ACCOUNT TERMS OF USE (the “Terms”)
1. General.
1.1 These Terms apply to your use and access of the Account (as defined below) provided by the Signify entity set out in Annex 2 below (“Signify”, “we”, “us”, “our”). “you” and “your” refers to the organization that has procured or will procure one or more subscriptions - directly from Signify or as an assignee for one or more Applications. Below, we use capitalized words to indicate that these are defined terms. You can find the meaning of those in Annex 1. Individuals that accept these Terms do also on behalf of you. Do not use the Account if you do not agree with these Terms.
2. Account.
2.1 Signify will use commercially reasonable efforts to provide the Account to you in conformity with these Terms and the Documentation, including maintain safeguards appropriate for protecting the security, integrity, and confidentiality of Your Information.
2.2 You are allowed to use the Account for:
- creation of a login email-address and password for the Account
- logging-in to an Application for which you have received Application Credentials. Signify may provide access to certain Applications without requiring Application Credentials. Any access and use of an Application will be subject to additional terms and conditions set by Signify for such an Application
- changing your Account password, or account settings like language and country from the My Account page; and
- usage as further indicated in the Documentation
2.3 Accessing and using the Account requires you to set up that account. You will be responsible for:
- the accuracy of the information submitted to us to setup your account
- maintaining the confidentiality of your passwords and the security of your account
- all activities that occur under your account. You shall prevent any unauthorized use of your account. You shall immediately notify us of any (suspected) unauthorized use or any other breach of security.
2.4 You shall not use the Account for any other purpose than the intended purposes confirmed by Signify or interfere with the proper working of the Account.
3. Personal Data; Cookies.
3.1 Where Signify is controller of your personal data (as defined in our privacy notice) it will only process your personal data to the extent necessary for your use and access of the Account and any Application in accordance with and further as permitted under Signify’s privacy notice, which may be accessed here: https://www.signify.com/privacynotice. Where applicable, additional privacy notices may be provided to you separately. Where Signify is the processor of your personal data as part of the performance of the Application, the terms and conditions applicable to that Application apply.
4. Ownership
4.1 Ownership of all intellectual property rights in the Account and Documentation remains with us, our Affiliates, our licensors or our suppliers. Except as expressly set forth differently herein, no other rights or licenses are granted or implied to be granted under any Signify intellectual property
5. Warranty and Liability
5.1 Disclaimer of Warranties: THE USE OF AND ACCESS TO THE ACCOUNT IS PROVIDED "AS IS" AND "AS AVAILABLE". SIGNIFY AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT OF IPR, OR AS TO THE OPERATION OF THE INTERACT ACCOUNT. NEITHER SIGNIFY NOR ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE ACCESS TO AND/OR USE OF THE ACCOUNT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ACCOUNT WILL BE CORRECT, COMPLETE, ACCURATE, SECURE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS.
5.2 Signify will not be responsible to you for any indirect, consequential, punitive, special, or incidental damages. Signify’s total liability arising out of or relating to your use of the Account is limited to €50. These Terms of Use only limit our responsibilities as allowed by applicable law.
5.3 You must Indemnify Signify its Affiliates and their respective suppliers against claims caused by a violation by you these Terms or the Documentation.
6. Termination and suspension.
6.1 Signify is allowed to suspend or terminate your access and use of the Account without liability if:
- you act in violation of these Terms or the Documentation;
- required by law or regulation or at the request of a relevant regulatory authority;
- this is needed in Signify’s discretion to protect Signify's and/or your systems;
- the Account is hampered by Force Majeure;
- you do not have Application Credentials to any Application that requires such for more than one year or if you did not access your Account for more than 1 year;
- in accordance with 7.2 in case you would object to a change of these Terms;
- as described in the Documentation; or
- subject to Signify’s discretion.
6.2 Upon termination of your Account you are no longer allowed to use the Account with immediate effect. Provisions in these Terms and the Documentation that are destined to survive termination, will so survive.
7. Miscellaneous
7.1 The applicable law as indicated in Annex 2 govern these Terms and the Interact Account. Legal proceedings can be brought exclusively to the venue as indicated in Annex 2. If your country of domicile is not included in Annex 2, Signify will mean “Signify Netherlands B.V.” with exclusive venue in Amsterdam, The Netherlands.
7.2 We may make any changes to the Terms and the Documentation from time to time that will be in effect for all Accounts from the effective date of such change. If a change to these Terms has a material adverse impact, we will notify you. If you object to such change by notifying us in writing within 30 days after our notification, we may either terminate your Account or continue Your Account in which latter case the original Terms will remain in effect until the termination of your Account. Your continued use of Account without giving us notice of objections in accordance with the above, will constitute your consent to such modifications.
7.3 We may assign or delegate any rights and obligations hereunder without notice or your consent.
7.4 The applicable Terms and Documentation constitute the entire agreement with respect to the use and access of the Account and supersede all prior understandings.
7.5 You must notify Signify in writing of a claim within 30 days of the date of the event giving rise to the claim. Any lawsuit relating to a claim must be filed within 1 year of the date of such notification. All other claims will be null and void.
7.6 If a provision of these Terms is found to be invalid or unenforceable, the remainder will still apply and the parties to the Terms will try to substitute that provision by a provision that corresponds as closely as possible the originally intention.