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”).
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 and ear thermometer) to us, which we will use to provide you with virtual motivational coaching and with publicly available information for lifestyle improvement.
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 subjective mood 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(s) 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.
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 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.
Creating an account
In connection with your use of the App, you agree not to
- reproduce, duplicate or copy the App, or any part, for commercial or unlawful purposes;
- access without authority, interfere with, damage or disrupt:
- 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.
- use or copy any material from the App, including, but not limited to, onto other websites or in other mobile applications; or
- frame any of the App onto your own or another person’s website or mobile application.
- disclose to any third party a user identification code, password or any other piece of information provided to you as part of Philips’ security procedures. If you fail to comply, Philips has the right to disable any user identification code or password at any time.
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, 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 at 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 Philips connected devices
The use of the Philips’ connected device(s) is governed by the warranty and instructions for use as provided together with such device.
Warranty in general
Automatic software updates
Third party services
Third party websites and Apps
Open Source Software
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.
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.
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.
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.
These terms and conditions shall be construed, interpreted and governed by the laws of the country of your residence without regard to conflict of law provisions thereof.
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 the right (who will be deemed to have accepted that right) to enforce this representation and warranty against you as a third party beneficiary.
Sole point of contact
Enjoy this App!