Terms of use for the Philips uGrow Smart Baby Monitor by Philips Avent

IMPORTANT -- READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THIS APPLICATION (the “APP”). THIS IS AN AGREEMENT BETWEEN YOU, THE END USER, AND PHILIPS CONSUMER LIFESTYLE, A DIVISION OF PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, (HAVING ITS ADDRESS AT 1600 SUMMER STREET, STAMFORD, CT 06905). (“PHILIPS”). THIS TERMS OF USE AND THE PHILIPS CONSUMER LIFESTYLE PRIVACY NOTICE SHALL BE THE SOLE GOVERNING DOCUMENTS FOR YOUR USE OF THE APP. BY ACCESSING, DOWNLOADING OR USING THIS APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS TERMS OF USE, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING THE APP.

Thank you for choosing the uGrow Smart Baby Monitor by Philips Avent (”Connected Product”)
 

Your Connected Product is capable of providing you with many services to help you manage and maintain your Connected Product.

The Connected Product shows video & audio on your own mobile device. When you use the Connected Product it provides you with live stream video & audio. The Connected Product also measures room temperature and humidity. Furthermore 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 (all together “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 and the App offered to you by Philips Consumer Lifestyle, a division of Philips Electronics North America Corporation ("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 f.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 Connected Products, the Services, or these Terms, please contact http://www.support.philips.com/support.

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 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 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.

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 Connected Product please reset the camera to disconnect all App accounts from the Connected 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 Connected Product:

You are responsible for your own compliance with these Terms and also for the compliance of all users of your Connected 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.
 

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

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 AGREE TO RELEASE LICENSOR FROM AND AGAINST ANY LOSSES OR LIABLITY IN CONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE APPLICATION FOR PURPOSES OF 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.
 

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 take appropriate commercially reasonable technical, physical and organizational measures to protect Personal Data from misuse or accidental, unlawful or unauthorized destruction, loss, alteration, disclosure, acquisition or access. 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 and note the date that any changes are made and/or when they become effective. Your inaction or continued use of the Services, 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 State of New York without regard to conflicts of law provisions thereof.
 

Sole point of contact: No third party (including Apple and Google) is responsible for the App nor its content. Therefore you should contact Philips via http://www.support.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 (what ever 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.