Terms of service for Philips Connected Air Purifier and Air Quality Monitor
Thank you for choosing a Philips Connected Air Purifier or Air Quality Monitor. Overview Suspension, Termination and Discontinuation Account and (de)activation Access and Use Compliance with Terms and Transfer or Sale of the Connected Product: Automatic Software Updates Certain Restrictions Open Source Fees and Payable Upgrades Third Parties and Third Party Fees Ownership and Intellectual Property Warranty Disclaimers Limitation of Liability Governing Law
Your Connected Product is capable of providing you with many services to help you manage and maintain your Connected Product. When your Connected Product is connected to the Philips network, it is capable of transmitting certain information, including activity and error codes, to Philips. Philips uses this to provide you with related notifications and other related services (“Connected Product Services”).
In addition, you may use certain Connected Product applications provided by Philips on your mobile device (such as your cellular phone, tablet computer, or other connected device) to manage your Connected Product remotely, as well as other features (the “App”).
In order to be able to fully use the Philips Connected Product-related Services, the App, and the Website offered to you by Royal Philips ("Philips") (collectively, the “Services”) you need to:
a. Create an account for the use of the Service (the “Account”), and accept the terms and conditions for use of the Services, set forth below, including guidelines, terms, or rules, and the Privacy Statement, all incorporated by reference (the “Terms”);
b. Activate the Services by registering the Connected Product and the App to your Account;
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.
Customer Service: If you have any questions or concerns regarding the Connected Products, the Services, or these Terms, please contact Philips Customer Service: www.support.philips.com
These Terms and Conditions are a binding legal agreement, and by using the Services, you agree to be bound by these Terms. The use of the Services for the Connected Product is governed by these Terms.
Your purchase of any Connected Product is governed by the limited warranty provided with that Connected Product (“Limited Warranty”). The software embedded in the Connected Product (and any updates thereto) and the App (and any updates thereto) are licensed and governed by the App-conditions of use (“Software Terms”). These Terms supplement the Software Terms, and in case of any conflict these Terms will prevail.
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.
(a) You may only create an Account and use the Services if you accept and comply with these Terms and applicable laws.
(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;
You may choose to deactivate or delete your Account through the Philips Connected Products Customer Care: www.support.philips.com
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) registered on your Account (whether owned by you or another person), and subject to the Terms.
You are responsible for your own compliance with these Terms and also for the compliance of all users of your Connected Product and users of your Account, whether or not authorized by you. You agree to make all other users of your Connected Product aware of these Terms and subject to these Terms.
If you sell or transfer your Connected Product, your right to use the Services with respect to that Connected Product automatically terminates. The new owner will have no right to use the Connected Product or Services under your Account and will need to register for a separate Account with Philips.
Philips may update or change software for seamless Services, and may do so remotely without notifying you. Updates or changes are subject to the Software Terms.
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.
Certain items of independent, third party code included in the Services are subject to open source licenses.
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.
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 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.
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.
Our goal is to provide you with a great service experience. HOWEVER DO KNOW THAT WE ARE ONLY ABLE TO PROVIDE YOU THE SERVICES "AS-IS" AND “AS AVAILABLE” AND THAT YOU CANNOT RELY ON THE TIMELINESS OR ANY OF THE RESULTS THAT YOU MAY OBTAIN FROM THE SERVICES. This is among others due to the fact that the availability of the Services is also dependent on external circumstances such as your computer, mobile device, home wiring, Wi-Fi network, your internet service provider and mobile device carrier upon which Philips has no influence. Therefore Philips cannot warrant in relation to the Services the: availability, uptime, accuracy of results, accuracy of data, storage of data, accessibility in all countries, reliability of any resulting notifications, any specific level of savings or other monetary benefit.
The air quality data measured by the Product and displayed through the Service is only intended to measure certain aspects of air quality in the immediate vicinity of the sensor measuring such air quality. Such data should not be relied upon for any purpose and should not be used to determine whether the air is safe to breath or whether any toxins are or are not present in the air.
As much faith as we have in our Service, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the Service would not work or any content may be lost, please accept our sincerest apologies. We certainly understand that it is unfortunate and inconvenient. Unfortunately, to the maximum extent permitted by applicable law, we cannot accept any liability for any damages incurred as a result of your use of the Services. To THE EXTENT PERMITTED BY LAW WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE FEES PAID IN CONNECTION WITH THE SERVICES.
These conditions of use shall be construed, interpreted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof.
