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.