This App is offered to you by Philips Consumer Lifestyle B.V. (having its address at Amstelplein 2, 1096 BC Amsterdam, the Netherlands) ("Philips"). We are excited that you are going to use this App, there are just a few rules and restrictions we ask you to keep in mind!
What this App does for you:
This App facilitates the communication with you and enables the transmission of your information in order to provide you with the services under the Back Pain program, such as personalized motivational coaching as well as to allow you to monitor your pain, mood, sleep quality, activity, coping levels and device usage.
We encourage you to read on; by using the App, you accept the terms as mentioned below.
When you download the App, you agree to these terms and conditions.
License: Philips grants you a non-transferable, non-exclusive right (without the right to sublicense) to install and use the App solely on designated handheld mobile device(s) (e.g., iPhone, iPad, or Android smartphone) for the sole purpose of your participation in the Back Pain program. Your right to use this App does not include any right or license to use, distribute or create derivative works of the software in any manner that would subject the software to the terms of any license that directly or indirectly (1) create or purport to create obligations for Philips with respect to the software or derivatives works thereof; or (2) grant or purport to grant any third party any rights or immunities under intellectual property or proprietary rights in the software or derivative works thereof.
Ownership and IP in the App: Philips owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed on and from the App. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without Philips’ prior written consent except to use the App for its intended purposes. If you submit a comment, suggestion or any other material (“Feedback”) to Philips related to the App (excluding any illegal content), you hereby assign all ownership in and to such Feedback to Philips, and acknowledge that we will be entitled to use and implement any such Feedback in any manner without restriction, and without any obligation of confidentiality, attribution or compensation to you, or grant Philips a license to use such Feedback without any restrictions to the extent the foregoing is deemed ineffective.
Warranties: This App is provided “as is”. Any use of the App is for your own risk and account. To the maximum extent permitted by law, Philips disclaims all warranties of any kind; either expressed or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, any implied warranty of non-infringement. Philips does not warrant that the functions contained in the software will meet any requirements or needs you may have or that the software will operate error free, or in an uninterrupted fashion, or that any defects or errors in the software will be corrected, or that the software is compatible with any particular platform. Philips may update or change software for seamless service, and may do so remotely without notifying you.
Third parties: It is possible that when you use the App you will also use a service, download a piece of software, or purchase goods that are provided by a third party. Those third party services and products may have their own applicable rules and restrictions, separate from these terms, and you need to abide by them in regard to that third party. You acknowledge that you are responsible for all fees charged by third parties, such as your ISP or mobile device carrier, which provide you with specific requirements that enable you to use the App.
Open Source Software: The Apps may contain components that are subject to open-source terms. You may download and use this open source software under the conditions stated in the respective license terms.
Privacy: Philips values and respects your privacy. Personal data collected through the Back Pain program including through the App will be used in accordance with the Privacy Notice. Please read the Privacy Notice.
User content: You will be able to create or upload content to the App. When you share your content, we intend to use it to personalize the Back Pain program to you.
Liability: IN NO EVENT WILL PHILIPS, OR ANY OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE APP, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. PHILIPS’ AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS OR OTHERWISE WITH RESPECT TO THE APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF EUR 100.
YOU UNDERSTAND AND AGREE THAT PHILIPS IS NOT ENGAGED IN THE PRACTICE OF MEDICINE AND THAT THE APP IS AN INFORMATION TOOL ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGMENT OF HEALTHCARE PROVIDERS IN DIAGNOSING AND TREATING PATIENTS. YOU SHALL INDEMNIFY PHILIPS FULLY AND HOLD PHILIPS HARMLESS AGAINST ANY LOSSES OR LIABILITY IN CONNECTION WITH ANY CLAIM ARISING DUE TO YOUR USE OF THE SOFTWARE FOR PURPOSES OF DIAGNOSIS OR TREATMENT.
Jurisdiction: These terms and conditions shall be construed, interpreted and governed by the laws of Germany without regard to conflicts of law provisions thereof.
US anti-boycott: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Also you irrevocably grant Apple the right (who will be deemed to have accepted that right) to enforce this representation and warranty against you as a third party beneficiary.
Sole point of contact for the App: Apple is not responsible for the App nor its content. Therefore you should contact Philips via www.philips.de/kontakt for any questions, support, product claims and third party intellectual property claims related to the App.