable or circumvent any technical protection measures implemented by Philips.

If Philips agrees to disclose Product Data or Related Service Data, User may use such data solely for lawful purposes and in accordance with this Agreement. User expressly agrees not to: i) use the data to develop, or support the development of, products or services that compete with Philips’s products or services, nor share the data with a third party with that intent; ii) use the data to derive insights into Philips’ economic situation, assets and production methods; iii) exploit vulnerabilities or gaps in Philips’s infrastructure to gain unauthorized access to data; iv) share the data with any third party that holds significant control over access to digital markets or platforms; v) use the data in any manner that violates applicable legal or regulatory obligations.

Use of Data
User hereby authorizes Philips and its Affiliates to use any readily available Product Data or Related Service(s) Data for the following purposes:

a. performing any agreement with the User or activities related to such Agreement;

b. providing support (e.g. maintenance, troubleshooting), warranty, guarantee or similar services or assessing User’s or third party’s claims (e.g. regarding malfunctions) related to the Offering;

c. monitoring and maintaining the functioning, safety and security of the Product, service and/or intellectual property therein and ensuring quality control;

d. complying with applicable laws, including obligations imposed on Philips in its capacity as manufacturer of the Product under product and sector-specific regulations and standards.

e. improving the functioning of any product or service offered by Philips;

f. developing new products or services, including artificial intelligence (AI) solutions, developed by Philips, by third parties acting on behalf of Philips or in collaboration with other parties or through special purpose companies (such as joint ventures);

g. validating product or service performance and substantiating technical or marketing claims;

h. generating anonymized or aggregated data or creating derived data, for any lawful purpose (including with the aim of making available such data to third parties).

i. sharing these data with third parties provided that: i) the third party uses the data only to support Philips in carrying out the purposes listed above, or to pursue those purposes together with Philips; and ii) Philips puts in place binding contracts requiring the third party to: use the data only for the agreed purposes, protect the data with appropriate technical and organizational safeguards, and not share the data further. Philips may always use service providers, such as cloud computing, hosting, or similar services, to achieve the agreed purposes listed above.

Philips undertakes to apply appropriate protective measures for the data that are reasonable in the circumstances, considering the state of science and technology, and the costs associated with the protective measures.