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Terms of service for Connected Air Purifier and Air Quality Monitor

Thank you for choosing a connected air purifier or air quality monitor, offered to you by Philips Domestic Appliances Nederland B.V. and its affiliates (“DA”, “We” or “Our”).

 

Your Connected Product is capable of providing you with many services to help you manage and maintain the product. When your Connected Product is connected to our network, it is capable of transmitting certain information, including activity and error codes, to us. We use 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 us 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 us (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 an ISP, carrier, etc.), whether contracted by you or us.

 

Customer Service: If you have any questions or concerns regarding the Connected Products, the Services, or these Terms, please contact our Customer Service as indicated on our website.

 

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.

Overview

 

Your purchase of any Connected Product is governed by the commercial warranty provided with that Connected Product. 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's conditions of use (“Software Terms”). These Terms supplement the Software Terms, and in case of any conflict, these Terms will prevail.

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, we may (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if we, in good faith, believe that you have used the Services in violation of these Terms. Upon termination, you are no longer authorized to use or access the Services.

 

We reserve the right, at any time, to modify, suspend, or discontinue the Services or any part thereof, with or without notice. You agree that we will not be liable to you or 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.

 

(b) You agree to: (a) accurately provide all contact and other information requested by us and notify us 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 our Customer Care.

Access and Use

 

We grant you the 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), registered on your Account (whether owned by you or another person) and subject to the Terms.

Compliance with Terms and Transfer or Sale of the Connected Product:

 

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.

Automatic Software Updates
 

We may update or change software for Services, and may do so remotely without notifying you. Updates or changes are subject to the Software Terms. 

 

We will provide the necessary updates for the period of time you may reasonably expect, and for at least two years after you purchased the Product. We may update Product Software and any Service and may do so remotely without notifying you. Where due to an action or inaction of you, updates are not installed within a reasonable time after they are made available, we shall not be liable for any impairment of the Services caused by this failure. Updates or changes are subject to these (or a newer version of the) Terms.

Certain Restrictions
 

You agree to (a) not use the Services in violation of any laws, regulations or court orders, or for any unlawful or abusive purpose; (b) use the Services only as intended by us; (c) not use the Services in any manner that could harm us, our service providers, or any other person; (d) not to republish, reproduce, distribute, display, post, or transmit any part of the Services.

Open Source
  

Certain pieces of independent, third party code included in the Services are subject to open source licenses.

Fees and Payable Upgrades
 

Access to the Services is offered to you free of charge. We may decide to offer additional Services (“Payable Upgrades”) for a fee. We 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), 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 are responsible for all fees charged by third parties, such as your internet service provider or mobile device carrier, which provide you with specific requirements that enable you to use the Services.

Ownership and Intellectual Property
 

DA is the owner of licensee of 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 our prior written consent, except to use the Services for their intended purposes. We retain all rights that are not otherwise expressly granted in these Terms.

 

If you submit a comment, suggestion, or any other material (“Feedback”) to us related to the Services (excluding any illegal content), you hereby assign all ownership in and to such Feedback to us, 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 you will grant us a license to use such Feedback without any restrictions to the extent the foregoing is deemed ineffective.

Warranty Disclaimers
 

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 other reasons, 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, internet service provider, and mobile device carrier, upon which we have no influence. Therefore, in relation to the Services, we cannot warrant 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 breathe or whether any toxins are or are not present in the air. 

Limitation of Liability
 

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 does 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.

Governing Law
 

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

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