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Philips Sonicare Connected App – Terms of Use

Thank you for your interest in Philips Sonicare! This Philips Sonicare mobile application (“App”) is offered to you by Philips Electronics North America Corp. ("Philips").

 

We welcome you to use this App as your companion on your journey to better oral health. There are just a few rules and restrictions we ask you to keep in mind.

What this App does for you when connected with certain Philips Sonicare power toothbrush models:

 

  1. This App communicates with certain Philips Sonicare power toothbrush models (including Philips Sonicare Flexcare Platinum Connected) via a wireless connection and provides you with real time feedback on your brushing and coaching tips to help improve your oral care routine.  The Sonicare power toothbrush models that are capable of connecting with this App will have “connected” in the model name or otherwise will indicate that they are “connected.”

  2. The Sonicare Connected power toothbrush has Smart Sensors to track your brushing.

  3. These smart sensors include:
    - a location sensor which shows you where you are brushing too much or too little for better coverage;
    - a scrubbing sensor which guides you to reduce scrubbing for optimized brushing technique;
    - a pressure sensor which tracks brushing pressure and alerts you when and where too much pressure is applied to protect gums; and
    - a SmartTimer ensures you are brushing for the dental professional recommended time in each segment of your mouth.

  4. The App synchronizes data from smart sensors with your personalized 3D mouthmap. The App has the following features:
    - TouchUp gives you a customized program based on your brushing session data to immediately address missed spots and get a more complete clean;
    - Brush Head Replacement Monitor tracks your brush head effectiveness based on your brushing time and pressure and alerts you when to replace so you get the best results;
    - Goal Setting allows you to set brushing and flossing goals and provides points when you achieve these goals;
    - Progress section displays your brushing data over time and how you are performing against your goal activities;
    - Focus Areas enables you to highlight trouble spots on your personalized mouthmap within the Sonicare app, reminding you to give them the extra care they need each time you brush
    - My Appointment enables you to set up and keep track of your dental visits
    - My Progress reports enables you to share your oral health activity data with others such as your Dental Professional or family
    - Shop for Products provides access to a selection of Philips Oral Healthcare products for your convenience

  5. The App also allows you to communicate with Philips for matters related to your Sonicare Connected power toothbrush.

What this App does for you when connected with the Philips Sonicare Breath Analyzer:

 

  1. This App communicates with the Philips Sonicare Breath Analyzer via a wireless connection and provides you with real time breath quality results, feedback on your breath, and coaching to help improve your breath quality and oral care routine.

  2. The Philips Sonicare Breath Analyzer is a portable breath quality analysis device designed to measure bacteria by-products in the mouth (which are responsible for bad breath).  A built-in sensor analyzes a sample of air from the user’s mouth in30 seconds, and syncs with this App via Bluetooth® to provide feedback.

  3. The App has the following features:
    - Display real time breath quality results
    - Provides actionable feedback for immediate improvement
    - Tracks breath quality patterns and oral care activities over time
    - Provides personalized coaching and educational tips to improve your breath score, oral care habits, and overall oral health
    - My Appointment enables you to share your oral health activity data with others such as your Dental Professional or family
    - Shop for Products provides access to a selection of Philips Oral Healthcare products for your convenience

  4. The App also allows you to communicate with Philips for matters related to your Sonicare Breath Analyzer.

We encourage you to read on; by using the App, you accept the terms as mentioned below.

 

IF YOU ACQUIRED YOUR SONICARE CONNECTED POWER TOOTHBRUSH OR YOUR PHILIPS SONICARE BREATH ANALYZER WITHOUT THE OPPORTUNITY TO REVIEW THESE TERMS OF USE AND YOU DO NOT ACCEPT THESE TERMS, YOU MAY RECEIVE A FULL REFUND OF THE AMOUNT THAT YOU PAID FOR THE PRODUCT IF YOU RETURN THE PRODUCT UNUSED WITH PROOF OF PAYMENT WITHIN 30 DAYS FROM THE DATE OF PURCHASE.

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:

a. Download the App;

b. create a MyPhilips account (insert link) for use of the App, and accept these terms and conditions for use of the App;

c. 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;

d. activate the App by connecting the Sonicare Connected power toothbrush or the Sonicare Breath Analyzer 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).

 

License

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.

 

Fee

The App is offered to you free of charge.

 

Warranties

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.

 

Your purchase of the Sonicare Connected power toothbrush product and/or the Sonicare Breath Analyzer is governed by the warranty provided with that product.  These terms of use will not impair any warranty rights you have as a consumer in your country of residence.

 

Liability

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

These terms of use will remain in full force and effect so long as you continue to access or use the App, or until terminated in accordance with the provisions of these terms. At any time, Philips may (a) suspend or terminate your rights to use the App, or (b) terminate these terms of use with respect to you if Philips in good faith believes that you have used the App in violation of these terms. Upon termination you are no longer authorized to use or access the App.

 

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.  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.

 

Updated Terms of Use

From time to time, we may update these terms of use. If we do, we will do this 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 or we may temporarily highlight the new or revised sections in these terms or temporarily post a prominent notice on the My Philips website. 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.

 

Jurisdiction

These conditions of use shall be construed, interpreted and governed by the laws of 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.

 

Have fun!!