This Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and Lifeline Systems Company, d/b/a Philips Lifeline ("Philips"). This Agreement governs your use of the Philips Cares application on an iOS enabled mobile device, on an Android mobile device that you own or control or access via a web browser at cares.philips.com/foryou, (including all related documentation, the "App"). The App is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP AND DELETE IT FROM YOUR DEVICE.
Subject to your compliance with these terms, including without limitation, payment of all applicable fees, Philips grants you, during the term of this Agreement, a personal, limited, non-exclusive, non-transferable license to use the App on an iOS enabled mobile device that you own or control, on an Android mobile device that you own or control, or access via a web browser, (the “License”). The App may be used only by you, and only for your own personal, noncommercial use. You may not sublicense the App.
This Agreement is effective until terminated. You may terminate this Agreement at any time by deleting the App from your device. Your License will terminate automatically without notice from Philips if you fail to comply with any of the provisions of the Agreement. In the event of such automatic termination, all other provisions of this Agreement will survive, without prejudice to any rights or remedies Philips may have at law or in equity. Upon termination, you agree to destroy all copies of the App in your possession or under your control.
Use by you
This App helps users or their Account Administrator (a person authorized by the Care Recipient to act on their behalf to 1) receive and change Care Recipient personal information, including health information, 2) receive and manage caregiver information and their roles in the Services, including Account Administrator rights for other users, and to 3) manage Philips Lifeline service(s) account information), to create and collaborate in a care circle of family, friends or other caregivers to enable the care of aging parents, friends or loved ones.
A care circle may be associated with you or it may associate with your aging parent, or other person you are caring for (care recipient). When you create a care circle it is your responsibility to invite people you trust and with whom you want to share information. Because of the sensitive and private nature of your information and the information of those on whose behalf you may be creating a care circle, we recommend that you protect the private and sensitive information contained within your care circle(s). To support you in this, the App allows for two levels of access and permissions in a care circle: a) basic access allows a user to view all information and edit only own information and b) administrator access allows a user to view and edit all information, grant administrator permissions and manage the care circle. You are responsible for the accuracy of the information that you share using the App, not Philips.
If you are creating or accessing a care circle on behalf of another person, by accepting these terms, you attest that you are authorized by that person to create and manage a care circle and a care recipient profile on their behalf. To the extent you take action on behalf of the person you are caring for, you also attest that you have valid legal authority to take that action on their behalf.
When you are a caregiver, the App helps you make notes and keep track of your aging loved one so that you can better understand how they are doing. This App enables you to keep manual track of: mobility, mood, comfort, memory, nutrition, social interaction and general well-being. The notes feature is not visible or accessible by a care recipient user.
This App also provides other features that allow you to manage your Philips Lifeline service(s). To protect sensitive financial information, this information is accessible only by users who pay for the same Philips Lifeline service(s).
You represent and warrant that you have the lawful right to use any information you post using the App, and the posting of your information using the App does not violate the privacy, publicity, or intellectual property rights, of any person.
This App may show information about other products and services from Philips Lifeline, and may show advertisements about products and services from third parties. We will never provide these third parties access to any of tasks or other information you have posted in your care circle(s).
If you do not wish to download and use this App, you will not be able to access all the features the Philips Lifeline service can provide you with.
Use of data
You agree that Philips may collect and use technical data and related information, including but not limited to technical information about your device, system, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, support and other services to you (if any) related to the App. Philips may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
The App enables the transmission of data from all your notes, your profile and your Care Recipient’s profile, which we will use to provide you with insights, personalized messages, tips and content unique to your care situation.
Creating an account
In order to be able to fully use the features of this App you need to create an account for the use of this App. You agree to provide and maintain accurate, current, and complete information when you create an account. Philips reserves the right to suspend or terminate your account if information provided during the creation of an account or thereafter proves to be inaccurate, not current, or incomplete.
When you create an account, you create a password. Philips does not have access to your passwords and if you forget your password, you will be asked to create a new one. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You must immediately notify Philips if you become aware of any unauthorized use of your Account.
Philips may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Philips has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when your device is connected to the internet either:
(a) the App will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You acknowledge that failing to promptly download and install all Updates may result in failure of the App to properly operate. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of this Agreement.
You have no ownership rights in the App. Philips retains all right, title, and interest in and to the App and all intellectual property rights therein, and ownership remains at all times with Philips. Any access or use of the Software Application by any other person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement. The App may not be transferred to anyone without the prior written consent of Philips.
INTELLECTUAL PROPERTY The App contains material that is protected by intellectual property laws, including without limitation copyright law. 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.
Third party services
Third party websites and apps
Open source software
The App 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. This License Agreement does not apply to any software components that are subject to Open Source License Terms.
Special terms for certain features of the app
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.
You agree, in using the App, not to: (a) attempt to gain unauthorized access to the service this App provides, (b) abuse or burden Philips’ systems, (c) take other steps which could limit the availability of the App to others, (d) use the App in an unlawful way or in a manner which infringes the rights or intellectual property of others, (e) misrepresent your identity, (f) attempt to harvest or otherwise collect information about other users, (g) harass or threaten other users, (h) sell or promote other products or services, (i) transmit any unsolicited advertising, junk mail, spam or other form of solicitation, (k) transmit, distribute or upload any programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or (l) copy, distribute, modify, adapt, translate, reverse engineer, or create derivative works based on any part of the App.
You acknowledge that Philips can change, suspend or discontinue any aspect of the App at any time without notice or end your access to the App at any time for whatever reasons we deem appropriate. You acknowledge that you understand that from time to time the service may be unavailable due to maintenance or other reasons.
THE APP IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PHILIPS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PHILIPS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT PHILIPS IS NOT A MEDICAL CARE PROVIDER AND THE APP IS AN INFORMATION TOOL ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU SHALL INDEMNIFY PHILIPS AND ITS AFFILIATES FULLY AND HOLD PHILIPS AND ITS AFFILIATES HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE SOFTWARE APPLICATION FOR PURPOSES OF DIAGNOSIS OR TREATMENT. THE SOFTWARE APPLICATION IS NOT INTENDED FOR USE IN A MEDICAL EMERGENCY.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHILIPS OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP FOR:
(A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
(B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR PHILIPS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
These Terms are expressly made subject to any laws, regulations, orders, or other restrictions on the export from the United States of America of the App or information about such App which may be imposed from time to time by the government of the United States of America. You shall not export the App or information about the App without the prior written consent of Philips, and you shall be solely responsible and liable for compliance with any such laws, regulations, orders, or other restrictions. You further represent and warrant that you are: (i) 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.
You may have obtained a copy of the App from the Apple App Store, in which case you may have already agreed to the terms of another end-user license agreement in connection with the App (hereinafter the "Other EULA"). These Terms supersede and terminate any such Other EULA. These Terms shall constitute the entire agreement between you and Philips with respect to the App.
Some mobile phone operators may charge fees related to e-mail messages and incoming or outgoing SMS (or text) messages, or for streaming videos such as those provided on YouTube, that result from your use of the App. These fees are unrelated to your Agreement with Philips, and payment of such fees is your sole responsibility.
You acknowledge and agree that Apple, Inc., and its subsidiaries (“Apple”) are third party beneficiaries of this Agreement, and may be entitled to enforce the terms of this Agreement directly against You. Apple is not responsible for any warranty, support or other claim you make related to your use or inability to use the App.
These Terms are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and you agree to submit to the exclusive jurisdiction of the courts thereof.
Any waiver of these terms will only be effective if it is in writing and signed by you and Philips. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.
If you have any questions, complaints, or claims with respect to the App, they should be directed according to the contact information set forth below.
111 Lawrence Street
Framingham, MA 01702