Who can use this App:
You must be at least fourteen (14) years of age to use this Philips Sonicare app.
Account and (de)activation
In order to be able to use the App, you need to:
- create a MyPhilips account (insert link) for use of the App, and accept these terms and conditions for use of the App;
- acknowledge the MyPhilips account and the App as formal channel of Philips communication to you in relation to any changes in the App or these terms;
- download the App;
- activate the App by connecting the Sonicare Connected power toothbrush as indicated in the instruction for use.
You may only create an account and use the App if you accept and comply with these terms and applicable laws. Any use of the App by anyone under the age of 14 is strictly prohibited and is a violation of these terms.
You agree to: (a) accurately provide all contact and other information requested by Philips and notify Philips promptly 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 on MyPhilips website (insert link).
You have no ownership rights in the App software. Rather, you have a license to use this App in connection with the purpose as described above on an Apple or Android device owned or controlled by you. This license is non- transferable and is between you and Philips.
Philips owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed in 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. Philips retains all rights that are not otherwise expressly granted in these terms.
You agree not to publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the App or App software or any part thereof. You also agree not to reverse engineer, decompile, translate, adapt, or disassemble the App software, and you agree not to attempt to create the source code from the object code of the App software.
The App is offered to you free of charge.
Our goal is to provide you with a great App and a great App user experience. Do know that we are only able to provide you the App "as-is". Although we would love to, we unfortunately cannot warrant anything about the App or its content. This is among others due to the fact that the use of the App is also dependent on external circumstances such as your mobile device, 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 App 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 rewards or other benefit. IN ANY EVENT WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE PURCHASE PRICE FOR THE APP.
As much faith as we have in our App, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the App 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 App.
Suspension, Termination and Discontinuation
Philips reserves the right, at any time, to modify, suspend, or discontinue the App 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. However, if we modify, suspend or discontinue the Awards portion of the App, we will do so by formal communication. We may 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 App, after any such notice will tell us that you agree to these changes.
Third Parties and Third Party Fees
It is possible that when you use the App 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 (such as data usage fees) charged by third parties, such as your ISP or mobile device carrier.
These conditions of use shall be construed, interpreted and governed by the laws of the state of New York without regard to conflicts of law provisions thereof.
Sole Point of Contact
Apple and Google are not responsible for the App nor its content. Therefore you should contact Philips via 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 the mobile application store where you have purchased the App 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 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.