Terms of Use -
    Philips EnvisionTouch

    VERSION - 19 February 2019

    Thank you for your interest in Philips EnvisionTouch! This Philips EnvisionTouch App (“App”) is offered to you by Signify Netherlands B.V., a Dutch limited liability company, with its principal office at High Tech Campus 48,5656 AE Eindhoven, the Netherlands ("Signify"). We welcome you to use this App, there are just a few rules and restrictions you should comply with.

     

    This App is designed to provide control options for lighting, HVAC, curtains and ancillary services from a single point for homes as well as commercial projects ranging in size from a single meeting room to a large building

     

    We encourage you to read on; BY USING THE APP YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE OF LEGAL AGE; AND (C) ACCEPT AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE APP.

     

    Applicability: Please note that your use of and interaction with this App is subject to these Terms of Use, which 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.

     

    Privacy: Privacy of our end users is important to us, please read the privacy notice provided separately to you in this App carefully.

     

    License:  Subject to and conditioned upon your strict compiance with all terms and conditions set forth herein, Signify grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license solely to access the App, to download and use the App’s software and service within the scope, and to access the content made available by 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 copy, republish, reproduce, distribute, rent, lease, sell, sublicense, display, post or transmit any part of the App to any other party, or modify, translate 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 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; (j) not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the App, including any copy thereof; and (k) not permit others to do any of the foregoing restricted acts. You assume full responsibility for the legal and responsible use of the App.

     

    Third parties Services and Open Source Software: 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 component or an open source software 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.

     

    Upgrades, updates: Signify may, at its sole option, make upgrades or updates to the App 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 such upgrades and updates. 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 visit https://www.dynalite.org/ and click on 'Contact us'

     

    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", WITHOUT WARRANTY OF ANY KIND. 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: As much faith as we have in our App, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the App would not work or any content may be lost, please accept our sincerest apologies. We certainly understand that it is unfortunate and inconvenient. Unfortunately, we cannot accept any liability for any damage incurred as a result of your use of the App. 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. 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. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SIGNIFY, ITS AFFILIATES, OWNERS OR LICENSORS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE APP OR CONTENT OR OTHERWISE EXCEED THE FEES PAID IN CONNECTION WITH THE APP OR FIFTY EUROS (€50), WHICHEVER IS HIGHER.

     

    User content: If you create or upload content on the App (“User Content”), you can decide what you will publicly share on our App and we want you and others to enjoy our App. So please don’t use our App in a way that is commonly considered inappropriate (such as obscene, violating laws and regulations, offensive, discriminatory or that infringe someone else’s rights).

     

    User Content is provided by users, not by Signify. We do not endorse opinions, recommendations, or advice expressed therein. As this is a publicly available App, sharing your content means that it becomes public. Also, when you share your content, we intend to use it for our own purposes as well, including without limitation for commercial purposes without any obligation towards you. If this is not what you would like, it is best to be cautious about what you share.

     

    Your indemnity: You agree to indemnify, defend and hold harmless Signify, its affiliates, licensors, other partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damage, liabilities, deficiencies, claims, actions, judgements, settlements, awards, penalties, fines, costs and/or expenses of whatever kind (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, 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 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.

     

    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. 

     

    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 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 including but not limited to, to aggregate or compile Usage Data with other data, create intellectual property rights 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: If you provide any ideas, suggestions, feedback or recommendations to Signify regarding the App ("Feedback") you acknowledge and agree that 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 and without payment of royalties or other consideration to you or any other party.

     

    Termination: All rights granted to you under 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 such rights you shall not access or use the App in any manner. Signify’s rights and your obligations shall survive the termination of your rights.

     

    Jurisdiction: Subject to the below paragraph and to the fullest extent permitted by law, these Terms of Use shall be construed, interpreted and governed by the laws of country of your residence without regard to conflict of laws or choice of laws principles.

    If you are a user located in US, then the following section applies to you. To the fullest extent permitted by law, these Terms of use shall be construed, interpreted and governed, and the relations of the parties shall be determined, in accordance with the substantive laws of the State of New York without regard to its conflict of laws or choice 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 are thus excluded.

     

    Miscellaneous: You will not export or re-export any Content, the App or any part of thereof. 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 provisions of these Terms of Use are illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.