Terms of use for the Philips Jovia Health App 7th of August 2017 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”). When you download and use this App, you agree to these terms of use. What this App does for you This App enables you to keep track of your own lifestyle. The App enables the transmission of data from your connected Philips’ personal measurement devices (Philips’ health band, health watch, body analysis scale, blood pressure monitor (each a “Connected Device”) to us, which we will use to provide you with virtual motivational (tele-) coaching and with publicly available information for lifestyle improvement (jointly the “Services”). Philips may solely determine to restrict the access to or offering of (part of) the Services to certain countries. The data transmitted from your Philips connected device(s) allows you to monitor your own lifestyle and to set your personal goals for a more active and improved lifestyle. The App also provides other features that you can access, such as a diary to keep track of your food / calories intake, weight, blood pressure and sleep scores and supports you achieving your personal goal. If you do not wish to download and use this App, you will not be able to access all the features the Philips’ Connected 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.
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Precautions YOU UNDERSTAND AND AGREE THAT PHILIPS IS NOT A MEDICAL CARE PROVIDER, AND THAT THIS APP IS NOT INTENDED TO DIAGNOSE, EXAMINE , TREAT OR MANAGE MEDICAL CONDITIONS OF ANY KIND. THE APP IS AN INFORMATION TOOL ONLY AND NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT BY ANY HEALTHCARE PROVIDER. The extended functionality of the Philips’ connected device(s) offered through this App is not suitable for everyone. Pregnant women, children younger than 18, people who have type 1 diabetes, people suffering from sleep disorders, people who have been diagnosed with severe depression or having other contraindications as listed in the (safety) documentation of the Philips’ connected device(s) should not use this App. You are advised to always consult a physician for questions regarding your medical condition and engaging in physical activity, especially if you are taking medication specifically tailored to your current weight and you experience a significant weight loss as a result of achieving your personal goals.
Creating an account In order to be able to fully use the features of this App and your Connected Device(s) you need to create an account for the use of this App (“Account”) and by doing so you will explicitly accept these terms of use and agree that:
Your conduct You are responsible for compliance with these terms of use in relation to the use of the App, your Account, any Connected Device(s) and any other Services. In connection with your use of the App, you agree to
- 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.
License Philips grants you a non-transferable, non-exclusive right (without the right to sublicense) to install and use the App solely on designated handheld mobile device(s) (e.g., iPhone, or Android smartphone) for the sole purpose of supporting and extending the functionality of the Philips’ connected device(s). 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, patents, industrial design rights, database rights, trade secrets 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 (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 and use of Connected Device(s) The use of each of the Connected Device(s) is governed by their respective warranty and instructions for use as provided together with each such device. These terms of use to do not grant any further warranties, implicit, tacit, explicit or otherwise to you regarding any such Connected 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 remotely 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. User Content You may be able to create or upload content through the App (“User Content”), in which case you decide what will become publicly available. We want you and others to enjoy our services, so please don’t use our Services in a way that is commonly considered inappropriate (such as obscene, violating laws and regulations, offensive, discriminatory or infringing someone else’s rights). User Content is not provided by Philips, and we do not endorse opinions, recommendations, or advice expressed therein. When you share your content, we intend to use it for our own purposes as well, including for commercial purposes. If this is not what you would like, it is best to be cautious about what you share.
Third party services 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 for which Philips is not and cannot be held responsible in any manner. 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. Third party websites and Apps The App may provide links or references to websites and Apps operated by third parties. Philips does not monitor such websites and is not responsible for the content, functionality, or practices of such websites. If you access these third party websites (through this App), you do so at your own risk. We advise you to read the terms of use and privacy policies on those third party websites. You agree that Philips has no liability for any damage or loss of any type that is a result of your use of a third party website. Suspension, Termination and Discontinuation These terms of use will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with these terms of use. At any time, Philips may (a) suspend or terminate your rights to access or use the Services (including the App), or (b) terminate the terms of use with respect to you if Philips in good faith believes that you have used the Services in violation of these terms of use. Upon termination you are no longer authorized to use or access the Services (including the App). 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. 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.
Open Source Software
Privacy Philips values and respects your privacy. Personal data collected through the App will be used in accordance with the Privacy Notice. Please read the Privacy Notice. Jailbroken/Rooted Devices Philips advises against jail-breaking or rooting your mobile device. A jail broken or rooted device means one that is modified outside the mobile device or operating system vendor supported or warranted configurations. Such devices have been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval. This may affect the performance of the App, weaken the security of your device and expose you to additional risks. 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 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 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 SHALL INDEMNIFY PHILIPS AND ITS AFFILIATED COMPANIES FULLY AND HOLD PHILIPS AND ITS AFFILIATED COMPANIES HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE APP FOR PURPOSES OF MEDICAL DIAGNOSIS OR TREATMENT. YOU AGREE TO ENGAGE ON A VOLUNTARY BASIS AND AT YOUR OWN RISK IN ANY EVENTS AND ACTIVITIES YOU HAVE LEARNED ABOUT THROUGH THE APP. Formal Communication From time to time, we may update these terms of use. If we do, we will do this by Formal Communication. If we make a major change in the important points of these terms of use (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 of use, temporarily post a prominent notice on the registration/login page, or temporarily add the word "Updated" to the title of these terms of use and/or any hypertext links pointing to these terms of use. 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. These terms of use shall be construed, interpreted and governed by the laws of the country of your residence without regard to conflict of law provisions thereof. The parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms of use.
Liability
Jurisdiction
Legal effect & Severability These terms of use are a binding legal agreement, and by using (any of) the Services, you agree to be bound by these terms of use. The use of any of the Services, though not the Connected Devices as stated above, is governed by these terms of use. 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. US 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 the mobile application store where you have purchased the App the right (who will be deemed to have accepted that right) to enforce this representation and warranty against you as a third party beneficiary. You agree that you will not directly or indirectly, export or re-export the Services (including the App) 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. No third party is responsible for the App or its content. Therefore you should contact Philips via www.philips.com/healthprograms for any questions, support, product claims and third party intellectual property claims related to this App, these terms of use. In relation to a Connected Device you should contact the respective Philips Customer Service desk as indicated in the terms applicable to the respective Connected Device. Enjoy this App!
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