VERSION: November 2018
Thank you for your interest in the Interact Indoor Navigation Demo “App”. This App is offered to you by Philips Lighting B.V., (to be renamed as Signify Netherlands B.V.) a Dutch limited liability company, with its principal office at High Tech Campus 45, 5656 AE Eindhoven, the Netherlands ("Signify").
Applicability: Please note that your use of and interaction with this App is subject to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE APP. These Terms of Use and all terms, policies and guidelines incorporated by reference in these Terms of Use will remain in full force and effect so long as you continue to use or access the App, or until terminated earlier in accordance with the provisions of these Terms of Use. Any use or access to the App by anyone under the age of 18 is strictly prohibited and is a violation of these Terms of Use. By continuing access to this App you acknowledge that you have read all of its terms, and that you understand and agree to be bound by these Terms of Use. These Terms of Use only governs the use of App and in no way affects or overrides any other contract that you have with Signify or its affiliates with regards to products or services.
Scope of the App: This App demonstrates different use cases of indoor positioning. This includes product search, cross-selling trough popups, accurate location, beautified maps.
Privacy: Privacy of our end users is important to us, please read the privacy notice provided separately to you in this App carefully.
Third Party Services and Open Source Software: Sometimes when you use the App you may (as a result of, or through your use of the App) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. If the App contains a third party software or component or an open source software or component then the use of such software or component shall be subject to the terms of use of such third party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the App in any manner that would subject the App to Open Source Terms. "Open Source Terms" means the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party.
Amendments: These Terms of Use may be amended by Signify at any time. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any.
License grant: Signify grants you a non-exclusive, non-transferable, revocable and limited license solely to access the App, to download and use the App’s software and service, and to access the content of the App (“Content”) according to these Terms of Use.
Restrictions: You agree to (a) not use the App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose or in violation of these Terms of Use; (b) use the App only as intended by Signify; (c) not use the App in any manner that could harm Signify, its service providers, or any other person; (d) not to republish, reproduce, distribute, display, post or transmit any part of the App or modify or adapt the App or merge the App into another program or create derivative works based upon the App; (e) not perform an action with the intent of introducing to the App viruses, worms, defects, Trojan horses, malware or any items of a destructive nature or disabling the App or other end users’ devices; (f) not to circumvent or attempt to tamper with the security settings of App; (g) not to reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly prohibits the foregoing restriction; (h) comply with any other reasonable requirements or restrictions requested or imposed by Signify; (i) not publish and/or post any abusive, obscene or inappropriate content on the App; and (j) not permit others to do any of the foregoing restricted acts. You assume full responsibility for the legal and responsible use of the App.
Upgrades, updates: Signify may, at its sole option, make upgrades or updates to the App for seamless service, and may do so remotely without notifying you. Updates, upgrades or changes are subject to these Terms of Use, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern. If you do not want such updates or upgrades, your sole remedy is to cease using the App altogether. Your continued use of the App implies deemed acceptance of such updates and upgrades by you.
Support: For any questions and support with regards to the App, please contact your local Signify organization which can be found at yellowdot.support@signify.com
Confidentiality: This App, including any information and materials or content on or in the App (“Information”) are all confidential information of Signify. You shall not discuss, exchange, share, disclose and/or otherwise make the information available with and/or to any party other than Signify and/or its affiliates without Signify’s prior written approval. You shall not use the information for any purpose and/or use other than as herewith licensed by Signify to you under these Terms of Use.
Disclaimer of Warranties: THE APP, THE CONTENT AND USER GENERATED CONTENT (INCLUDING WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". SIGNIFY AND ITS AFFILIATES, PARTNERS, LICENSORS AND/OR 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, OR AS TO THE OPERATION OF ANY WEB SITE AND THE APP, THE CONTENT OR USER GENERATED CONTENT. NEITHER SIGNIFY NOR ITS AFFILIATES, PARTNERS, LICENSORS AND/OR SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP (INCLUDING ANY INFORMATION AND MATERIALS, TOOLS OR CONTENT ON OR IN THE APP) WILL BE CORRECT, COMPLETE, ACCURATE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL SIGNIFY, OR ITS AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO THE APP OR CONTENT, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION; LOSS OF CONTENT PROVIDED BY YOU) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR YOUR USE OF THE APP WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, SIGNIFY OR ITS AFFILIATES’ OR IT’S LICENSORS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE APP OR CONTENT OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP OR FIFTY EUROS (50€) WHICHEVER IS HIGHER. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your Indemnity: You agree to indemnify and hold harmless Signify, its affiliates, brand licensees, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of or are related to the posting, content, or transmission of any message, data, material or any other content or information you submit on the App or any violation of these Terms of Use by you or a third party or person acting on your behalf.
Ownership: Copyrights and all other intellectual property rights in the App and the Content provided by Signify, its affiliates, licensors, and/or partners, the compilation of data on the App, and the order, sequence and arrangement of this App, are solely owned by Signify Holding B.V. and / or its affiliates, partners or licensors. All rights are reserved. You may not use the Content and the App other than expressly permitted in these Terms of Use. Signify and its affiliates or its licensors retain ownership of all its rights in Content and in and to the App, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Signify intellectual property.
Usage Data: You acknowledge and agree that Signify may collect information and data generated from your use of the App (“Usage Data”). Signify shall ensure that the use of Usage Data will exclude any data personal data. Signify is entitled to use the Usage Data, free of charge, at any time during the term of these Terms of Use and afterwards, in its sole discretion for any purposes whatsoever, including but not limited to, to aggregate or compile Usage Data with other data, create IPR or derivative works of or modify or adapt Usage Data to provide, maintain, and improve products and services, and to develop new products or features or services.
Feedback: Signify will be free to use in any way or from any ideas, suggestions, feedback or recommendations provided by you to Signify regarding the App ("Feedback"), without payment of royalties or other consideration to you. Feedback will be considered confidential information of Signify. Signify will own all rights in Feedback including without limitation intellectual property rights and will be free to use such Feedback for any purpose whatsoever in its sole discretion without any further obligation or liability.
Termination: These Terms of Use shall terminate with or without notice (i) at the discretion of Signify, due to your failure to comply with any provision of these Terms of Use or applicable law; or (ii) if any fee charged by Signify for continued use is not paid in due time; or (iii) upon destruction of your installed copy of the App. Upon termination of the Terms of Use you shall not access or use the App in any manner. Signify’s rights and your obligations shall survive the termination of these Terms of Use.
Jurisdiction: These Terms of Use shall be construed, interrupted and governed by the laws of the Netherlands without regard to conflicts of laws principles. Any litigation arising from or relating to these Terms of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Amsterdam, however, Signify may enforce its or its affiliates’ intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts.
Miscellaneous: You will not export or re-export any Content and any part of the App. These Terms of Use shall constitute the entire agreement between you and Signify with respect to its subject matter. Failure by Signify to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, then that determination will not affect the continued validity, legality, enforceability, and effectiveness of the remaining provisions of these Terms of Use.