Hue Sync TV App Terms

1. What this document covers and our relationship.

a. We know it is tempting to not look at these Philips Hue Sync TV App Terms (“Terms”), but understanding these Terms is important so that you know what you can expect from us and also know what we require from you.

b. Contract between us: When you place an order and make payment for the Philips Hue Sync TV App (“App”) via Samsung Apps and upon acceptance of these Terms, a valid, binding and enforceable contract governed by these Terms is created between you and us ("Agreement"). When we refer to “we”, “us”, “our” or “Signify”, we mean Signify Netherlands B.V. with Netherlands Chamber of Commerce registration number 17061150, VAT number NL009076992B01 and business location at High Tech Campus 48, 5656 AE Eindhoven, The Netherlands.

c. Age requirements: You affirm that you are of the legal contracting age or older to enter into the Agreement.

d. What is regulated herein: Your access and use of the App is regulated by the Agreement.

e. What is not regulated herein: Your purchase of Philips Hue lighting products (“Philips Hue Products”), access and use of the software embedded in your Philips Hue Products and/or your access and use of our Philips Hue app to control your Philips Hue Products are covered by separate agreements (including applicable sale terms when you bought your Philips Hue Products and the Philips Hue Terms of Use) and are not amended or modified herein.

f. Right to withdraw: You have the right to withdraw from the Agreement within fourteen (14) days without giving any reason. The withdrawal period will expire after fourteen (14) days from the day of conclusion of the Agreement. To exercise the right of withdrawal, go to “About this app” in the settings menu of the App and press “Request refund” and your request will be processed without delay. If you’re a European Economic Area (EEA)-based consumer, you may also inform us of your decision to withdraw from this Agreement by an unequivocal statement sent to us by post (Signify Netherlands B.V., High Tech Campus 48, 5656 AE Eindhoven, The Netherlands, FAO: Legal Department); or by email (support.hue.syncapp@signify.com); or via our online contact form (visit this link: https://www.philips-hue.com/support#contact). You may use the model withdrawal form as set out in Annex I to these Terms, but it is not obligatory. To meet the deadline, you need to send the withdrawal before the expiration of the above 14-day period. If you withdraw from the Agreement, we shall reimburse to you all payments received from you for the App, without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from the Agreement. We will carry out such reimbursement using the same means of payment as you used, unless you have expressly agreed with us otherwise; in any event, you will not incur any fees as a result of such reimbursement.

2. Functionality and Conditions of Use.

a. Functionality of the App: The functionality and specific requirements essential for the use of the App are described in the Samsung Apps (see “More info” section) (“App Description”).

b. Specific Samsung Device:

  • The App requires a compatible Samsung device (“Samsung Device”), which must be separately purchased and operated by you. The App is only downloadable once on a single compatible Samsung Device and it is not possible to transfer the App once downloaded to any other Samsung Device. You understand and agree that the App will only work with the Samsung Device initially downloaded on. One subscription to the App entitles use on one Samsung Device only.
  • If you are no longer entitled to use such Samsung Device (e.g. due to sale of the Samsung Device), you are obliged to unpair the App immediately and you can no longer use the App.
  • Signify is not responsible for the Samsung Device and/or any action (or omission) by Samsung, its service providers or any other third party via the Samsung Device (including any future Samsung Device updates) causing the App not to function in accordance with the App Description.
  • We are not responsible for providing you with a Samsung user account.
  • We are not responsible for deployment of the App to your Samsung Device and/or Samsung’s refusal to deploy the App to your Samsung Device.

c. Delivery: Once you have purchased the App from the Samsung Apps, the App is (automatically) downloaded to your Samsung Device.

d. Syncing and Operating:

  • It is your responsibility to (i) sync the App in accordance with the guidance made available by us to you; (ii) obtain everything required as indicated by us in the App Description; (iii) test the App once installed; and (iv) maintain the requirements as described in the App Description.
  • We hereby expressly disclaim any and all liability for your obligations related to the syncing of the App and your responsibility to obtain and maintain the requirements as described in the App Description.

e. Grant to Use the App: Subject to your compliance with the Agreement, we grant to you a limited, non-exclusive, revocable right to use the App solely on the Samsung Device in accordance with its intended use (“Right of Use”). This Right of Use shall remain in effect for a period of five (5) years (“Right to Use Period”), unless:

  • terminated by you or us in accordance with these Terms; or
  • Signify (at its discretion) continues to support the App thereafter with security, quality and interoperability updates in accordance with and for such specific additional period as stipulated in our End of Support policy as referred to below in section 2.g.

You agree that you will not redistribute or transfer the App or your Right of Use to another Samsung Device. The App and its content are licensed, not sold or transferred to you, and we and our licensors retain ownership of all copies of the App and its content even after installation on your Samsung Device. Your permitted uses do not include the right to directly or indirectly transmit, broadcast, redistribute, forward or deliver the App or any part of the data, information or images which constitute the App to any other person or entity, in any format (including, but not limited to framing, deep linking or embedding) by any means.

f. Register User Accounts:

  • It is required that you have a Samsung user account and a Philips Hue user account in order to use the App.
  • Ordering, billing and payment of the App are done via Samsung Checkout.

g. Updates to the App:

  • We may update the App by providing (i) security and compatibility updates, including to keep the App working with firmware updates of the Samsung Device; (ii) App design and user experience changes, including to improve better navigation and branding guidelines changes; (iii) bug and crash fixes and/ or (iv) additional functionality. All of these updates we refer to as “Updates”. We provide and require implementation of the Updates to ensure all users of the App are on the latest App version to limit system vulnerability, continued compatibility with TV firmware updates and have the most up to date user experience.
  • If an Update negatively impacts your use of or access to the App in more than only a minor manner, you shall be entitled to terminate the Agreement, and we shall refund you a pro-rata amount already paid (calculated for the remainder of the Right to Use Period).
  • Our End of Support policy (as provided separately to you on our website at www.philips-hue.com/endofsupportpolicy) is applicable to the App.
  • Updates may occur automatically without additional notice or receiving any additional consent from you, including Updates that address significant security risks. You consent to these automatic Updates, provided that if you do not want such Updates to be automatically installed, you can indicate that in the settings of the Samsung Apps (via TV Home Screen menu). We may also ask you to install Updates yourself, and you are responsible for this to ensure an up-to-date App.
  • If you do not install any Updates (within a reasonable time after asking you to install an Update), it may expose you to risks (like security risks) and/or affect the functionality of the App and we might not be able to provide the functionality of the App to you. We shall not be liable for any cost, damages, (security or otherwise) risks, lack of functionality or performance resulting from your failure to install the relevant Update.

h. Your conduct: The App may be used for lawful purposes only and may not be used in a manner which violates or infringes our expressly reserved rights, the rights of our suppliers and licensors, and the rights of third parties. You agree to use the App in accordance with the Agreement. You shall follow applicable laws and regulations, including export control and sanctions, privacy and intellectual property rights.

i. Use with video and/or audio content: Please be aware that use of the App in combination with certain specific video and/or audio content may generate certain light combinations which may cause discomfort or trigger epileptic seizures. In such a case, please discontinue synchronising the App with such content.

j. If things go wrong:

  • We shall endeavour to ensure that the use of the App is as uninterrupted as possible within the scope of its technical and operational abilities, but we cannot promise uninterrupted use. Except to the extent required by applicable law, the App is provided “AS IS” and on an “AS AVAILABLE” basis and to the maximum extent permitted by applicable law, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the App will meet your requirements or will be available on an uninterrupted, secure or error-free basis. We make no warranty regarding the quality of any information or content provided through the App. We do not warrant and hereby disclaim any implied warranty that the operation of the App will be error-free or uninterrupted. The App may experience temporary interruptions due to technical difficulties, maintenance or testing, or Updates.
  • If you’re a European Economic Area (EEA)-based consumer, then EEA consumer laws provide you with a legal guarantee covering the conformity requirements of the App. Under this guarantee, we will attend to remedy any lack of conformity that you discover during the Right to Use Period.
  • If you experience any issues with the functionality of the App, please contact us through our consumer care channels (visit this link to view our contact information for your location: https://www.philips-hue.com/support#contact). We will use all reasonable efforts to cure the defect as notified by you in accordance with our standard process that entails (i) collection of the incident reported from different sources; (ii) performing an impact assessment using assessment tools to prioritise the incident; and (iii) defining and implementing a solution appropriate for the specific prioritisation allocated, that can be an intermediate solution (e.g. hotfix or work around) or a future (short or long term) Update (“Support Process”).
  • If, during the Right to Use Period, we are unable to cure the defect in accordance with our Support Process and such defect is directly and solely attributable to the App, you shall be entitled to terminate the Agreement and we shall refund you a pro-rata amount already paid for the period in which you experience a lack of functionality (compared to the Right to Use Period).

k. Services-related communications: We sometimes send you announcements and other information through our website or the App. If you have any questions regarding the App or these Terms, please contact us through our consumer care channels.

l. Feedback: We welcome feedback on the App. If you choose to give us feedback, we shall be free to use such feedback without obligation to you.

m. Prices and Billing:

  • All prices, discounts and promotions posted by us are subject to change without notice. Prices are in local currency. The price charged for the App will be the price in effect at the time the order is placed and will be set out in your invoice. Price increases will only apply to orders placed after such price changes.
  • For residents of the European Union, value added tax is included in the listed App price. However, prices may not include other applicable local taxes or duties such as applicable state sales tax for residents of the United States. All such taxes and charges will be added to the total payable amount prior to purchase and in your order confirmation email. If paying by credit card, the total amount for your entire order will be reflected on your statement in your local currency.
  • Your purchase is directly from Samsung Apps by payment giving you the Right of Use for the App in accordance with the Agreement. Please contact us via our consumer care channels (visit this link to view our contact information for your location: https://www.philips-hue.com/support#contact) regarding any payments.

Payment processing (including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance) is performed via the Samsung Apps TV Seller Office. We obtain from Samsung and process the following data in accordance with our Privacy Notice: invoice ID, App ID, App name, product ID, product name, email address (Samsung account ID), buyer UID, order custom ID, zip code, currency, amount, payment method, transaction type, product status, transaction status, order date, refund date, gift card amount and coupon amount.

3. Your information and security measures.

a. User Submissions and App Data: The App allows you to store or otherwise provide information to or through the App in various ways – we refer to this information as “User Submissions”. If you choose to provide User Submissions, please make sure you have the necessary rights to make such User Submissions, including the rights below, and that it is lawful. Additionally, the App will provide us with information about your use of the App and various devices, third party services or other applications you connect with the App, often in an automated fashion – we refer to this information as the “App Data”. Your User Submissions and App Data remain yours, which means that you retain any rights that you have in your User Submissions and App Data.

b. Permission to use your User Submissions and App Data: Subject to your privacy rights as set forth in section 5 below, by using the App, you give us (and as required by us, Samsung, our licensees, service providers and contractors) a license throughout the world and without paying a fee to:

  • host, reproduce, distribute, modify, communicate and use your User Submissions and App Data - e.g. allowing us, Samsung and our respective licensees, service providers and contractors to save it on our respective systems and make it accessible; and
  • grant access of your User Submissions and App Data to us and as required by us, Samsung and our respective licensees, service providers and contractors for your Samsung Device (as referred to below in section 4 below),

for the purpose of:

  • operating and improving the App (including creating Updates);
  • developing new technologies and services for us; and
  • other purposes as described in our applicable Privacy Notice which are available on https://www.philips-hue.com/privacy (“Privacy Notice”).

c. Security measures: We endeavour to implement appropriate security measures. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures. For more information on Signify responsible disclosure, visit our coordinated vulnerability disclosure page at https://www.signify.com/global/vulnerability-disclosure.

4. Accessing your Samsung Device.

The App allows Philips Hue Products to interact with the App and the Samsung Device on which the App is installed. In order to enable this interaction, we and/or our service providers may need to exchange your User Submissions and App Data with Samsung and/or their service providers. You are responsible for your interaction with and use of the Samsung Device and we do not take responsibility for the Samsung Device. Other than as provided in the End of Support policy, we do not guarantee that the Samsung Device will be compatible with the App. You grant us and our service providers the right to allow the App to use the processor, bandwidth and storage hardware on your Samsung Device in order to facilitate the operation of the App. In order to enable the light sync, the App accesses data related to colour points on the screen to provide a meaningful lighting experience. For reasons of compatibility, the App accesses the firmware version of your Samsung Device to ensure you have a compatible TV model and firmware version to support the App.

5. Your privacy.

a. Personal Data: Your privacy is important to us. Our Privacy Notice which is available on https://www.philips-hue.com/privacy applies to the use of the App. Please read these documents as they describe, amongst others, the types of personal data we collect from you, how we might use your personal data, the legal bases we have to process your personal data as well as your privacy rights.

b. Cookies: On some occasions, cookies and other tracking technologies might be used by us. Please read our Cookie Notice which is available on https://www.philips-hue.com/cookie-notice or more information on this technology and for which purposes we might utilise it.

6. Duration, Suspension and Terminating your Right of Use.

a. Duration: The Agreement shall endure for your Right to Use Period unless your Right of Use is terminated earlier or extended in accordance with these Terms.

b. Temporary suspension: We may suspend your Right of Use temporarily, without giving you notice, for security reasons, systems failure, maintenance and repair or other circumstances.

c. Terminating or suspending your Right of Use: You are always free to stop using the App at any time. We reserve the right to terminate your Right of Use and the Agreement if any of these things happen:

  • you have used the App in violation of the Agreement;
  • we are required to do so to comply with a legal requirement or a court order; or
  • if your conduct causes harm or liability to a user, third party or us.

d. Consequences of Termination: Upon termination of the Agreement, your Right of Use shall terminate. Provisions of the Agreement that by their nature would continue beyond the expiration or termination of the Agreement will survive.

7. Our content and software.

a. Intellectual Property Rights: Although we give you permission to use the App, we (and our suppliers and licensors) retain any intellectual property rights that we (and our suppliers and licensors) have in the App. All Philips Hue trademarks, service marks, trade names, logos, domain names, and any other features of the Philips Hue brand ("Brand Features") are the sole property of us or our licensors. These Terms do not grant you any rights to use any Brand Features whether for commercial or non-commercial use.

b. Our content: The App includes content that belongs to us. You may use our content as allowed by these Terms, but we retain any intellectual property rights that we have in our content. Do not remove, obscure or alter any of our branding, logos or legal notices.

c. Not allowed to do: You may not copy, modify, distribute, sell or lease any part of the App, and not reverse engineer or attempt to extract any of our source code unless so permitted by applicable law.

8. Indemnification.

THE AGREEMENT IS INTENDED ONLY FOR YOUR BENEFIT. THEREFORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD US HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST US ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THE APP IN VIOLATION OF THE RIGHT OF USE OR THIS AGREEMENT (A “THIRD PARTY ACTION”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF ATTORNEYS’ FEES AND COSTS INCURRED BY, ASSESSED OR FOUND AGAINST, OR MADE BY US, SAMSUNG AND/OR OUR SERVICE PROVIDERS RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”), EVEN IF SUCH THIRD PARTY ACTION AND THIRD PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE OF US, BREACH OF CONTRACT OR WARRANTY OR CONDITION, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW OR OTHER FAULT. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS SECTION, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. THIS INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF OURS, OR GROSS NEGLIGENCE OF US IN THOSE STATES/PROVINCES/COUNTRIES THAT DO NOT PERMIT LIMITATION OF LIABILITY FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE ANY PERSON OR ENTITY NOT A PARTY TO THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, A SPOUSE, FAMILY MEMBER, GUEST, TENANT, EMPLOYEE OR INSURANCE COMPANY.

9. Liability.

a. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE APP EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE APP. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WE DISCLAIM ALL LIABILITY OF ANY KIND OF OUR LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY USER SUBMISSIONS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY USER SUBMISSIONS TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APP. YOU USE THE APP AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE APP, AND YOU AGREE TO HOLD US HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE APP.

b. These Terms only limit our responsibilities as allowed by applicable law. Other than the liabilities described above, we are liable only for our breaches of these Terms, subject to applicable law.

c. We have no liability to you, in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our reasonable control.

10. Settling disputes, governing law and courts.

a. In case you have a complaint, please contact us via our consumer care channels (visit this link to view our contact information for your location: https://www.philips-hue.com/support#contact).

b. Your relationship with us, and your use of the App and any and all claims arising out of or related to this Agreement are governed by the laws of the jurisdiction where you reside, notwithstanding your jurisdiction’s choice-of-law or conflict-of-laws principles. The applicability of the United Nations Convention on Contracts for the International Sale of Goods, and any other laws that direct the application of the laws of any other jurisdiction, are expressly disclaimed and excluded.

c. If you’re a European Economic Area (EEA)-based consumer and you feel your complaint is not adequately addressed, you can—but are not obligated to—use the European Online Dispute Resolution (ODR) platform.

11. Regarding these Terms.

a. By law, you might have certain rights that can’t be limited by a contract like the Agreement. These Terms are in no way intended to restrict those rights.

b. If it turns out that a particular provision is not valid or enforceable, this will not affect any other provisions of the Agreement.

c. If we don’t take any action immediately after you did not follow the Agreement, it does not mean that we would not have the right to take action in the future.

d. We may update these Terms (and the Agreement) to reflect changes in the App, our operations and for Updates or for legal, regulatory or security reasons. If we make material changes that we believe may impact you significantly, we will make reasonable efforts to notify you by placing a notice on our website, notifying you through the App, by sending you an email or by some other means.

e. For information about how to contact us, please visit our website at https://www.philips-hue.com/support#contact.

f. The Agreement is not intended to grant rights to anyone except you, and in no event shall the Agreement create any third-party beneficiary rights.

g. Other than as stated in this section 11 or as explicitly agreed upon in writing between you and us, the Agreement constitutes all the terms and conditions agreed upon between you and us and supersedes any prior agreements in relation to the subject matter of the Agreement, whether written or oral.

h. We may assign or delegate (in whole or in part) any of our rights or obligations under the Agreement. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.

12. Terms applicable for certain countries. This section 12 sets out terms applicable to residents of certain countries. If there are any differences between this section 12 and any provision(s) in these Terms other than this section 12, then this section 12 shall prevail.

a. If you have your residence in Austria:

  • section 1.f following sentence is added: To exercise the right of withdrawal, you may also contact us by telephone (00800 744 547 75).
  • section 2.j first and last bullet points are entirely replaced by: Within the 2-year warranty period, we are obligated to remedy the defect within a reasonable period (“Nacherfüllung”) in accordance with the statutory provisions. If the removal of the defect is impossible, associated with disproportionate costs, is not fulfilled, the attempt to remove the defect fails, the defect is so serious that the immediate termination of the Agreement is justified, we refuse the supplementary performance (“Nacherfüllung”) or it is obvious that we cannot remedy the defect, you have the right to terminate the Agreement or reduce the price according to the statutory provisions. Upon termination of the Agreement, we will reimburse you pro rata for the price paid over the provision period during which the App was defective.
  • section 8 is entirely replaced by: If you culpably violate these Terms and we are held liable by a third party as a result, you are obligated to indemnify us against this claim and the costs associated with it.
  • section 9 is entirely replaced by: Any claims for damages are excluded. This exclusion of liability shall not apply insofar as we are subject to mandatory liability, e.g. under the Product Liability Act (“Produkthaftungsgesetz”), in cases of intent, gross negligence, injury to life, limb or health, or breach of essential contractual obligations (“wesentliche Vertragsverletzungen”). However, except in cases of the Product Liability Act, gross negligence, intent or injury to life, body or health, liability for breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contractual relationship.

b. If you have your residence in Australia:

  • section 2.j following paragraph is added: Our standard service warranty is in addition to and does not affect your statutory rights as a consumer. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services repaired or replaced if the services fail to be of acceptable quality and the failure does not amount to a major failure.

c. If you have your residence in Belgium:

  • section 2.j second bullet point is entirely replaced by: Consumer law provides you with a legal guarantee covering the conformity requirements of the App. Under this guarantee, we will attend to remedy any lack of conformity that you discover during the Right to Use Period. The legal guarantee for defects of conformity is of two years. If the removal of the defect is impossible, associated with disproportionate costs, is not fulfilled, the attempt to remove the defect fails, the defect is so serious that the immediate termination of the Agreement is justified, we refuse the supplementary performance or it is obvious that we cannot remedy the defect, you have the right to terminate the Agreement or reduce the price according to the statutory provisions. Upon termination of the Agreement, we will reimburse you pro rata for the price paid over the provision period during which the App was defective.
  • section 5.a is entirely replaced by: Personal Data: Your privacy is important to us. Our Privacy Notice applies to the use of the App. Please read these documents at https://www.philips-hue.com/privacy as they describe, amongst others, the types of personal data we collect from you, how we might use your personal data, the legal bases on which we process your personal data, as well as your privacy rights. In any case, your personal data will be treated in compliance with the EU Regulation 2016/679, as complemented by the act of 30 July 2018 on the protection of natural persons regarding the processing of personal data.
  • section 8 second last sentence is replaced by: This indemnification obligation shall not apply to any willful, intentional or reckless misconduct of ours, or gross negligence or any of our essential obligations under applicable law.
  • section 9.a is entirely replaced by: Except if this is not authorised under applicable law; (a) under no circumstances shall we be liable for any special, incidental, punitive, multiple or consequential damages or lost profits that result from the App even if we have been advised of the possibility of such damages; (b) our total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for the App. This limitation is cumulative and will not be increased by the existence of more than one incident or claim; (c) we disclaim all liability of any kind of our licensors and suppliers. To the extent permitted by applicable law; (d) under no circumstances will we be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions transmitted or otherwise made available via the App. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with your use of the App, and you agree to hold us harmless from, and you covenant not to sue us for, any claims based on your use of the App.
  • section 9.d is added to section 9: The liability limitations in this section shall not apply to any willful, intentional or reckless misconduct of ours or our subcontractors, nor bodily injury, nor any of our essential obligations under this Agreement.
  • section 11.h is entirely replaced by: We are free, on notice to you, to assign all our rights and obligations under the Agreement if such assignment takes place as part of the transfer of our company. If we, however, assign or delegate (in whole or in part) any of our rights or obligations under the Agreement for any other reason, and you disagree, you will have the right to terminate the Agreement unless we remain responsible and liable for such an assignment or delegation. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.

d. If you have your residence in Chile:

  • section 5.a following sentence is added: To use the App, you must accept these Terms and accept the processing of your personal data as provided in section 3.b and in accordance with the provisions of Law No. 19.628, on the protection of privacy, which you declare to know and accept. Furthermore, the consent given for the use of personal data is without prejudice to the exercise of the rights that the Chilean legal system recognises to the owners of personal data.

e. If you have your residence in the Czech Republic:

  • section 10.c following sentence is added: You can also contact Czech Trade Inspection by visiting this link: http://www.coi.cz.

f. If you have your residence in Germany:

  • section 1.f following sentence is added: To exercise the right of withdrawal, you may also contact us by telephone (00800 744 547 75).
  • section 2.j first and last bullet points are entirely replaced by: Within the 2-year warranty period, we are obligated to remedy the defect within a reasonable period (“Nacherfüllung”) in accordance with the statutory provisions (§§ 327d ff BGB). If the removal of the defect is impossible, associated with disproportionate costs, is not fulfilled, the attempt to remove the defect fails, the defect is so serious that the immediate termination of the Agreement is justified, we refuse the supplementary performance (“Nacherfüllung”) or it is obvious that we cannot remedy the defect, you have the right to terminate the Agreement or reduce the price according to the statutory provisions (§§ 327 m ff BGB). Upon termination of the Agreement, we will reimburse you pro rata for the price paid over the provision period during which the App was defective.
  • section 8 is entirely replaced by: If you culpably violate these Terms and we are held liable by a third party as a result, you are obligated to indemnify us against this claim and the costs associated with it.
  • section 9 is entirely replaced by: Any claims for damages are excluded. This exclusion of liability shall not apply insofar as we are subject to mandatory liability, e.g. under the Product Liability Act (“Produkthaftungsgesetz”), in cases of intent, gross negligence, injury to life, limb or health, or breach of essential contractual obligations (“wesentliche Vertragsverletzungen”). However, except in cases of the Product Liability Act, gross negligence, intent or injury to life, body or health, liability for breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contractual relationship.

g. If you have your residence in Hungary:

  • section 2.d first bullet point is amended by adding the following: We are not responsible for any defect of the App if your digital environment is not compatible with the technical requirements described in the App Description.
  • section 2.j first and last bullet points are entirely replaced by: In case of defective performance, you shall be entitled to the rights provided for in Government Decree 373/2021 (VI.30.) and the Civil Code, which shall apply jointly. Especially you are entitled to request a pro rata reduction of the price, or even terminate the Agreement in accordance with the provisions of the above laws. In this case, we will reimburse you the pro rata amount for the price paid over the provision period during which the App was defective and in case of termination also the pro-rata amount already paid, calculated for the remainder of the Right to Use Period.
  • section 8 is entirely replaced by: You are liable for culpable violation of these Terms in accordance with the applicable laws.
  • section 9 is entirely replaced by: Any claims for damages are excluded to the maximum extent permitted by the law. This exclusion of liability shall not apply however for mandatory liability, e.g. causing damage intentionally or causing damage to human life, limb or health.

h. If you have your residence in Italy:

  • section 2.j second bullet point is entirely replaced by: Consumer law provides you with a legal guarantee covering the conformity requirements of the App. Under this guarantee, we will attend to remedy any lack of conformity that you discover during the Right to Use Period. The legal guarantee for defects of conformity is of two years and the action directed to claim defects which already subsist at the time of supply, unless willfully concealed, is time-barred, in any case, within twenty-six months from the supply.
  • section 5.a is entirely replaced by: Personal Data: Your privacy is important to us. Our Privacy Notice applies to the use of the App. Please read these documents at https://www.philips-hue.com/privacy as they describe, amongst others, the types of personal data we collect from you, how we might use your personal data, the legal bases on which we process your personal data, as well as your privacy rights. In any case, your personal data will be treated in compliance with the EU Regulation 2016/679, as well as Legislative Decree No. 101/2018 and Legislative Decree No. 196/2003 et seq.

i. If you have your residence in Luxembourg:

  • section 2.j second bullet point is entirely replaced by: Consumer law provides you with a legal guarantee covering the conformity requirements of the App. Under this guarantee, we will attend to remedy any lack of conformity that you discover during the Right to Use Period. The legal guarantee for defects of conformity is of two years. If the removal of the defect is impossible, associated with disproportionate costs, is not fulfilled, the attempt to remove the defect fails, the defect is so serious that the immediate termination of the Agreement is justified, we refuse the supplementary performance or it is obvious that we cannot remedy the defect, you have the right to terminate the Agreement or reduce the price according to the statutory provisions. Upon termination of the Agreement, we will reimburse you pro rata for the price paid over the provision period during which the App was defective.
  • section 5.a is entirely replaced byPersonal Data: Your privacy is important to us. Our Privacy Notice applies to the use of the App. Please read these documents at https://www.philips-hue.com/privacy as they describe, amongst others, the types of personal data we collect from you, how we might use your personal data, the legal bases on which we process your personal data, as well as your privacy rights. In any case, your personal data will be treated in compliance with the EU Regulation 2016/679, as complemented by the act of 1 August 2018 on the organisation of the National Commission for Data Protection and the general data protection regime.
  • section 8 second last sentence is replaced by: This indemnification obligation shall not apply to any willful, intentional or reckless misconduct of ours, or gross negligence or any of our essential obligations under applicable law.
  • section 9.a is entirely replaced by: Except if this is not authorised under applicable law; (a) under no circumstances shall we be liable for any special, incidental, punitive, multiple or consequential damages or lost profits that result from the App even if we have been advised of the possibility of such damages; (b) our total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for the App. This limitation is cumulative and will not be increased by the existence of more than one incident or claim; (c) we disclaim all liability of any kind of our licensors and suppliers. To the extent permitted by applicable law; (d) under no circumstances will we be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions transmitted or otherwise made available via the App. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with your use of the App, and you agree to hold us harmless from, and you covenant not to sue us for, any claims based on your use of the App.
  • section 9.d is added to section 9: The liability limitations in this section shall not apply to any willful, intentional or reckless misconduct of ours or our subcontractors, nor bodily injury, nor any of our essential obligations under this Agreement.
  • section 11.h is entirely replaced by: We are free, on notice to you, to assign all our rights and obligations under the Agreement if such assignment takes place as part of the transfer of our company. If we, however, assign or delegate (in whole or in part) any of our rights or obligations under the Agreement for any other reason, and you disagree, you will have the right to terminate the Agreement unless we remain responsible and liable for such an assignment or delegation. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.

j. If you have your residence in The Netherlands:

  • section 2.j first and last bullet points are entirely replaced by: Within the statutory warranty period, we are obligated to remedy the defect within a reasonable period in accordance with the statutory provisions (clause 7:50ah Dutch Civil Code). If the removal of the defect is impossible, associated with disproportionate costs, is not fulfilled, the attempt to remove the defect fails, the defect is so serious that the immediate termination of the Agreement is justified, we refuse the supplementary performance or it is obvious that we cannot remedy the defect, you have the right to terminate the Agreement or reduce the price according to the statutory provisions (clause 7:50ah, 50ai Dutch Civil Code). Upon termination of the Agreement, we will reimburse you pro rata for the price paid over the provision period during which the App was defective.
  • section 8 is entirely replaced by: If you culpably violate these Terms and we are held liable by a third party as a result, you are obligated to indemnify us against this claim and the costs associated with it.
  • section 9 is entirely replaced by: We are only liable, and only for reasonable amounts, if our liability is dictated by mandatory law (e.g. under the Product Liability legislation (6:185 Dutch Civil Code) and warranty claims (7:50ag Dutch Civil Code)).
  • section 11.h is entirely replaced by: We are free, on notice to you, to assign all our rights and obligations under the Agreement if such assignment takes place as part of the transfer of our company. If we, however, assign or delegate (in whole or in part) any of our rights or obligations under the Agreement for any other reason, and you disagree, you will have the right to terminate the Agreement unless we remain responsible and liable for such an assignment or delegation. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.

k. If you have your residence in New Zealand:

  • section 2.j following paragraph is added: Our standard service warranty is in addition to and does not affect your statutory rights as a consumer. Our services come with guarantees that are in addition to, not in substitution of, the customer rights under the New Zealand Law (including its rights under the Consumer Guarantees Act, 1993 as modified from time to time). The benefits provided to the consumer by the warranty are in addition to other rights and remedies available to the consumer under the law.

l. If you have your residence in Poland:

  • section 1.f following sentence is added: To exercise the right of withdrawal, you may also contact us by telephone (00800 744 547 75).
  • section 8 is entirely deleted.
  • section 9 is replaced by: You are liable for culpable violation of these Terms in accordance with generally applicable laws.
  • section 11.h is entirely replaced by: We may not transfer our obligations under the Agreement without your consent. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.

m. If you have your residence in Portugal:

  • section 2.j first bullet point is entirely replaced by: Within the Right of Use Period, we will remedy the defect within a reasonable period in accordance with the statutory provisions. If the removal of the defect is impossible or associated with disproportionate costs, the defect has not been remedied in a reasonable period, free of charge and without any major inconvenience for you, the attempt to remove the defect fails, the defect is so serious that the immediate termination of the Agreement is justified, we have declared that we will not remedy the defect, you have the right to terminate the Agreement or reduce the price according to the statutory provisions. Upon termination of the Agreement, we will reimburse you pro rata for the price paid over the provision period during which the App was defective. The App may experience temporary interruptions due to technical difficulties, maintenance or testing, or Updates.
  • section 8 is entirely replaced by: You are liable for culpable violation of these Terms in accordance with generally applicable laws.
  • section 9 following sentence is added: This section will only be applicable to the extent permitted by applicable law.
  • section 11.h is entirely replaced by: We may assign or delegate (in whole or in part) any of our rights under the Agreement. If we, however, assign or delegate (in whole or in part) any of our obligations under the Agreement for any other reason, and you disagree, you will have the right to terminate the Agreement unless we remain responsible and liable for such an assignment or delegation. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.

n. If you have your residence in Romania:

  • section 2.j last bullet point is entirely replaced by: We will bring the App into conformity within a reasonable period in accordance with the statutory provisions. You are entitled to either a proportionate reduction of the price or termination of the Agreement in any of the following cases: (a) the remedy to bring the App into conformity is impossible or disproportionate; (b) we have not brought the App into conformity within a reasonable period of time, free of charge and without any major inconvenience for you; (c) a lack of conformity is found despite our attempt to bring the App into conformity; (d) the lack of conformity is so serious as to justify an immediate price reduction or immediate termination of the Agreement; (e) we declare that we will not bring the App into conformity within a reasonable time, or without significant inconvenience for you, or this is clear from the circumstances of the case. You will be reimbursed pro rata for the price paid over the provision period during which the App was lacking conformity.
  • section 8 is entirely replaced by: You are liable for culpable violation of these Terms in accordance with the applicable laws.
  • section 9.a and 9.b are entirely deleted.
  • section 11.h. is entirely replaced by: We may assign or delegate (in whole or in part) any of our rights or obligations under the Agreement, without your consent, unless such transfer serves to reduce warranties or other liabilities to you as a consumer. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.
  • section 11.i is added to section 11: You agree that these Terms do not include any unusual (standard) clauses as explicitly defined under the Romanian law. You irrevocably agree and accept, as of the acceptance of these Terms, all the clauses set herein, especially (but not limited to) the following sections of these Terms: 2.b, d, e and j; 6.b, c and d; 8; 9.c; 10.b; 11.h.

o. If you have your residence in Spain:

  • section 2. j first bullet point is entirely replaced by: Within the Right of Use Period, we will remedy the defect within a reasonable period in accordance with the statutory provisions. If the removal of the defect is impossible or associated with disproportionate costs, the defect has not been remedied in a reasonable period, free of charge and without any major inconvenience for you, the attempt to remove the defect fails, the defect is so serious that the immediate termination of the Agreement is justified, we have declared that we will not remedy the defect, you have the right to terminate the Agreement or reduce the price according to the statutory provisions. Upon termination of the Agreement, we will reimburse you pro rata for the price paid over the provision period during which the App was defective. The App may experience temporary interruptions due to technical difficulties, maintenance or testing, or Updates.
  • section 8 is entirely replaced by: You are liable for culpable violation of these Terms in accordance with generally applicable laws.
  • section 9.a and b are entirely deleted.
  • section 11.h following sentence is added: The assignment of our obligations under this Agreement will not negatively affect your rights under this Agreement.

p. If you have your residence in Sweden:

  • section 11.i is added to section 11: These Terms do not in any way exclude, limit or suspend any right consumers may have under the Swedish Consumer Sales Act (2022:260) (“Konsumentköplagen”), e.g. repair, exchange, price reduction or refund for defective goods or defects resulting from update failures, during the period of our obligations according to law.
  • section 8 is entirely replaced by: If you culpably violate these Terms and we as a result are held liable by a third party, we are entitled to claim damages for the claim and the costs associated with it.
  • section 9 is entirely replaced by: We are not liable for any damages other than those specified by mandatory Swedish law, e.g. the Swedish Product Liability Act (1992:18) (“Produktansvarslagen”) and the Swedish Consumer Sales Act (2022:260) (“Konsumentköplagen”).

q. If you have your residence in Switzerland:

  • Section 2.j first and last bullet points are entirely replaced by: Within the 2-year warranty period, we are obligated to remedy the defect within a reasonable period in accordance with the statutory provisions. If the removal of the defect is impossible, associated with disproportionate costs, is not fulfilled, the attempt to remove the defect fails, the defect is so serious that the immediate termination of the Agreement is justified, we refuse the supplementary performance or it is obvious that we cannot remedy the defect, you have the right to terminate the Agreement or reduce the price according to the statutory provisions. Upon termination of the Agreement, we will reimburse you pro rata for the price paid over the provision period during which the App was defective.
  • Section 8 is entirely replaced by: If you culpably violate these Terms and we are held liable by a third party as a result, you are obligated to indemnify us against this claim and the costs associated with it.
  • Section 9 is entirely replaced by: Any claims for damages are excluded. This exclusion of liability shall not apply insofar as we are subject to mandatory liability, e.g. under the Product Liability Act (“Produktehaftpflichtgesetz”), in cases of intent, gross negligence and injury to life, limb or health.

r. If you have your residence in the United Kingdom:

  • Section 9.b second sentence is entirely replaced by: Other than the liabilities described above the only other liability we accept is liability for death or personal injury resulting from our negligence, for any breach by us of Section 12 of the Sale of Goods Act 1979, for fraud or for fraudulent misrepresentation, and for any other liability which cannot be excluded by law.

s. If you have your residence in the United States of America:

section 10.d is added to section 10: Notice for California residents: Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or compliant regarding our website or these Terms, please send an enquiry to our “Contact Us” link at https://www.signify.com/en-us/get-in-touch/contact-us You may also contact us by writing to Customer Satisfaction Department, 400 Crossing Blvd., Suite 600, Bridgewater, New Jersey 08807 or by calling Signify at 1(800) 555-0050. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Annex - I: Model Withdrawal Form (for EEA-based consumers)

(complete and return this form only if you wish to withdraw from the Agreement)

— To Signify Netherlands B.V., High Tech Campus 48, 5656 AE Eindhoven, The Netherlands, FAO: Legal Department; or you can submit this form by email (support.hue.syncapp@signify.com)

— I hereby give notice that I withdraw from my contract of sale for the provision of the following service:

_______________________________________

— Ordered on, _________________________

— Name of consumer, ________________________

— Address of consumer, _______________________

— Signature of consumer (only if this form is notified on paper), ______________________

— Date:

version January 2023