Samsung Services Terms and Conditions

Posted date: September 30, 2021


WELCOME

Welcome! Thank you for your interest in our services.


We, Samsung Electronics Co., Ltd. (“we”, “our”, or “Samsung”), together with our affiliates, provide a variety of features, apps, and services that you can enjoy with our mobile devices, TVs, and other products, listed here (“Services”), and these Terms and Conditions (“Terms”) will cover your use of the Services.


ACCEPTING OUR TERMS

By creating an account or using our Services, you confirm that you accept these Terms. You also confirm that:



We may sometimes need to change these Terms. We will let you know of any changes by posting the updated Terms on our website. If we think the changes are material, we may send a notification to the email address linked to your Samsung account before the updated Terms become effective. If you do not agree to the changes, you may stop using our Services and delete your Samsung account. By continuing to use our Services after the updated Terms become effective, you confirm that you understand and accept the updated Terms.

These Terms of Service constitute a binding legal agreement between you and Samsung, including the terms and conditions regarding dispute resolution, set forth on the Governing Law/Dispute Resolution Section, below.

GOVERNING LAW/ DISPUTE RESOLUTION | The formation, existence, construction, performance, validity, and all aspects whatsoever of these Terms will be governed by the law of the State of New York, without reference to its choice of laws principles. These Terms will not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding the foregoing, we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THESE TERMS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes, and is entered pursuant to the Federal Arbitration Act. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and these Terms. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.

This arbitration provision also applies to claims against our employees, representatives, and affiliates if any such claim arises from these Terms. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees, and costs as part of any award, but may not grant us our attorney fees, expert witness fees, or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility, and arbitrator fees, or $50.00 of such fees, whichever is less, and we shall pay the remainder of such fees. Administrative, facility, and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”) shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees, and costs to the extent allowed by the applicable law. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.
You may opt out of this dispute resolution procedure by providing notice to us no later than thirty (30) calendar days from the date of this Service Authorization. To opt out, you must send notice by email to optout@sea.samsung.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out email (a) your name and address; (b) the date of this Service Authorization; (c) the model name or model number of your Device on which the applicable Service is used; and (d) the IMEI or MEID or Serial Numbers, as applicable, if you have them (the IMEI or MEID or Serial Numbers can be found (i) on the Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt out by calling 1 800 SAMSUNG (726-7864) no later than 30 calendar days from the initial date of this Service and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the Terms of Service, and you will continue to enjoy the benefits of the Terms of Service.


USING OUR SERVICES

LICENSE |  We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. You may only use our Services for personal and non-commercial purposes, according to these Terms and the instructions we provide in our Services. All references to our Services include all related content and any other materials used to implement and provide access to our Services, including updates, upgrades, enhancements, modifications, revisions, or additions to our Services we make available to you. You acknowledge and agree that our Services belong to us and our partners, and are protected under applicable copyright, trademark, trade secret, patent, and other intellectual property laws and treaties. These Terms do not grant you any ownership interest in or to our Services, but only a limited right of use that can be revoked according to these Terms. The availability and features of our Services may vary depending on where you live, which device you are using, or which software or operating system version you have.

USER GUIDELINES |  We work hard to protect the security and safety of all users of our Services. We also strive to make our Services available without interruptions. To help us meet these goals, you agree that:




INTERNET |  Our Services may require Internet access to provide certain features to you. You acknowledge that access to the Internet may result in charges depending on your payment plan, and that we are not responsible any such charges, nor for the availability or speed of the Internet.

UPDATES |  We are always working to make our Services better. To share improvements and new features with you, we may provide updates or upgrades to our Services. These updates and upgrades are designed to improve, enhance, and further develop our Services and may include bug fixes, patches, enhanced features, plug-ins, and new versions. Essential updates, such as critical bug fixes or security updates, may be downloaded and installed automatically without your consent to protect you and other users. For other non-essential updates, you will be notified in advance and be able to choose whether to download and activate the update.

THIRD PARTY SERVICES |  We work with a global network of partners to provide you with useful content in our Services. This may include information, links, advertisements, or other contents provided by third parties (“Third-Party Services”). We are not responsible for, and have no control over, any Third-Party Services, and we are not liable for any damages or losses that are caused by any Third-Party Services.

ADVERTISEMENTS |  We provide most features of our Services for free. To keep these features free, we may show you ads or promotions provided by us or third parties while you use our Services.

PRIVACY POLICY |  Your use of the Services is subject to Samsung’s Privacy Policy for the U.S., located at: http://account.samsung.com/membership/terms/privacypolicy. We provide additional information about our privacy practices related to particular Services where appropriate. To the extent a Service has its own privacy notice, that privacy notice will also apply to your use of such Service. We recommend that you review the privacy notice of each Service for more information about our privacy practices.


SAMSUNG ACCOUNT

You may need to create an account to use some of our Services (“Samsung account”). By creating a Samsung account, you agree that:




You can delete your Samsung account at any time on our website.


IDENTITY VERIFICATION CODES

As an added layer of security designed to help keep your account safe from unauthorized users, we use two-step verification to verify your identity. For example, two-step verification may be required when you are initially setting up your account, or when you are attempting to access your account from a new or unrecognized device or location. When it is required, we will generate and send you a single-use identity verification code to enter onto the screen where prompted in order to gain access to your account. There is no need to sign up for this feature. It is an automatic service for your added security and protection. Please note that standard wireless carrier message and data rates may apply for SMS text messages. Carriers are not liable for any delayed or undelivered messages.

USER CONTENT

Some of our Services allow you to share things like comments, photos, messages, or documents with us or with other users. When you share content, you continue to own the intellectual property rights to your content and you are free to share the content with anyone else however you would like. However, to use your content in our Services, you need to grant us a license for any content that you create or upload using our Services. When you upload, transmit, create, post, display, or otherwise provide any information, materials, documents, media files, or other content on or through our Services (“User Content”), you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform, and publicly display such User Content (“User Content License”) to the full extent allowed by Applicable Law. We do our best to keep User Content safe, but we are not responsible if any of your User Content or other data is lost. You should keep local copies or make backups of contents and other data, just in case something goes wrong.

YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT, OR OTHERWISE AUTHORIZED TO GRANT US THE USER CONTENT LICENSE; (II) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD PARTY RIGHTS; (III) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER APPLICABLE LAW.


CHANGE / TERMINATION

CHANGE |  We may, at any time:




ENDING THESE TERMS | BY YOU |  You may terminate these Terms at any time by deleting your Samsung account and stopping your use of our Services.

ENDING THESE TERMS | BY SAMSUNG |  We may suspend or delete your Samsung account or stop providing you with all or part of our Services at any time, if:




NOTICE |  We will provide you with reasonable notice of any change, suspension, or discontinuation of our Services, unless it is urgently required, in which case we will notify you at the same time as the change, suspension, or discontinuation. To the maximum extent permitted by Applicable Law, we will not be liable to you or to any third party if we exercise such rights.


DISCLAIMER/LIABILITY

DISCLAIMER OF WARRANTY |  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SERVICES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.

WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SERVICES OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (ii) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICES.

LIMITATION OF LIABILITY |  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO SPECIFIC SERVICES EXCEED THE AMOUNT YOU PAID US FOR SUCH SPECIFIC SERVICE. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.

INDEMNIFICATION |  You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all officers, directors, and employees from any and all third party claims, actions, losses, damages, liabilities, judgments, grants, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of our Services or use by any person that you allow to use our Services that is not in accordance with these Terms, (ii) any breach of this Agreement by you or by any person that you allow to use our Services, or (iii) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use our Services.


GENERAL

INFRINGING CONTENT |  If you are a copyright owner or an agent thereof and believe that any content on the Services infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:



You can send your notice to SamsungDMCA@sea.samsung.com.

A copy of your DMCA Notification will be sent to the person who uploaded the material addressed in the Notification. Please be advised that under Section 512(f) of the DMCA, you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification.

ENTIRE AGREEMENT / SEVERABILITY |  These Terms, our Privacy Policy, any additional terms that accompany our Services, any amendments, and any additional agreements you may enter into with us shall constitute the entire agreement between you and us with respect to our Services, and supersede all prior or contemporaneous oral or written communications, proposal, and representations with respect to our Services or any subject matter covered by these Terms. If any provision of these Terms is deemed to be invalid, illegal, or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. You may be subject to additional terms and conditions that govern your use of third-party services, content, or software.

NO WAIVER |  If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver of our rights or remedies, and such rights or remedies will remain available to us.

RESERVATION OF RIGHTS AND FEEDBACK |  Nothing in these Terms gives you a right to use the Samsung name or any of the Samsung trademarks, logos, domain names, and other distinctive brand features. All rights, titles, and interest in and to our Services (excluding content provided by third parties) are, and will remain, the exclusive property of Samsung and its licensors. If you choose to make available any comments, ideas, feedback, or suggestions, we will be free to use such comments, ideas, feedback, or suggestions as we see fit and without any obligation to you.

EXPORT LAW |  You acknowledge and agree to comply with any and all Applicable Laws in using our Service, including, without limitation, all applicable export restriction laws and regulations.

SURVIVAL |  Any provisions within these Terms that by their nature should continue to be in effect, including without limitation the following Sections: License, Disclaimer of Warranty, Limitation of Liability, Indemnification, and General, shall survive the expiration or termination of these Terms, and remain valid and binding.

ELECTRONIC COMMUNICATIONS |  You agree to receive all agreements, notices, disclosures, and other communications electronically, including by email, push notification, pop-up, or text.


SERVICES SPECIAL TERMS

These Terms generally apply to all of our Services, while the terms in this Section (“Special Terms”) only apply to the specified Services. If there is any conflict between these Special Terms and the rest of these Terms, the Special Terms will apply, except with respect to Governing Law/Dispute Resolution. We may additionally provide separate terms, policies, and guidelines within each Service.


Samsung Cloud |  If you do not use Samsung Cloud for more than twelve (12) months, we reserve the right to delete all of your contents stored on Samsung Cloud. Even if you use Samsung Cloud, if you do not use content in a specific category of Samsung Cloud (e.g. contacts, calendars, photos, videos, keyboard data) for more than twelve (12) months, we reserve the right to delete the respective category and the content therein. We will provide you with thirty (30) days advance notice prior to any such deletion of your contents. For purposes of this provision, “use” or “used” shall mean accessing, uploading to, or downloading contents from Samsung Cloud. Please note that this provision does not apply while you are subscribed to a paid option of Samsung Cloud. If you do not back up any content from your device to Samsung Cloud for more than twelve (12) months, we reserve the right to delete any content backed up from such device to Samsung Cloud (e.g. SMS, MMS, app installation package data, app settings, music files, document files, voice recordings, device settings). We will provide you with the backup expiration date within the Samsung Cloud application starting from thirty (30) days in advance of any such deletion of your content. You are responsible for backing up your content to your own storage devices or media, as we do not guarantee or warrant that you will always be able to retrieve the content you store or back up through Samsung Cloud. You acknowledge and agree that Samsung is not liable or responsible for any loss that occurs due to you not taking action to separately back up or store your content.

Samsung Health |  SAMSUNG HEALTH IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE. SAMSUNG HEALTH IS NOT INTENDED FOR USE IN THE DETECTION, DIAGNOSIS, MONITORING, MANAGEMENT, OR TREATMENT OF ANY MEDICAL CONDITION, DISEASE, OR VITAL PHYSIOLOGICAL PROCESSES OR FOR THE TRANSMISSION OF TIME-SENSITIVE HEALTH INFORMATION. ANY INFORMATION FOUND, ACQUIRED, OR ACCESSED THROUGH SAMSUNG HEALTH IS MADE AVAILABLE ONLY FOR YOUR CONVENIENCE, AND SHOULD NOT BE TREATED AS MEDICAL ADVICE. YOU SHOULD SEEK MEDICAL ADVICE FROM A DOCTOR BEFORE STARTING A NEW FITNESS OR LIFESTYLE REGIMEN. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION YOU OBTAIN FROM SAMSUNG HEALTH MAY NOT BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE AND THAT SAMSUNG, EXCEPT AS OTHERWISE PROVIDED FOR IN THESE TERMS, WILL NOT BE HELD LIABLE FOR ANY INJURIES, DAMAGES, LOSSES, AND/OR COSTS ASSOCIATED WITH SAMSUNG HEALTH, NOR FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION FOUND, ACQUIRED, OR ACCESSED THROUGH SAMSUNG HEALTH. YOU ACKNOWLEDGE AND AGREE THAT SAMSUNG IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND THAT SAMSUNG DOES NOT DETERMINE THE APPROPRIATE MEDICAL USE OF SAMSUNG HEALTH. SAMSUNG HEALTH DOES NOT GENERATE ANY INDIVIDUAL BENEFIT FOR PATIENTS.

Samsung Pass |  YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE THAT IS NOT YOU TO USE OR HANDLE YOUR DEVICE, YOUR SAMSUNG PASS, OR YOUR SAMSUNG ACCOUNT. IT IS YOUR RESPONSIBILITY TO MAINTAIN THE SECURITY OF YOUR DEVICE AND YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES SUFFERED BY YOU DUE TO YOUR LOST, STOLEN, OR DAMAGED DEVICE. YOU MAY REGISTER YOUR BIOMETRIC INFORMATION TO VERIFY YOUR IDENTITY WHEN YOU USE SAMSUNG PASS. THIS HELPS PREVENT OTHERS FROM USING SAMSUNG PASS IF YOU LOSE YOUR DEVICE. YOU AGREE TO NOTIFY US IMMEDIATELY IF YOUR ACCOUNT BECOMES KNOWN TO SOMEONE ELSE OR IS OTHERWISE COMPROMISED.

Samsung SmartThings |  CERTAIN PRODUCTS AND/OR THIRD PARTY PRODUCTS MAY NOT WORK OR MAY CEASE TO WORK WITH SMARTTHINGS DESPITE SUPPORTING THE SAME STANDARDS. WE DO NOT PROVIDE ANY GUARANTEE OR WARRANTY OF COMPATIBILITY FOR THIRD PARTY PRODUCTS, EVEN IF SUCH THIRD PARTY PRODUCTS ARE ACCESSIBLE THROUGH SMARTTHINGS. PLEASE NOTE THAT IF YOU ADD MEMBERS, SUCH MEMBERS WILL HAVE FULL ACCESS AND CONTROL OVER ANY AND ALL OF YOUR CONNECTED PRODUCTS.

Samsung Digital Key |  You are responsible for keeping your Digital Key secure. Anyone with access to your device or Samsung account will be able to use your Digital Key and any related services, so make sure not to share your device or Samsung account with others. You are not allowed to use someone else’s Digital Key without their permission. Be careful not to lose your Digital Key or to allow it to be stolen or damaged. Samsung is not responsible for any losses or damages caused by you or someone else using your Digital Key, whether or not you gave them permission.

Samsung Internet |  THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE A VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AN AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PARTNER LICENSED TO PROVIDE SUCH AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.

Additional Terms |  Additional terms, policies, or guidelines will be applied for the following Services:

If you have any questions about our Services, contact us.







< Samsung Galaxy Store Terms and Conditions for User >


PLEASE READ THESE TERMS AND CONDITIONS FOR SAMSUNG GALAXY STORE (“Terms”) CAREFULLY BEFORE USING THE SAMSUNG GALAXY STORE BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG, INCLUDING ARBITRATION AND OPT-OUT PROVISIONS, SET OUT AT SECTION 16.8 (“DISPUTE RESOLUTION”), BELOW. If You are an individual, “You” means Yourself and anyone who works with or assists You. If You work for, or own, an entity, “You” means the entity, which You agree You are authorized to represent, as well as all other persons who own, or are employed by, or perform work for, that entity. “Your” means things that belong to or are associated with You. "We," “Us” or "Samsung" means Samsung Electronics Co., Ltd. and its subsidiaries, and affiliates which has its primary business location at Samsung Electronics Co., Ltd. 129, Samsung-Ro, Yeongtong-Gu, Suwon-Si, Gyeonggi-Do, 16677, Korea. These Terms also include other Samsung entities which own or control Samsung, or are also owned or controlled by Samsung’s owner, or in which Samsung has an ownership interest which exceeds fifty percent or which enables it to direct the management of the entity. Where this definition applies to any obligation You have to protect, pay or reimburse Samsung for any damages or losses, the term “Samsung” shall also include its limited liability company members, any of its affiliates and their `subsidiaries, and its and their directors, officers, managers, employees, shareholders, agents, and licensors. “Our” means things that belong to or are associated with Samsung. “Service” or “Services” means, both individually and collectively, Samsung Galaxy Store (“Store”), and any application, software, services, websites, and other related services provided by us or any third party designated by us.
1. Your use of Samsung Services (excluding any application, software or services provided to you by Samsung under a separate written agreement) is subject to these Terms. You may contact us through the Help menu of the Store. By using the Service, you can purchase, access and download the content and software applications available in the Store (“Content(s)”), including updates, either at no charge or for the price indicated. Contents available in the Store may be provided by third parties or Samsung. If you purchase a third party Content, you will enter into a contract directly with the third party Content provider, not Samsung.

2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. If you do not accept the Terms, you may not use the Services; accordingly your use of the Service constitutes acceptance of these Terms.
2.2 Samsung may modify these Terms from time to time. If you continue to use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
2.3 You may not use the Services or provide us with personal information if: (a) you are under the age of 18; however, if you are between 13 and 18 and you have obtained the permission from your parent or legal guardian for your use of the Services, and your parent or legal guardian agrees to these Terms on your behalf, you may use the Store or Services provided you comply with Section 2.3 below), (b) you are a person barred from receiving the Services under the applicable laws of the jurisdiction in which you are a resident or from which you use the Services, or (c) you are in a country or location to which Samsung does not provide the Services.
2.4 If you are between the ages of 13 and 18, before you use the Services, Samsung may ask you to confirm that you have obtained the permission of your parent or legal guardian, and that they have agreed to these Terms on your behalf. Even if Samsung does not do this, if you use the Services, you are representing the foregoing is true.
2.5 Services may consist of multiple Contents depending on your device type, and some functions may be specialized or separated on certain devices.

3. Service Territory
The Service is made available only in certain countries and/or territories, at Samsung’s sole discretion. If you do not reside in one of these countries or territories, you may not use the Services. Samsung may use certain technologies to verify such compliance.

4. Registration
4.1 In order to access the Services, you will need to provide certain information about yourself as part of the registration process, or as part of your continued use of the Services. You agree to provide accurate, current and complete information required to register with the Service, and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current and complete. Samsung may terminate your rights to all or part of the Service if any information you provide is false, inaccurate or incomplete.
4.2 You may be required to provide a username, using your email address and password to create your account to use the Services (“Account”). You understand that you are responsible for maintaining the confidentiality of your username and passwords. Accordingly, Samsung is not responsible for any issues arising from or relating to your Account due to your failure to protect your username and/or passwords. If you become aware of, or suspect any unauthorized use of your username, password or of your Account, you must notify us immediately through the Help menu of the Store.
4.3 You can opt for the credit card settings option when you submit your Registration Data or when you purchase a Content (by providing your credit card information at that point). Your credit card information and billing information will be stored, managed and kept by credit card companies or Samsung’s third party payment gateway provider. Their privacy policies will apply with regard to your credit card information and other personal information you submit.
4.4 You can also register as a seller using your buyer ID. Additional terms apply to seller members of the Store. Please refer to http://seller.samsungapps.com/help/termsAndConditions.as.

5. Privacy
Samsung respects your privacy. In order to make the Services available to you and process the transactions made by you, Samsung may collect certain information and personal data from you, and use such information and data in accordance with our Privacy Policy. Samsung may update the Privacy Policy, located at http://account.samsung.com/membership/terms/privacypolicy from time to time, so please periodically review the Privacy Policy.

6. Purchasing Contents
6.1 As detailed in Section 7.2 below, each third party content is licensed to you by the third party content provider through a separate agreement between you and such third party content provider. Samsung contents are licensed to you by Samsung. As part of the Service, You may have access to free or have the possibility to purchase services or content from a Content (“In-App Purchase”) or subscribe to a service (“Subscription”) or pay a licensefee to access a Content (“Paid App”). Free Content, Paid App services or content offered may or may not contain advertisement.
If payment for Subscriptions, In-App Purchase and Paid App is collected by the third party providing the content or services, the terms from that third party related to payment will apply. If such a payment is collected by Samsung, payment will be made via the current payment method provided in Your account or any other form of payment that we make available to You in the Service. If You want to change your billing information, you may do so online in “My Page” section of the Store. There may be a temporary disruption of your access to the Services until Samsung can verify the validity of the new billing account or credit card account information.

If You do not have a current payment method, You will be asked to provide billing information (e.g., name, billing address, credit card information) to be used by the third party payment processor designated by Samsung (“Payment Processor”). Samsung may change the designated Payment Processor from time to time. By providing details of a payment card or online account to be billed, You confirm that You are authorized to purchase the digital items and that You are a holder of the card or are authorized to use it. You acknowledge that You may be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies. If We are required to collect or pay any taxes in connection with Your purchase of Paid Content or In-App Purchase, such taxes will be charged to You at the time of the transaction. You are responsible for any third party fee such as internet, mobile carrier fee or other access or data fees in connection with Your use of the Service. Prices are subject to change, and the currency or price may vary depending on Your location.

For Subscriptions, You will be automatically charged each billing period (which can be weekly, monthly or annually depending on the Subscription period). From time to time, You may benefit from accessing content at no charge for a trial period. After the trial period, You will be charged the Subscription fee each billing period until You cancel Your Subscription. To avoid being charged, You must cancel before the end of the trial period. If You cancel Your trial, You will have access to the Application or content until the end of current term. You may cancel a Subscription at any time 24 hours before the end of the applicable billing period. To cancel, go to “My Page” section of the Store. The cancellation will apply to the next period. No refund will be granted for the current billing period, except as otherwise provided in Our Refund Policy as set forth below.
All sales of Paid App, Subscriptions, or In-App Purchase from the Service are final. If You encounter any technical issue accessing the content You purchased, You must submit an inquiry via http://help.content.samsung.com/ no later than 7 days after placing Your purchase. If Samsung determines that the Paid App or purchased content is defective or technical issues prevent the download of the Paid App or content, and provided You have contacted Samsung within 7 days after Your purchase, Samsung may replace the Paid App or content or issue a refund. The refund may not be granted if Samsung determines, in its sole discretion, that the request is fraudulent or abusive.

7. License of Content
7.1 The Contents made available to You through the Services are licensed, not sold, to You. Your license to each Content You obtain through the Service is subject to the applicable end user license agreement or other applicable end user terms of use. All rights not expressly granted to you are hereby reserved.
7.2 You acknowledge that your license of each third party content through the Services is governed by a separate agreement between you and the third party content provider only, and the third party content provider is solely responsible for (a) the licensed third party content, (b) the content, services, advertisements and functionalities therein, (c) any warranties provided, and (d) any claims you may have relating to or your use of such third party content. You acknowledge that Samsung is (i) acting solely as a distributor in providing the third party content to you, (ii) is not a party to such license, and (iii) is not responsible for the third party content, the content and functionalities therein, or any warranties or claims you may have relating to or your use of the third party content.
7.3 The Services makes available Contents to end user customers for non-commercial uses only. You warrant and represent that you will download the Content you purchase only to your devices for your personal use. Contents may be downloaded any number of times and to a number of your devices, but in any case no more than ten (10) that are registered to your Account, provided expressly that no more than one (1) copy is installed on a single device at any one time. You also acknowledge that: (a) Samsung may, in its sole discretion, set, reduce or change the number of your devices to which you can download the Contents; (b) some Contents, particularly Contents that you purchase inside or through an Content, paid or unpaid, do not allow downloading to multiple devices; and (c) not all of your devices, regardless of whether it is the same platform or not, may qualify for multiple downloading.
7.4 You understand that the Services and Contents include a security framework using technology that protects digital information (“Security Framework”). Your use of the Contents is limited to certain usage rules established by such Security Framework.

8. System requirements
Use of the Services requires a device which is compatible with the Services, and may require a device such as a computer, laptop, smartphone, tablet, wearable, Internet access (fees may apply), and certain software (fees may apply), including obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software and Internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may change from time to time, are solely your responsibility.

9. Proprietary rights
9.1 Samsung (and Samsung’s licensors, as applicable) owns all rights, title and interest in and to the Services, including all associated intellectual property rights, whether registered or not, and wherever in the world such rights may exist.
9.2 Nothing in these Terms gives you a right to use any of Samsung’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services or Contents.

10. Software updates and availability of Services
10.1 With the “Automatic Update” function enabled (as in the default setting in the System Update menu in the Setting), Samsung’s software that you utilize for the Services may automatically download and install updates from Samsung from time to time. These updates may improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to receive and allow Samsung to deliver such updates to you as part of your use of the Services. If you have chosen to disable the “Automatic Update” function, then you can check the availability of new Updates by clicking on the “Check Update” menu in the Setting. Given the importance of receiving Updates for security software in a timely manner to defend against new threats, however, security-related Updates may be automatically downloaded and installed without your consent, even if you have disabled the “Automatic Update” function. We recommend that you check availability of any new Updates periodically for optimal use of your device.
10.2 Samsung reserves the right, at its sole discretion, to modify the Services at any time, with or without notice to you. The Services may not be available at all times, such as during maintenance breaks. Samsung may decide, at its sole discretion, to suspend or terminate the Services (or any part thereof) at any time.

11. Termination
11.1 These Terms will continue to apply until terminated by your or by Samsung in accordance with the terms herein.
11.2 If you want to terminate your Account, please notify us through the Help menu of the Store. Samsung will terminate your Account promptly upon receipt of your notice and provided that you have settled all outstanding amounts associated with your Account. When your account is terminated, all data or other information associated with your Account may be deleted permanently. Samsung shall have no liability for such deletion resulting from your Account termination. Termination of your Account as a buyer will not affect your use of the Services as a seller.
11.3 Samsung may, at any time and for any reason, terminate your Account or your use of the Services by providing you with written notice of termination at the email address you provided in your Registration Data. You will be required to settle all outstanding amounts due associated with your Account immediately upon termination. Termination of your Account as a buyer will not affect your use of the Services as a seller.

12. Disclaimers and Limitation of Liability
12.1 Third Party Websites and Content. The Services may include links to other websites and/or content. Samsung has no control over, and no responsibility or liability for, websites and content which are not provided by Samsung.
12.2 Disclaimers. THE SERVICES AND CONTENTS ARE PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, AND TO THE EXTENT PROHIBITED BY LAW, SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE WILL (I) BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, (II) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (III) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES, INTERFERENCES, CORRUPTION OR OTHER SECURITY INSTRUCTIONS, OR (IV) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM HACKING OR OTHER UNAUTHORIZED ACCESS.
12.3 Limitation of Liability. TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY, REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL SAMSUNG’S AGGREGRATE LIABLITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE CONTENT. SAMSUNG HAS NO LIABILITY FOR ANY OF YOUR DATA THAT IS LOST OR CORRUPTED THROUGH USE OF THE SERVICES; YOU ARE RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA.

13. Indemnification
You will indemnify, release and hold harmless Samsung, its licensors, and all officers, directors, agents and employees of Samsung and its licensors, and any party acting on Samsung’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees arising out of (i) any use of the Services by you or by any person that you allow to use the Services not in accordance with these Terms, (ii) any breach of these Term by you or by any person that you allow to use the Services or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Services.

14. Copyright protection
Samsung will respond to notices of alleged copyright infringement and may terminate the accounts of alleged infringers. If you believe a third party is infringing your copyrights, please contact us through the Help menu of the Store.

15. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. As consideration for access to and use of the Services, you agree that Samsung may place advertising on the Services at its sole discretion.

16. General legal terms
16.1 These Terms and all other terms and policies referred to herein constitute the entire legal agreement between you and Samsung governing your use of the Services and supersede any prior agreements between you and Samsung relating to the Services, excluding any content, software and services which Samsung may provide to you under a separate written agreement.
16.2 You agree that Samsung may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.
16.3 You agree that if Samsung does not exercise or enforce any rights or remedy which is contained in the Terms or which Samsung has at law or in equity, such omission will not be taken to be a waiver of any or all such rights and remedies, and that those rights and remedies will remain available to Samsung.
16.4 If any court of law with competent jurisdiction rules that any provision of these Terms is invalid, such provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.5 You acknowledge and agree that each Samsung Affiliated Company shall be third party beneficiaries to the Terms and shall be entitled to directly enforce, and rely upon any provision of these Terms, which confer a benefit on or rights in favor of each Samsung Affiliated Company. Other than the foregoing, no other person or company shall be third party beneficiaries hereunder. For the purposes of herein, an “Affiliated Company” of Samsung is any company, corporation, firm, partnership or other entity that controls, is controlled by, or is under common control with Samsung; the terms “controls” and “controlled” mean the ability to direct the management of the relevant entity.
16.6 You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under these Terms. Samsung may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under these Terms, at any time.
16.7 Governing Law. These Terms, and your relationship with Samsung under these Terms, shall be governed by the laws of each country without reference to provisions on conflict of law. Notwithstanding the foregoing, Samsung has the right to seek injunctive remedies or an equivalent urgent legal relief in any jurisdiction.
16.8 Dispute Resolution. BY USING THE SERVICES, YOU UNCONDITIONALLY CONSENT AND AGREE THAT: ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) YOU MAY HAVE AGAINST ANY SAMSUNG AFFILIATED COMPANY, THE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES OF ANY SAMSUNG AFFILIATED COMPANY (“SAMSUNG ENTITY(IES)”) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SERVICES, THE TERMS, OR THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS PROVISION, WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes, and is entered pursuant to the Federal Arbitration Act. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Terms of Service. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against Samsung’s employees, representatives and affiliates if any such claim arises from your use of the Service or these Terms.
You may opt out of this dispute resolution procedure by providing notice to Samsung no later than thirty (30) calendar days from the date of your first use of the Service. To opt out, you must send notice by email to optout@sta.samsung.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out email (a) your name and address; (b) the date of your first use of the Service; (c) the model name or model number of Your Device; and (d) the IMEI or MEID or Serial Numbers, as applicable, if you have it (the IMEI or MEID or Serial Numbers can be found (i) on the Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt out by calling SAMSUNG no later than thirty (30) calendar days from the date of your first use of the Service and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the Service.







Article 1 (Purpose)

These Terms of Use are aimed at defining the rights, duties, responsibilities and other necessary issues between Samsung Electronics Co., Ltd. (hereafter referred to as “Samsung Electronics”) and the users who use all the services (hereinafter referred to as “services”) on the SMART APPLIANCE website (http://www.samsungsmartappliance.com) (hereinafter referred to as “the site”) operated by Samsung Electronics.

Article 2 (Definitions)

The terms used in the Terms of Use are defined as follows:
1. “Member” refers to somebody that provides his/her personal information to Samsung Electronics and accepts the Terms of Use when signing up with this site and using the relevant services.
2. "Withdrawal" means that a member terminates the service agreement unilaterally.

Article 3 (Effects and Revision of the Terms of Use)

① Samsung Electronics publishes these Terms of Use on the initial service screen. However, the entire contents of the Terms of Use are only displayed in a linked screen and they take effect when a user accepts these Terms of Use and signs into this site as a member.
② Samsung Electronics may revise these Terms of Use in ways that do not violate any relevant laws such as the "Enforcement Decree of the Regulation of Standardized Contracts Act", the "Act on Promotion of Information and Communication Network Utilization and information Protection, etc.".
③ If Samsung Electronics revises the Terms of Use, Samsung Electronics will post the effective date and the reason for the revision with the current Terms of Use on the initial service screen in the same way as in Clause 1, 7 days before the effective date until the day before the revised Terms of Use take effect. However, if the revision of the Terms of Use is unfavorable to member(s), they must be posted from 30 days before the effective date of the revised Terms of Use to 1 day before the effective date of the revised Terms of Use and users must be notified separately in a clear manner such as by sending them an individual email(s), etc.
④ Based on the previous clause, Samsung Electronics will post the notice and notify users clearly that the Terms of Use will be revised and that Samsung Electronics will regard the member to have accepted the revised Terms of Use in case he/she does not clearly express his/her refusal within 30 days. That is, if a member does not express his/her refusal clearly, Samsung Electronics will consider that the member has accepted the revision.
⑤ If members do not accept the revised Terms of Use, Samsung Electronics cannot apply the revised Terms of Use and members can terminate the service agreement. However, if there is any special reason that the existing Terms of Use cannot be applied, Samsung Electronics can terminate the service agreement.
⑥ If a member accepts the Terms of Use, the Terms of Use are applied to the services and will precede to any other agreements. Subject matter not specified in the Terms of Use shall be regulated in accordance with relevant laws and commercial practices.

Article 4 (Providing and Changing Services)

① The following services are provided by Samsung Electronics on this site.
1. Remote control of air conditioners.
2. Providing status information and control history of an air conditioner.
3. Other tasks designated by Samsung Electronics.
② Samsung Electronics can change services if there is an inevitable reason such as a modification to the technical specifications, etc. In this case, a description of the changed service with its effective date should be posted immediately where the current service is posted.
③ If necessary, Samsung Electronics may modify/change the air conditioner program through the internet without the additional consent of a member to automatically update the relevant service.
④ Samsung Electronics provides these services to members free of charge for 3 years from the purchase date of the product subject to these Terms and Conditions.
⑤ If the time period in the previous clause has passed, Samsung Electronics can change the free services into fee-based services. In this case, Samsung Electronics and the member should enter a new, separate agreement for the fee-based services.

Article 5 (Termination of Services, etc.)

① If maintenance, replacement or failure of computing devices and/or telecommunication equipment is required or occurrs; or a loss of communications occurs, Samsung Electronics may temporarily stop providing services.
② Unless Samsung Electronics intentionally committed an act or has acted in grossly negligent manner that resulted in the error or disruption, Samsung Electronics does not take any responsibility for the loss or damage incurred by users or third parties caused by a temporary disruption of services due to the reason in Clause 1.
③ If a service cannot be provided due to a change of business area, abandoning the business, merging with another company, etc., Samsung Electronics will notify users of this fact as designated in Article 8 and terminate part or all of the services.
④ Samsung Electronics does not take responsibility for terminating the services in the previous clause.

Article 6 (Use of Services)

① If a member wants to use the services, he/she should enter his/her personal information in the application form provided by Samsung Electronics and accept these Terms of Use.
② If the registered personal information in the previous clause has been changed, members should renew their member information immediately.
③ Even though the service is available 24 hours a day, Samsung Electronics may change the service hours if there is an unavoidable reason that requires carrying out specific work.

Article 7 (Withdrawal and Disqualification of Members, etc.)

① Members can request Samsung Electronics to terminate their membership at any time, and Samsung Electronics will process with a member’s withdrawal request immediately.
② If the following cases apply to any member, Samsung Electronics can restrict and suspend their membership.
1. If a member enters false information when registering.
2. If a member obstructs others in using services or unlawfully uses another person’s personal information.
③ If a member repeats the same behavior more than twice after Samsung Electronics has restricted/suspended his/her membership, Samsung Electronics can disqualify his/her membership.
④ If Samsung Electronics disqualifies a member, his/her member registration is canceled. In this case, the member is notified of his/her disqualification in accordance with Article 8 and given a chance to defend him or herself.

Article 8 (Notification to Members)

① In the event Samsung Electronics needs to notify members, Samsung Electronics can notify them via the email addresses they provided when registering.
② When notifying an unspecified number/class of members, Samsung Electronics can replace individual member notifications with a notice on the service bulletin board for over 1 week. However, subject matters that can significantly affect members will be notified each member individually.

Article 9 (Samsung Electronics Responsibilities)

① Samsung Electronics does not reveal or distribute personal information to others without the member’s consent. However, if a justified reason such as a request that follows the relevant laws occurs, Samsung Electronics may release the information.
② If a member raises any objections or request verification in relation to the use of services, Samsung Electronics will respond immediately.

Article 10 (Member Responsibilities)

① Members should comply with these Term of Use and related laws and not take any actions that may result in service hinderance.
② Members may not copy, reproduce, modify, transmit, publish, distribute, broadcast, translate and use any information arising from using the services, in any way, or provide it to others without the prior approval of Samsung Electronics.
③ Members must not commit any actions that conform to one of actions below. If members commit any of the following actions, Samsung Electronics may restrict/terminate/revoke their membership.
1. Commission of a crime or instigate/abet a crime.
2. Commission of treason.
3. Hinderance of good public customs and other social mores.
4. Action that disadvantages others such as harming their honor, interrupting their work, etc.
5. Action that causes telecommunication facilities to malfunction or information to be destroyed by circulating hacking programs, computer viruses, etc.
6. Infringement on another’s or a third party’s rights such as intellectual property rights.
7. Transmission of advertising or marketing information against the recipient’s wishes; or act to interrupt the stable operation of services by transferring a large amount of data, registering many posts, or committing any misdeeds against the desirable use of the service.
8. Commission of a misdeed which is banned by the relevant laws or these Term of Use or against good public customs or social mores.

Article 11 (Responsibilities of Member regarding ID and Password)

① Members are responsible for managing their own ID and password.
② Members shall not allow others to use their ID and password.
③ If a member learns that his/her ID and password have been stolen or are being used by another person, he/she must notify Samsung Electronics of this and follow any instructions received from Samsung Electronics.
④ Members must change their password every 90 days. If a member does not log in for more than 90 days, the account is converted to idle mode. In this case, members can access the account after obtaining the approval of Samsung Electronics.

Article 12 (Samsung Electronics’ Responsibilities)

① Samsung Electronics does not take responsibility for services provided free of charge.

Unless Samsung Electronics intentionally committed an act or has acted in grossly negligent manner that resulted in the error or disruption, Samsung Electronics does not take any responsibility for the loss or damage caused by one of the following reasons:
1. Loss or damage caused by a member’s password being used by a third party due to his/her improper management or by a member’s illegal action or carelessness.
2. Loss or damage caused by a member's inaction in verifying service statement or a member violating the items of these Terms of Use.
3. Loss or damage caused by a disruption or delay to a service provided by Samsung Electronics due to a Force Majeure such as a natural disaster, government regulation, blackout, fire, communications failure, etc.
③ Samsung Electronics does not take any responsibility for the reliability, accuracy, etc. of data transmitted and provided by third party sites.

Article 13 (Protection of Information)

Samsung Electronics does its utmost to protect its user’s personal information. The protection of a user’s personal information is provided subject to the "Privacy Policy" of Samsung Electronics and relevant laws.

Article 14 (Disputes Resolution)

① Samsung Electronics processes with any complaints or comments submitted by members at the highest priority. However, if it is difficult to respond immediately in a satisfactory manner, Samsung Electronics will notify users of the reason for this and the handling schedule as soon as possible.
② If a dispute arises between Samsung Electronics and a member, both parties should settle the dispute by mutual consent. However, if they fail to reach agreement, the dispute is settled in accordance with related laws and commercial practices.

Article 15 (Governing Law)

Subject matters not otherwise specified in the Terms of Use, shall be subject to the laws of the Republic of Korea and commercial practices.

2013-09-23




PENUP SUPPLEMENTARY TERMS OF SERVICE


PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR THE PENUP SERVICE CAREFULLY BEFORE USING THE PENUP SERVICE. PENUP is a software application for Samsung mobile devices and other internet-connected devices that allows users to upload a wide variety of content (each, a “Posting”, and collectively, the “Postings”). These Supplementary Terms of Service (“TOS”) for the PENUP service govern and regulate the legal relationship between Samsung Electronics GmbH (“Samsung” or “we”) and you as user of the PENUP service. These TOS supplement the Samsung Service Terms and Conditions (“Service Terms and Conditions”) that you have already agreed to (or concurrently agree to along with these TOS) when opening a single sign on user account with Samsung (the “Samsung account”). Please read the Samsung Service Terms and Conditions that are provided through this link https://account.samsung.com/membership/terms. The Samsung Service Terms and Conditions are incorporated into these TOS by this reference and shall remain in full force and effect according to their terms. PENUP is one of the “Services” referred to in the Samsung Service Terms and Conditions and your Postings are one type of “User Content”. In the event of any conflict or inconsistency between these TOS and the Samsung Service Terms and Conditions, these TOS shall prevail, govern, and control with respect to PENUP.

1. Acceptance of these TOS
1.1 BY ACCESSING OR DOWNLOADING THE PENUP APPLICATION OR OTHERWISE USING ANY PART OF THE PENUP SERVICE, THESE TOS BECOME EFFECTIVE AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREED TO BE BOUND BY THESE TOS.
1.2 THE PENUP SERVICE IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 14. IF YOU ARE UNDER 14 YEARS OLD, YOU MAY NOT USE THE SERVICE OR PROVIDE PERSONAL DATA TO SAMSUNG. If you are under the age of 14, the acceptance of these TOS is under the condition of Samsung receiving a written document from your parent or legal guardian to confirm that you and your parent or guardian have read and understand these TOS. Otherwise, no personal data of the minors will be collected intentionally. By accepting these TOS and subscribing to the PENUP service you acknowledge that you are 18 or older. If Samsung receives information that any person under 18 is using the PENUP service, the service will be suspended and all reasonable efforts will be taken by Samsung to eliminate any information processed until such date regarding the minor.

2. Provision of the PENUP Service by Samsung
2.1 Samsung grants you a non-exclusive, non-transferable, limited, revocable licence, without right of sublicense, to access and use the PENUP service for your personal and non-commercial use only, provided that you comply fully with these PENUP TOS. All rights not expressly granted to you hereunder shall belong to Samsung.
2.2 If you fail, or Samsung suspects that you have failed to comply with any of the provisions of these PENUP TOS, then without limiting Samsung’s other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion, with notice to you may: (i) terminate your use of the PENUP service; and/or (ii) terminate the licences granted hereunder; and/or (iii) preclude access to the PENUP service.
2.3 You acknowledge and agree that the PENUP service may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.
2.4 Use of the PENUP service may require your devices to have access to or connection via a mobile network or the Internet (fees may apply) and certain software, and may require you to obtain updates or upgrades from time to time. Because use of the PENUP service involves hardware, software, and internet access, your ability to use the PENUP service may be affected by the suitability and performance of such requirements. You acknowledge and agree that such requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the PENUP service will not be available in all countries or on all devices, and the PENUP service may be subject to restrictions imposed by your network or internet provider.
2.5 Samsung’s software that you utilise for the PENUP service may automatically download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the PENUP service. Samsung shall be under no obligation to provide updates or other modifications of the PENUP service. Updates will be governed by these TOS unless separate terms and conditions are provided with such updates, in which case these separate terms and conditions shall govern the updates. While such updates are for enhancements of the PENUP service, in some circumstances some features may be discontinued. You agree that Samsung may modify or discontinue the PENUP service or its features, in whole or in part, with notice to you. Samsung reserves the right to change, modify, add, or remove portions of these TOS in its sole discretion. You will be notified of any such changes and given a reasonable time period to object to such changes. When we amend these TOS, we will revise the “last updated” date located at the bottom of these TOS. If you do not object to the change, or if you access or use the PENUP service in any way after these TOS have been changed, you will be deemed to have unconditionally consented and agreed to such changes. In cases where you object to the changes, Samsung has the right to terminate your right to use the PENUP service. Samsung will inform you of these consequences in the change notice.

3. Your Use of the PENUP Service
3.1 In order to use the PENUP service you are required to provide information about yourself by registering for a Samsung account (“Registration Data”) before you can continue to use the PENUP service. You agree to provide accurate, current, and complete Registration Data, and to update your Registration Data as required in order to keep it accurate, current, and complete. You agree that Samsung may store and use the Registration Data you provide for the purposes of providing and improving the PENUP service. If Samsung adds fee-charging features to the PENUP service, your Registration Data may include, without limitation, credit card, wireless carrier account, or PayPal or other payment processor account information.
3.2 You understand that by using the PENUP service, you may encounter Postings that may be deemed offensive, indecent, explicit, or objectionable. You agree to use the PENUP service at your sole risk and that Samsung shall have no liability to you for Postings that may be found to be offensive, indecent, explicit, objectionable, or unlawful. Samsung does not endorse or adopt any content made accessible by users or third parties which may be found unlawful.
3.3 You may not use the PENUP service for any purpose that is unlawful or prohibited by these TOS. You are specifically prohibited from using the PENUP service to post any Postings that (i) are in violation of any third party’s rights, including intellectual property rights; (ii) are abusive, harassing, hateful, racist, obscene, pornographic, threatening, defamatory, libellous, or otherwise objectionable or illegal; (iii) violate any community guidelines or content guidelines that Samsung may adopt from time to time; or (iv) contain viruses or other harmful software, code, or other means that impact or limit the PENUP service or the devices running the services. Samsung may respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. You acknowledge and agree that we may remove any content or information you post on the PENUP service which, as determined by Samsung at its sole discretion, may violate these TOS, Samsung’s content guidelines, or any laws or regulations of applicable jurisdictions. For a serious or repeated violation of a third party’s intellectual property rights, Samsung reserves the right, in its sole discretion, to terminate your right to use the PENUP service with any notice. IMPORTANT NOTE: Any user who incorporates any intellectual property or material owned by a third party into his or her Posting does so at his or her own risk. Without in any way limiting, expanding, or amending the Samsung Service Terms and Conditions, if Samsung is duly notified that any element of Posting infringes upon the rights of another person and/or receives a legally valid request to remove the affected Posting from the PENUP service because of such infringement, such Posting may be removed as Samsung may determine in its sole discretion.
3.4 You may not misrepresent yourself, your age, or your affiliation with any person or entity, impersonate any person or entity, make false or misleading statements, use the PENUP service in any manner that could damage, impair, disable, overburden, or harm the PENUP service or circumvent the intended functionality of the service, or otherwise interfere with or attempt to interfere with the operation or use of the PENUP service by others in any way, through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not collect or harvest personal information, including, but not limited to, usernames, names, and other users’ profiles while using the PENUP software and service. You will not post anyone’s personally identifiable information on the PENUP service without such person’s express prior written consent.

4. Privacy
4.1 You acknowledge and agree that you may be asked to provide Registration Data, Additional Data, and certain other personal information such as your name, profile photos, date of birth, and other personally identifiable information when you register for the PENUP service. In addition, your IP address will be provided to Samsung for the sole purposes of providing regional services or conducting statistical or demographic analysis.
4.2 The Samsung account Privacy Policy governs how Samsung uses information related to your use of the PENUP Service. The Privacy Policy is available online at https://account.samsung.com/membership/pp. Samsung may change the Privacy Policy from time to time, so you should periodically review the Privacy Policy. If Samsung changes the policy to allow use or disclosure of personal information in a way that, in Samsung’s sole determination, is materially different from that stated in the policy at the time the data was collected, you will be notified of any such changes and given a reasonable time period to object to such changes. If you do not object to the changes, or if you access or use the PENUP service in any way after receipt of such notice, you will be deemed to have unconditionally consented and agreed to such changes. In cases where you object to the changes, Samsung has the right to terminate your right to use the PENUP service. Samsung will inform you of these consequences in the change notice. The PENUP service may offer you the possibility of connecting your accounts from third-party social media sites, such as Facebook, Twitter, and Google+, with the PENUP service through an application programming interface (API) or other software. It is your choice whether or not to use any such third-party sites. We recommend you review the privacy policies of each third-party site before you share pages or information with your friends through those sites.
4.3 You agree that you do not own your PENUP username. Samsung reserves the right to reclaim your PENUP username should you discontinue your use of PENUP or any user with trademark or other legal rights demands the use of such username.
4.4 Samsung uses the following Google Analytics Advertising Features and User ID feature by Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043 USA): Demographics and Interest Reporting, Display Network Impression Reporting, and Cross Device Reporting. Samsung and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) together to report how ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to use of Samsung products, services, and visits to Samsung sites. Samsung uses Google Tag Manager to manage the cookies (and related tags, including Google Universal Analytics tag) in a single and easy way. The information we gather from these features allows us to better understand Samsung users and how they use Samsung products and services. Information collected by means of Google Analytics may be transferred to a Google server in the US and stored in accordance with applicable laws. Google Inc. has signed on the EU US Privacy Shield Agreement and thus is obliged to maintain a comparable data protection level to that provided in the EU. Your information will not be synchronised or merged with other data already collected by Google. By using the Google Ads Settings, you can opt out of Google Analytics Advertising Features. You can also opt out from any browser data being used by Google Analytics. You can also opt out from any browser data being used by Google Analytics through the mobile App and website: https://tools.google.com/dlpage/gaoptout/. For further information, Google’s privacy policy is available at: http://www.google.com/policies/privacy/. If you choose to opt out from Google Analytics you may not be able to experience our service, the mobile App, and website to the full extent. Some features might not be accessible to you.

5. Sharing Your Content
5.1 You are solely responsible for ensuring that you have all rights that are legally necessary in order to post your Postings or otherwise submit such content and information to the PENUP service. When you publish content or information using the default public setting, it means that you are allowing everyone to access, use, download, and make derivative works of that information, and to associate it with your name and profile picture. If and when different privacy settings are enabled in the PENUP service, you will be able to control how your Postings are shared through your privacy and application settings.
5.2 For content that is covered by intellectual property rights, including, without limitation, drawings, writings, photos, and pictures (collectively, “IP content”), then without limiting the rights and permissions granted to Samsung under the Samsung Service Terms and Conditions, you specifically grant Samsung a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any IP content that you post on or in connection with the PENUP service (“IP Licence”). This IP Licence does not end when you delete your IP content or your account. You specifically understand and agree that when you delete IP content, the removed IP content may persist in backup copies.
5.3 The information you post with your content such as the title, comment, or hashtag will be accessible by web search engines and may show up on their search results.

6. Fees and Advertisements
6.1 Subscription Charges. By purchasing a subscription, you warrant that you are the authorised purchaser and that the billing information provided is accurate. Samsung will not issue refunds based upon inaccuracies represented by you or a third party (your parent or guardian), even in circumstances where the inaccuracies are clearly recognisable as such. By approving the purchase of the right to use the content or services, you authorise Samsung or its partners and affiliates to charge you for the purchase (including taxes and other applicable fees), and you expressly agree that Samsung may charge such purchase prices to your credit card, wireless carrier account, or other payment processor as applicable as they are incurred. You are responsible for the timely payment of all fees and costs, and for providing Samsung with valid payment account details for payment of all fees and costs. All charges will be billed to the account you designate during the registration process. If you want to designate a different account or if there is a change in your account status, you must accurately update your payment account information. Samsung shall inform you of any change to prices 1 (one) month prior to being implemented. Should you not agree to the price change, you can cancel the PENUP service. If you do not object to the changes, or if you access or use the PENUP service in any way after receipt of such notice, you will be deemed to have unconditionally consented and agreed to such changes.
6.2 Automatic Renewal. Subscriptions are automatically renewed at the end of each subscription term. Such renewal will be for a monthly subscription term. You may cancel the auto renewal option at any point, which means your subscription will not renew at the end of the then current term. If your subscription is cancelled and you decide to re-subscribe, you will be charged at the then current subscription rate.
6.3 Trial Period. From time to time, Samsung may offer promotional periods. Any trial promotion must be used within the specified time of the trial. If you cancel a subscription during the corresponding trial period, you will not be charged. After the trial period, you shall be notified of the expiration of such trial period, and should you opt-in to continue using the PENUP service, a subscription fee (if any) will be charged. Samsung reserves the right to prohibit the combination of trials, promotions, and other offers. If you are a consumer, your statutory right of revocation within 14 days remains unaffected.
6.4 Samsung reserves the right to add fee-charging features and functionalities in the future. Samsung also reserves the right to display advertisements in connection with your Postings or the provision of the PENUP service.

7. Disclaimer of Warranties and Limitation on Liability
TO THE EXTENT PERMITTED BY LAW, THE PENUP SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES AND LIMITATIONS ON LIABILITY SET FORTH IN THE SAMSUNG SERVICE TERMS AND CONDITIONS SHALL BE FULLY APPLICABLE TO THE PENUP SERVICE. TO THE EXTENT PERMITTED BY LAW, SAMSUNG MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE PENUP SERVICE. SAMSUNG DOES NOT TAKE ANY RESPONSIBILITY FOR LOSS OR INACCESSIBILITY OF CONTENT. IT IS YOUR SOLE RESPONSIBILITY TO BACK UP YOUR CONTENT.

8. Notice and take down procedure
THE FOLLOWING PROVISIONS APPLY TO BOTH USERS AND NON-USERS OF THE PENUP SERVICE
If you believe that any content provided by users to the PENUP service infringes your intellectual property rights, you can notify us by emailing penup.voc@samsung.com. You must provide us with: (a) details of the image or other materials which you believe infringe your rights; (b) full details of your relevant intellectual property rights; (c) your contact details which will allow us to identify and contact you; (d) a statement by you which confirms that you have the right to ask us to remove the relevant content and that the information you have provided is accurate. If you provide us with this information and any other information we reasonably request, we expect to take action to remove the allegedly infringing content within 72 hours of receipt of your email.






Promotional Gifts Terms and Conditions

The following terms and conditions (“Agreement”) apply to all Promotional Gifts (“Promotional Gift(s)” issued by Samsung Telecommunications America, LLC (“Samsung”)). Please read them carefully. In this Agreement “you” and ”your” mean the person or persons who have received the Promotional Gift and are authorized to use the Promotional Gift as provided for in this Agreement. By accepting, retaining or using a Promotional Gift, you consent to this Agreement. This Agreement incorporates the Samsung Account Terms and Conditions located at https://account.samsung.com/membership/terms (“Samsung Account Terms”), that you have already agreed to for your single sign-on user account with Samsung. If there is any conflict between this Agreement and the Samsung Account Terms and Conditions, this Agreement will prevail as specifically related to the Promotional Gifts, but only to the extent of actual conflict. Your use of the applicable service in connection with the Promotional Gifts is subject to Samsung’s privacy policy, located at http://www.samsung.com/us/common/privacy.html (“Privacy Policy”), which is hereby incorporated by this reference.
Samsung may modify this Agreement from time to time. If you continue to use the Promotional Gifts after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes. The Promotional Gift and associated offers are void where prohibited by law.

1. Promotional Gifts
• Promotional Gifts are promotional giveaways offered by Samsung to consumers for customer loyalty and any other promotional related purposes such as marketing or rewards
• Promotional Gift may only be applied towards the purchase of eligible Samsung content and/or services as applicable (“Content”) during the period of time specified in the applicable offer, or through the applicable expiry date (to the extent permitted by applicable law).

2. Conditions of Use/Restrictions
• A Samsung Account is required to redeem Promotional Gifts, To open a Samsung Account please click the following Samsung Account URL https://us.account.samsung.com/account/check.do.
• Up to three (3) Promotional Gifts may be applied towards a single purchase.
• Promotional Gifts are non-transferable; they may not be sold or given away and are not redeemable for cash.
• Use of the Promotional Gift is limited to the amount of funds associated with the Promotional Gift A Promotional Gift and a credit card may be combined towards the purchase of Content, only if and to the extent that the Promotional Gift does not cover the applicable purchase price.

3. Available Service
• Promotional Gifts may be used towards the purchase of eligible items on Samsung Galaxy Apps (v4.01.015.0 and after) and on the Papergarden Service only.
• All Promotional Gifts are void where prohibited by law.

4. Expiration Dates
• Expired Promotional Gifts will not be honored, except to the extent required by applicable law.

5. Redemption Procedures
1) Promotional Gift (Non-Auto Registration)
• Registration:
① Galaxy Apps : At Menu > Payment Methods > Promotional Gifts and Vouchers, please tap ‘Register’ button.
Papergarden : At Settings > Payment Methods > Promotional Gifts and Vouchers, please tap ‘Register’ button.
② At Content Purchase > Promotional Gifts and Vouchers > Add Promotional Gift or Voucher, please tap “Register” button.
• Usage: You can use Promotional Gifts at Purchase > Promotional Gift and Vouchers > Promotional Gifts.
• View: You can see your Promotional Gift(s) at Menu (> Payment Methods > Promotional Gifts and Vouchers > Promotional Gifts.

2) Promotional Gift (Auto Registration)
• Registration: A Promotional Gift may be registered to your Samsung Account automatically.
• Usage: You can redeem your Promotional Gift at Purchase > Promotional Gifts and Vouchers > Promotional Gifts.
• View: You can see your Promotional Gift at Menu > Payment Methods > Promotional Gifts and Vouchers > Promotional Gifts.

6. Promotional Gifts and Samsung Accounts
• Each Promotional Gift is associated with a individual Samsung Account.

7. Compensation Policy
• A Promotional Gift has no cash value. A Promotional Gift “balance” is not refundable or transferable.
• If you cancel an order for reasons attributable to Samsung – to which a Promotional Gift has been applied -- you will be eligible for a new Promotional Gift of equivalent value.
• If you terminate or close your Samsung Account, all Promotional Gifts issued under that Samsung Account will be extinguished, and remaining balances, if any, will not be reissued or restored.

8. Termination & Modification
• Samsung reserves the right to cancel or modify Promotional Gifts in its sole discretion. In the event of such a cancellation or modification, Samsung will endeavor, but is not obligated to provide you with advance notice.

9. Limitation of Liability & Warranty Disclaimer.
• All claims arising in connection with a Promotional Gift are subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms contained in the Samsung Account. See further information at https://account.samsung.com/membership/terms.
• Promotional Gifts cannot be replaced if they are lost, stolen, destroyed or used without permission.
• Samsung reserves all rights in and to all intellectual property rights inherent to or associated with a Promotional Gift.
• All Promotional Gifts must be used in compliance with this Agreement and all applicable laws and regulations. SAMSUNG DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR CLAIMS, LOSS, OR DAMAGES ARISING OUT OF VIOLATION OF THIS AGREEMENT AND ALL APPLICABLE LAWS.
SAMSUNG FURTHER DISCLAIMS ALL RESPONSIBILITY FOR ALL DAMAGES, LOSSES, OR CLAIMS ARISING OUT OF THE PURCHASE TOWARDS WHICH A PROMOTIONAL GIFT IS APPLIED.

10. Dispute Resolution
All disputes with Samsung arising in any way from the retention or use Promotional Gifts shall be resolved exclusively through final and binding arbitration, and not by a court or jury. See more detail about arbitration to resolve disputes involving Promotional Gifts at https://account.samsung.com/membership/terms.





< Samsung Galaxy Store Terms and Conditions for User >


PLEASE READ THESE TERMS AND CONDITIONS FOR SAMSUNG GALAXY STORE (“Terms”) CAREFULLY BEFORE USING THE SAMSUNG GALAXY STORE BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG, INCLUDING ARBITRATION AND OPT-OUT PROVISIONS, SET OUT AT SECTION 16.8 (“DISPUTE RESOLUTION”), BELOW. If You are an individual, “You” means Yourself and anyone who works with or assists You. If You work for, or own, an entity, “You” means the entity, which You agree You are authorized to represent, as well as all other persons who own, or are employed by, or perform work for, that entity. “Your” means things that belong to or are associated with You. "We," “Us” or "Samsung" means Samsung Electronics Co., Ltd. and its subsidiaries, and affiliates which has its primary business location at Samsung Electronics Co., Ltd. 129, Samsung-Ro, Yeongtong-Gu, Suwon-Si, Gyeonggi-Do, 16677, Korea. These Terms also include other Samsung entities which own or control Samsung, or are also owned or controlled by Samsung’s owner, or in which Samsung has an ownership interest which exceeds fifty percent or which enables it to direct the management of the entity. Where this definition applies to any obligation You have to protect, pay or reimburse Samsung for any damages or losses, the term “Samsung” shall also include its limited liability company members, any of its affiliates and their `subsidiaries, and its and their directors, officers, managers, employees, shareholders, agents, and licensors. “Our” means things that belong to or are associated with Samsung. “Service” or “Services” means, both individually and collectively, Samsung Galaxy Store (“Store”), and any application, software, services, websites, and other related services provided by us or any third party designated by us.
1. Your use of Samsung Services (excluding any application, software or services provided to you by Samsung under a separate written agreement) is subject to these Terms. You may contact us through the Help menu of the Store. By using the Service, you can purchase, access and download the content and software applications available in the Store (“Content(s)”), including updates, either at no charge or for the price indicated. Contents available in the Store may be provided by third parties or Samsung. If you purchase a third party Content, you will enter into a contract directly with the third party Content provider, not Samsung.

2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. If you do not accept the Terms, you may not use the Services; accordingly your use of the Service constitutes acceptance of these Terms.
2.2 Samsung may modify these Terms from time to time. If you continue to use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
2.3 You may not use the Services or provide us with personal information if: (a) you are under the age of 18; however, if you are between 13 and 18 and you have obtained the permission from your parent or legal guardian for your use of the Services, and your parent or legal guardian agrees to these Terms on your behalf, you may use the Store or Services provided you comply with Section 2.3 below), (b) you are a person barred from receiving the Services under the applicable laws of the jurisdiction in which you are a resident or from which you use the Services, or (c) you are in a country or location to which Samsung does not provide the Services.
2.4 If you are between the ages of 13 and 18, before you use the Services, Samsung may ask you to confirm that you have obtained the permission of your parent or legal guardian, and that they have agreed to these Terms on your behalf. Even if Samsung does not do this, if you use the Services, you are representing the foregoing is true.
2.5 Services may consist of multiple Contents depending on your device type, and some functions may be specialized or separated on certain devices.

3. Service Territory
The Service is made available only in certain countries and/or territories, at Samsung’s sole discretion. If you do not reside in one of these countries or territories, you may not use the Services. Samsung may use certain technologies to verify such compliance.

4. Registration
4.1 In order to access the Services, you will need to provide certain information about yourself as part of the registration process, or as part of your continued use of the Services. You agree to provide accurate, current and complete information required to register with the Service, and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current and complete. Samsung may terminate your rights to all or part of the Service if any information you provide is false, inaccurate or incomplete.
4.2 You may be required to provide a username, using your email address and password to create your account to use the Services (“Account”). You understand that you are responsible for maintaining the confidentiality of your username and passwords. Accordingly, Samsung is not responsible for any issues arising from or relating to your Account due to your failure to protect your username and/or passwords. If you become aware of, or suspect any unauthorized use of your username, password or of your Account, you must notify us immediately through the Help menu of the Store.
4.3 You can opt for the credit card settings option when you submit your Registration Data or when you purchase a Content (by providing your credit card information at that point). Your credit card information and billing information will be stored, managed and kept by credit card companies or Samsung’s third party payment gateway provider. Their privacy policies will apply with regard to your credit card information and other personal information you submit.
4.4 You can also register as a seller using your buyer ID. Additional terms apply to seller members of the Store. Please refer to http://seller.samsungapps.com/help/termsAndConditions.as.

5. Privacy
Samsung respects your privacy. In order to make the Services available to you and process the transactions made by you, Samsung may collect certain information and personal data from you, and use such information and data in accordance with our Privacy Policy. Samsung may update the Privacy Policy, located at http://account.samsung.com/membership/terms/privacypolicy from time to time, so please periodically review the Privacy Policy.

6. Purchasing Contents
6.1 As detailed in Section 7.2 below, each third party content is licensed to you by the third party content provider through a separate agreement between you and such third party content provider. Samsung contents are licensed to you by Samsung. As part of the Service, You may have access to free or have the possibility to purchase services or content from a Content (“In-App Purchase”) or subscribe to a service (“Subscription”) or pay a licensefee to access a Content (“Paid App”). Free Content, Paid App services or content offered may or may not contain advertisement.
If payment for Subscriptions, In-App Purchase and Paid App is collected by the third party providing the content or services, the terms from that third party related to payment will apply. If such a payment is collected by Samsung, payment will be made via the current payment method provided in Your account or any other form of payment that we make available to You in the Service. If You want to change your billing information, you may do so online in “My Page” section of the Store. There may be a temporary disruption of your access to the Services until Samsung can verify the validity of the new billing account or credit card account information.

If You do not have a current payment method, You will be asked to provide billing information (e.g., name, billing address, credit card information) to be used by the third party payment processor designated by Samsung (“Payment Processor”). Samsung may change the designated Payment Processor from time to time. By providing details of a payment card or online account to be billed, You confirm that You are authorized to purchase the digital items and that You are a holder of the card or are authorized to use it. You acknowledge that You may be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies. If We are required to collect or pay any taxes in connection with Your purchase of Paid Content or In-App Purchase, such taxes will be charged to You at the time of the transaction. You are responsible for any third party fee such as internet, mobile carrier fee or other access or data fees in connection with Your use of the Service. Prices are subject to change, and the currency or price may vary depending on Your location.

For Subscriptions, You will be automatically charged each billing period (which can be weekly, monthly or annually depending on the Subscription period). From time to time, You may benefit from accessing content at no charge for a trial period. After the trial period, You will be charged the Subscription fee each billing period until You cancel Your Subscription. To avoid being charged, You must cancel before the end of the trial period. If You cancel Your trial, You will have access to the Application or content until the end of current term. You may cancel a Subscription at any time 24 hours before the end of the applicable billing period. To cancel, go to “My Page” section of the Store. The cancellation will apply to the next period. No refund will be granted for the current billing period, except as otherwise provided in Our Refund Policy as set forth below.
All sales of Paid App, Subscriptions, or In-App Purchase from the Service are final. If You encounter any technical issue accessing the content You purchased, You must submit an inquiry via http://help.content.samsung.com/ no later than 7 days after placing Your purchase. If Samsung determines that the Paid App or purchased content is defective or technical issues prevent the download of the Paid App or content, and provided You have contacted Samsung within 7 days after Your purchase, Samsung may replace the Paid App or content or issue a refund. The refund may not be granted if Samsung determines, in its sole discretion, that the request is fraudulent or abusive.

7. License of Content
7.1 The Contents made available to You through the Services are licensed, not sold, to You. Your license to each Content You obtain through the Service is subject to the applicable end user license agreement or other applicable end user terms of use. All rights not expressly granted to you are hereby reserved.
7.2 You acknowledge that your license of each third party content through the Services is governed by a separate agreement between you and the third party content provider only, and the third party content provider is solely responsible for (a) the licensed third party content, (b) the content, services, advertisements and functionalities therein, (c) any warranties provided, and (d) any claims you may have relating to or your use of such third party content. You acknowledge that Samsung is (i) acting solely as a distributor in providing the third party content to you, (ii) is not a party to such license, and (iii) is not responsible for the third party content, the content and functionalities therein, or any warranties or claims you may have relating to or your use of the third party content.
7.3 The Services makes available Contents to end user customers for non-commercial uses only. You warrant and represent that you will download the Content you purchase only to your devices for your personal use. Contents may be downloaded any number of times and to a number of your devices, but in any case no more than ten (10) that are registered to your Account, provided expressly that no more than one (1) copy is installed on a single device at any one time. You also acknowledge that: (a) Samsung may, in its sole discretion, set, reduce or change the number of your devices to which you can download the Contents; (b) some Contents, particularly Contents that you purchase inside or through an Content, paid or unpaid, do not allow downloading to multiple devices; and (c) not all of your devices, regardless of whether it is the same platform or not, may qualify for multiple downloading.
7.4 You understand that the Services and Contents include a security framework using technology that protects digital information (“Security Framework”). Your use of the Contents is limited to certain usage rules established by such Security Framework.

8. System requirements
Use of the Services requires a device which is compatible with the Services, and may require a device such as a computer, laptop, smartphone, tablet, wearable, Internet access (fees may apply), and certain software (fees may apply), including obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software and Internet access, your ability to use the Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may change from time to time, are solely your responsibility.

9. Proprietary rights
9.1 Samsung (and Samsung’s licensors, as applicable) owns all rights, title and interest in and to the Services, including all associated intellectual property rights, whether registered or not, and wherever in the world such rights may exist.
9.2 Nothing in these Terms gives you a right to use any of Samsung’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services or Contents.

10. Software updates and availability of Services
10.1 With the “Automatic Update” function enabled (as in the default setting in the System Update menu in the Setting), Samsung’s software that you utilize for the Services may automatically download and install updates from Samsung from time to time. These updates may improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to receive and allow Samsung to deliver such updates to you as part of your use of the Services. If you have chosen to disable the “Automatic Update” function, then you can check the availability of new Updates by clicking on the “Check Update” menu in the Setting. Given the importance of receiving Updates for security software in a timely manner to defend against new threats, however, security-related Updates may be automatically downloaded and installed without your consent, even if you have disabled the “Automatic Update” function. We recommend that you check availability of any new Updates periodically for optimal use of your device.
10.2 Samsung reserves the right, at its sole discretion, to modify the Services at any time, with or without notice to you. The Services may not be available at all times, such as during maintenance breaks. Samsung may decide, at its sole discretion, to suspend or terminate the Services (or any part thereof) at any time.

11. Termination
11.1 These Terms will continue to apply until terminated by your or by Samsung in accordance with the terms herein.
11.2 If you want to terminate your Account, please notify us through the Help menu of the Store. Samsung will terminate your Account promptly upon receipt of your notice and provided that you have settled all outstanding amounts associated with your Account. When your account is terminated, all data or other information associated with your Account may be deleted permanently. Samsung shall have no liability for such deletion resulting from your Account termination. Termination of your Account as a buyer will not affect your use of the Services as a seller.
11.3 Samsung may, at any time and for any reason, terminate your Account or your use of the Services by providing you with written notice of termination at the email address you provided in your Registration Data. You will be required to settle all outstanding amounts due associated with your Account immediately upon termination. Termination of your Account as a buyer will not affect your use of the Services as a seller.

12. Disclaimers and Limitation of Liability
12.1 Third Party Websites and Content. The Services may include links to other websites and/or content. Samsung has no control over, and no responsibility or liability for, websites and content which are not provided by Samsung.
12.2 Disclaimers. THE SERVICES AND CONTENTS ARE PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, AND TO THE EXTENT PROHIBITED BY LAW, SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE WILL (I) BE COMPATIBLE WITH YOUR HARDWARE OR SOFTWARE, (II) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (III) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS, INCLUDING BUT NOT LIMITED TO VIRUSES, INTERFERENCES, CORRUPTION OR OTHER SECURITY INSTRUCTIONS, OR (IV) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM HACKING OR OTHER UNAUTHORIZED ACCESS.
12.3 Limitation of Liability. TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY, REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIM YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY SUCH PARTY FOR ANY CLAIM. IN NO EVENT SHALL SAMSUNG’S AGGREGRATE LIABLITY TO YOU UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE OF THE APPLICABLE CONTENT. SAMSUNG HAS NO LIABILITY FOR ANY OF YOUR DATA THAT IS LOST OR CORRUPTED THROUGH USE OF THE SERVICES; YOU ARE RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR DATA.

13. Indemnification
You will indemnify, release and hold harmless Samsung, its licensors, and all officers, directors, agents and employees of Samsung and its licensors, and any party acting on Samsung’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees arising out of (i) any use of the Services by you or by any person that you allow to use the Services not in accordance with these Terms, (ii) any breach of these Term by you or by any person that you allow to use the Services or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Services.

14. Copyright protection
Samsung will respond to notices of alleged copyright infringement and may terminate the accounts of alleged infringers. If you believe a third party is infringing your copyrights, please contact us through the Help menu of the Store.

15. Advertisements
Some of the Services are supported by advertising revenue and may display advertisements and promotions. As consideration for access to and use of the Services, you agree that Samsung may place advertising on the Services at its sole discretion.

16. General legal terms
16.1 These Terms and all other terms and policies referred to herein constitute the entire legal agreement between you and Samsung governing your use of the Services and supersede any prior agreements between you and Samsung relating to the Services, excluding any content, software and services which Samsung may provide to you under a separate written agreement.
16.2 You agree that Samsung may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services.
16.3 You agree that if Samsung does not exercise or enforce any rights or remedy which is contained in the Terms or which Samsung has at law or in equity, such omission will not be taken to be a waiver of any or all such rights and remedies, and that those rights and remedies will remain available to Samsung.
16.4 If any court of law with competent jurisdiction rules that any provision of these Terms is invalid, such provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
16.5 You acknowledge and agree that each Samsung Affiliated Company shall be third party beneficiaries to the Terms and shall be entitled to directly enforce, and rely upon any provision of these Terms, which confer a benefit on or rights in favor of each Samsung Affiliated Company. Other than the foregoing, no other person or company shall be third party beneficiaries hereunder. For the purposes of herein, an “Affiliated Company” of Samsung is any company, corporation, firm, partnership or other entity that controls, is controlled by, or is under common control with Samsung; the terms “controls” and “controlled” mean the ability to direct the management of the relevant entity.
16.6 You may not transfer, assign, charge or otherwise dispose of these Terms, or any of your rights or obligations arising under these Terms. Samsung may transfer, assign, charge, sub-contract or otherwise dispose of these Terms, or any of its rights or obligations arising under these Terms, at any time.
16.7 Governing Law. These Terms, and your relationship with Samsung under these Terms, shall be governed by the laws of each country without reference to provisions on conflict of law. Notwithstanding the foregoing, Samsung has the right to seek injunctive remedies or an equivalent urgent legal relief in any jurisdiction.
16.8 Dispute Resolution. BY USING THE SERVICES, YOU UNCONDITIONALLY CONSENT AND AGREE THAT: ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) YOU MAY HAVE AGAINST ANY SAMSUNG AFFILIATED COMPANY, THE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES OF ANY SAMSUNG AFFILIATED COMPANY (“SAMSUNG ENTITY(IES)”) ARISING OUT OF, RELATING TO, OR CONNECTED IN ANY WAY WITH THE SERVICES, THE TERMS, OR THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS PROVISION, WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving service provided to any other person or entity, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes, and is entered pursuant to the Federal Arbitration Act. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Terms of Service. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. This arbitration provision also applies to claims against Samsung’s employees, representatives and affiliates if any such claim arises from your use of the Service or these Terms.
You may opt out of this dispute resolution procedure by providing notice to Samsung no later than thirty (30) calendar days from the date of your first use of the Service. To opt out, you must send notice by email to optout@sta.samsung.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out email (a) your name and address; (b) the date of your first use of the Service; (c) the model name or model number of Your Device; and (d) the IMEI or MEID or Serial Numbers, as applicable, if you have it (the IMEI or MEID or Serial Numbers can be found (i) on the Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt out by calling SAMSUNG no later than thirty (30) calendar days from the date of your first use of the Service and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect your use of the Service.









Samsung Pay Supplementary Terms of Service
Last Revised: Sep 24, 2019
1. Background
1.1 Supplementary ToS. Please read these supplementary terms of service (“ToS”) carefully before accessing or using Samsung Pay because it constitutes a binding legal agreement between you (“You”, “Your” or “User”) and Samsung Electronics America, Inc. (“Samsung”, “we”, “us” or “our”). By installing or using Samsung Pay, You agree to be bound by the ToS. If you do not agree to the ToS, you may not use Samsung Pay. The ToS may be modified by Samsung from time to time. If we modify the ToS, we will update the “Last Revised” date listed above and provide notice if required by applicable law. If you continue to access or use Samsung Pay after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes to the TOS.
1.2 Incorporation of other Terms and Conditions. The ToS supplements the Samsung Service Terms and Conditions (“Service Terms and Conditions”) available at https://account.samsung.com/membership/terms that apply to registered User accounts with Samsung (the “Samsung Account”). You must have a Samsung Account to use Samsung Pay. The Service Terms and Conditions form an integral part of these ToS. In case of any inconsistency or conflict between the ToS and the Service Terms and Conditions, the terms of these ToS shall prevail. Samsung may assign the ToS at any time.
1.3 Privacy Notice. Your use of Samsung Pay is subject to the Samsung Pay Privacy Notice, located at: https://image-us.samsung.com/SamsungUS/home/support/samsung_pay/Samsung_Pay_Privacy_Notice.pdf and the Samsung Account Privacy Policy, located at: https://account.samsung.com/membership/pp. The Samsung Pay Privacy Notice and the Samsung Account Privacy Policy are both hereby incorporated by reference. The Samsung Pay Privacy Notice and the Samsung Account Privacy Policy explain how Samsung collects, protects, uses and shares Your personal information in connection with Samsung Pay and your Samsung Account, respectively.
2. Samsung Pay Features & Functionality

2.1 Payment Cards.
a. Samsung Pay enables Users to store and use credentials that represent credit, debit, prepaid and gift cards (each, a “Card”) as authorized by the issuer of such Card (a “Card Issuer”). Samsung Pay may be used at participating merchant locations using an eligible Samsung mobile device or accessory or on-line via applications, websites, browsers, interfaces and integrations with third party digital wallets. Your Card Issuer, as well as Samsung, each reserves the right to exclude certain Cards from participating in Samsung Pay or to terminate their participation. Eligible Cards may also vary based on Your location and may change from time to time. The availability of Samsung Pay and its features may vary based on Your location, merchant or provider participation, device model or Card. In some instances, Cards used to make purchases from other Samsung applications, websites, browsers, and interfaces will be stored within Samsung Pay to facilitate Your future checkout experiences.
b. Samsung Pay facilitates issuance of a general purpose reloadable prepaid Card (“GPR Card”) by a Card Issuer. Your eligibility for, and use of, the GPR Card is subject to the Card Issuer’s terms and conditions. Samsung reserves the right to terminate this feature or change GPR Card Issuers at any time. In the event of a change of GPR Card Issuers, Your data may be ported to the new provider for continuity purposes. For the avoidance of doubt, Samsung:
i. is not the GPR Card Issuer;
ii. is not a bank;
iii. is not a money service business;
iv. does not determine your eligibility for a GPR Card;
v. does not hold, have access to or guarantee money deposited to Your GPR Card; and
vi. is not liable for any errors or omission arising from, or related to, the GPR Card or Card Issuer.
2.2. Gift Card Catalog. Samsung makes certain gift Cards (“Gift Cards”) available for purchase through the Samsung Pay Gift Card catalog (“Gift Card Catalog”). Daily purchase limits apply. All sales of Gift Cards through the Gift Card Catalog are final. Samsung Pay does not offer replacements, refunds or exchanges for Gift Cards purchased through the Gift Card Catalog. You agree to look solely to the Gift Card Issuer (and not Samsung) with respect to any requested refunds, exchanges, replacements or other concerns. We do not assume any liability for Gift Cards and are not responsible for Gift Cards that expire or cannot be redeemed for any reasons, including Gift Card Issuers that cease operations. If You encounter difficulty in purchasing a Gift Card through the Gift Card Catalog or in setting up a Gift Card for use within Samsung Pay once purchased, please contact Samsung Customer Support for support. You may also load certain physical Gift Cards for use with Samsung Pay by entering the Card number and any applicable codes. Gift Cards provisioned within Samsung Pay remain subject to the terms and conditions established by the Card Issuer and these ToS. Gift Cards added to Your device may be stored by Samsung allowing for portability to other Samsung devices.
2.3. Deals and Offers.
(a) Samsung Pay enables Users to store and access offers, coupons, deals, discounts and vouchers (“Deals”). Types of Deals will vary, quantities are limited, expiration dates will apply and are subject to participation by Deal providers. You agree to receive notices about nearby Deals to Your eligible device or accessory based on the proximity of Your device to a participating store or business. You agree to comply with any additional terms and conditions established by the Deal provider, as applicable, including, without limitation, redemption limits, resale and redistribution restrictions, and expiration dates. One-time Deals may only be used one time and may not be shared. You agree not to engage in any practices that interfere or circumvent any redemption tracking methods.
(b) You agree to look solely to the Deal provider (and not Samsung) to resolve any and all questions or concerns relating to a Deal, including, without limitation Deal redemption, product safety or product liability. Samsung is neither responsible nor liable for Deal content, including errors or omissions relating to the Deal or for product safety or liability. You agree that we are not agents of any Deal provider and that Deal providers operate independently and are not under our control. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such Deal.
2.4 Promotions. Promotions such as discounts and referral codes (“Promotion(s)”) offered by Samsung or its partners are subject to the applicable terms and conditions. Quantities may be limited or substituted in Samsung’s sole discretion.
2.5 Membership Programs. Samsung Pay provides access to certain third party loyalty or membership Cards and similar programs (“Membership Program(s)”). You agree to comply with any additional terms and conditions established by the Membership Program provider. Membership Cards may be accessed or used in Samsung Pay with or without biometric authentication or PIN verification. Membership Cards added to Your device may be stored by Samsung allowing for portability to other Samsung devices. Samsung is not liable for any errors or omissions contained within any Membership Program. You agree to look solely to the Membership Program provider to resolve any questions or disputes relating to a Membership Program.
2.6 Points Rewards Programs.
(a) Samsung Rewards. You may be eligible to participate in the Samsung loyalty rewards program (“Points Rewards Program”) to earn points by making purchases using Samsung Pay, specified use of other Samsung mobile applications and making qualified purchases of certain Samsung products. Your participation in the Point Rewards Program is subject to the following additional terms and conditions: http://www.samsung.com/us/samsung-pay/rewards/terms-and-conditions. The Points Rewards Program may not be available everywhere Samsung Pay is available.
(b) 3rd Party Point Programs. You may also be eligible to purchase items using Samsung Pay with points associated with your Card. Such third party points programs are managed by, and subject to, Your agreement with Your Card issuer(s). If successfully processed, points will be deducted from Your Card account and applied as a statement credit. If not successfully processed, Your Card will be charged the full amount of the transaction. Samsung is not responsible for any errors or failure of points to be processed or applied to Your purchase. You agree to look solely to Your Card issuer (and not Samsung) to resolve any issues regarding point redemption.
2.7 Global Remittance. Samsung supports a global remittance service offered by a third party service provider that facilitates P2P money transfer (the “Remittance Provider”). Your eligibility for, and use of, the service is subject to the Remittance Provider’s terms and conditions. Samsung reserves the right to terminate the remittance service or change Remittance Providers at any time. In the event of a change of Remittance Providers, Your data may be ported to the new provider for continuity purposes. For the avoidance of doubt, Samsung:
i. is not the Remittance Provider;
ii. is not a money service business;
iii. is not a bank;
iv. does not determine your eligibility for the remittance service;
v. does not hold, have access to or guarantee money transferred via the service; and
vi. is not liable for any errors or omission arising from, or related to, the remittance service or Remittance Provider.

2.8 Cash Back Loyalty Awards Program. Samsung offers a Cash Back Loyalty Awards Program (“Awards Program”) to allow Users to earn a percentage back of their purchase amount on certain purchases completed through the websites, applications, and other related properties of participating merchants and other third parties (“Awards”). The participating merchants and other third parties are collectively referred to as “Merchants” and the websites, applications and other related properties of such Merchants are referred to as “Third Party Sites”. Participation in the Awards Program and the opportunity to earn Awards are offered at the sole discretion of Samsung and subject to Your compliance with these terms and conditions. Samsung reserves the right to change, upgrade, or discontinue the Awards Program, any feature of the Awards Program, or the participation of any Merchant or Third Party Site, at any time, with or without notice. All rights not expressly granted under these terms and conditions are reserved by Samsung or its licensors.
(a) Qualifying Purchases; Exclusions
(i) Qualifying Purchases: Available offers are presented in the Samsung Pay application. In order to earn an Award, You must: (A) click on a Merchant link within the Samsung Pay application or Samsung browser which link redirects you to a Third Party Site, and (B) complete a qualifying purchase transaction after clicking on the Merchant link (“Qualifying Purchase”). NOTE: Merchants have different rules regarding how long the offer will be available after first visiting their Third Party Site. If You disable “cookies” on Your device used to make a Qualifying Purchase, You may not be credited for your Qualifying Purchase because cookies are used to authenticate Users and verify eligibility.
(ii) Samsung Browser: Samsung may also make available a browser extension to enhance Your shopping experience (“Samsung Browser Extension”). Additional terms may apply to any such Samsung Browser Extension.
(iii) Exclusions. Awards are earned on Your net purchase amount for a Qualifying Purchase, which excludes taxes, fees, discounts or credits, shipping, returns or cancellations, extended warranties and any other fees imposed by the Merchant. Purchases of Gift Cards do not qualify under the Awards Program. The amount of an Award for a Qualifying Purchase will be calculated as a percentage of your net purchase amount. Amounts vary by Merchant and product category and may contain exclusions in the terms of the offer and/or on the applicable Third Party Site. The terms of a particular offer will be displayed to You within the Samsung Pay application or Samsung browser prior to you selecting the Merchant link. The maximum amount of an Award that you may earn for any individual Qualifying Purchase is $100.
(iv) Fraudulent Activity: We reserve the right to investigate any purchase transaction (including a Qualifying Purchase) that we believe, in our sole discretion, is abusing or has abused the Awards Program. We reserve the right to rescind Awards to of any User that we believe, in our sole discretion, is abusing or has abused the Awards Program, including, without limitation, by engaging in a pattern of returning products after the applicable Return Period (as defined below) for a Qualifying Purchase that has been credited to such User. Any failure to comply with these terms and conditions, any fraud or abuse relating to the accrual or receipt of an Award, or any misrepresentation of any information furnished to Samsung by You or anyone acting on Your behalf may result in the termination of Your participation in the Awards Program and forfeiture of any Awards (whether pending or accrued). If Samsung has any reason to suspect fraudulent activity is associated with an Award grant, Samsung reserves the right to delay or withhold the ability to redeem Awards. Any suspected or actual cases of fraudulent activity will be escalated and reviewed in accordance with our fraud policy.
(b) MAXIMUM PER TRANSACTION VALUE. THE MAXIMUM AMOUNT OF AN AWARD THAT YOU MAY EARN FOR ANY INDIVIDUAL QUALIFYING PURCHASE IS $100.
(c) Accrual and Expiration
(i) Accrual. Awards credited for Qualifying Purchases will be held in a pending state and do not accrue until expiration of the applicable return period for the product or service You purchased via a Third Party Site (the “Return Period”). During the applicable Return Period, such amounts will be designated as “pending.” Upon expiration of the Return Period, Samsung will update Your Awards balance to indicate that the relevant Award that has “accrued” is available for You to redeem. The applicable Return Period is set by the relevant Merchant and, therefore, accrual dates vary depending on the Merchant’s policies and reporting schedules.
(ii) OWNERSHIP OF AWARDS. ALL RIGHT, TITLE AND INTEREST IN ALL PENDING AWARDS (REMAIN VESTED WITH SAMSUNG DURING THE APPLICABLE RETURN PERIOD.
(iii) Awards Adjustments. In our sole discretion, we may deduct pending Awards in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. For instance, if You return or cancel all or a portion of Your Qualifying Purchase to the Merchant during the Return Period, Samsung will receive a notification and will adjust Your pending Award accordingly. Alternatively, if You return or cancel the entirety of Your Qualifying Purchase during the Return Period, Samsung will deduct the entirety of Your pending Award for such Qualifying Purchase. Any such adjustments will be made in accordance with these terms and conditions, any applicable Samsung policies and terms, the terms of any Third Party Site offers, and any and all applicable laws, rules, and regulations. The determination of whether a purchase made through a Third Party Site qualifies for Awards (i.e., whether such purchase is a Qualifying Purchase) is at the discretion of Samsung and the Merchant. If a Merchant fails to report a Qualifying Purchase to Samsung or fails to make payment to Samsung for any reason, Samsung reserves the right to cancel the Award associated with that Qualifying Purchase. It is Your responsibility to check Your Awards balance regularly to ensure that Awards have been properly credited and that Your Awards balance is accurate. If You believe that Awards have not been correctly credited, You must contact Samsung customer service within ninety (90) days of the Qualifying Purchase. Should You disagree with any adjustments made to Your Awards balance or Awards made available to You, Your sole remedy is to not participate in the Awards Program.
(d) Redemption.
(i) Redemption. Once Your Awards have accrued (i.e., after the Return Period has expired), You may redeem Your Award by instructing Samsung to transfer Your Award balance to an available redemption method (“Redemption Method”). Redemption Methods will vary and are subject to additional terms and conditions. For example, accrued Awards transferred to a gift card or an eligible prepaid card may be subject to additional terms and conditions of the gift or prepaid Card Issuer, including inactivity fees and forfeiture in the event of an expiration event. Samsung is not the provider or issuer of the available Redemption Methods and is not responsible for Awards once such amounts have been transferred to a Redemption Method.
(ii) IMPORTANT NOTICE ABOUT REDEMPTION OF AWARDS TO SAMSUNG REWARDS PROMOTIONAL VISA CARD (“REWARDS CARD”).
THE ONLY AVAILABLE REDEMPTION METHOD AT PROGRAM LAUNCH IS THE REWARDS CARD. ADDITIONAL TERMS, AND CONDITIONS APPLY TO THE REWARDS CARD, INCLUDING EXPIRATION DATES. THE REWARD CARD, THE AWARDS REDEEMED TO THE REWARD CARD, AND ANY VALUE ASSOCIATED WITH EITHER, EXPIRES AND IS NO LONGER AVAILABLE TO YOU ON THE REWARD CARD “VALID THRU” DATE. REWARDS REDEEMED TO AN EXISTING REWARDS CARD ALSO EXPIRE ON THE “VALID THRU” DATE.
(iii) Minimum Balance. A minimum accrued Award of $5 is required before a User can transfer the Award to an available Redemption Method.
(iv) Not Redeemable for Physical Currency. Despite the use of phrases that may be used such as “Cash” or “Cash Out,” accrued Awards are not available as physical currency. For example, You cannot withdraw Awards from an automated teller machine.
(e) Third Party Site Awards Program Restrictions. You agree that You will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Third Party Sites; (ii) introduce into the Third Party Sites any code intended to disrupt the Awards Program; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Third Party Sites (collectively, “Content”); (iv) access the Awards Program or the Third Party Sites by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Samsung; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code relating to the Awards Program for any reason; (vii) rent, sell or sublicense any of the Third Party Sites; (viii) provide any unauthorized third party with access to the Awards Program; (ix) access confidential Content through the Third Party Sites; (x) interfere with the operation of the Awards Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Third Party Sites or within the Awards Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with Your use of the Awards Program or the Third Party Sites; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Awards Program.
(f) Merchant Policies. A product or service purchased from any Merchant through the Awards Program is governed by and subject to the applicable Merchant’s policies, including applicable exchange and shipping policies. For the avoidance of doubt, Samsung is not the merchant of record for Your Qualifying Purchase and does not have any liability with respect to any products or services purchased from Merchants participating in the Awards Program. You agree that we are not agents of any Merchant and that the Merchants that participate in the Awards Program operate independently and are not under our control with respect to the Awards Program or otherwise. Accordingly, Your participation in offers or promotions of, or correspondence with, any Merchant is solely between You and that Merchant. Samsung does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the redemption, withdrawal or modification of any such offer or promotion. Samsung is not responsible for changes to, or discontinuance of, any Third Party Site, or for any Merchant’s withdrawal from the Awards Program, or for any effect on accrual of amounts caused by such changes, discontinuance, or withdrawal.

3. Notifications; In-App Messaging
You agree that Samsung may send You notices, disclosures and other communications to Your device via SMS, in-app messaging email and direct mail. Notices may include information about Samsung Pay services, Deals, Promotions, Points Rewards, Samsung Pay merchant acceptance, service enhancements, updates and other information. You agree that certain notices may be based on Your location relevant to stores or businesses. You can choose to modify these notification settings within Samsung Pay by clicking on Settings and then Notifications. You hereby consent to receive such notices from Samsung.
4. Your Acceptance of these ToS
4.1 The ToS only govern the relationship between Samsung and You related to Your use of Samsung Pay. Other than as specifically set forth herein, Samsung neither conducts nor has control over any commercial activities in connection with Your use of Samsung Pay, including, without limitation, credit assessment, card issuance, payment processing, chargebacks, purchases, returns, refunds, merchant offers, deals, rewards, awards or membership terms. Samsung does not have any control over Your Card Issuer’s cardholder authentication activities. You agree that Samsung is not responsible for any of these activities nor for Your relationship with any Card Issuer or merchant in connection therewith. You agree that Your use of Cards on Samsung Pay will remain subject to the terms of any cardholder agreement(s) You may have with the relevant Card Issuer, and neither these ToS nor Your use of Samsung Pay shall alter Your existing relationship with Card Issuers with respect to Your Cards.

4.2 You agree that You will use Samsung Pay in accordance with applicable law and will not use Samsung Pay for any illegal or fraudulent purposes, or purposes that are prohibited by the Service Terms and Conditions or these ToS. SAMSUNG PAY MAY NOT BE USED BY ANY PERSON OTHER THAN THE CARDHOLDER AUTHORIZED TO USE THE CARD PURSUANT TO THE CARDHOLDER AGREEMENT BETWEEN YOU AND THE CARD ISSUER THAT ISSUED YOUR CARD. Persons under the age of majority in their resident jurisdictions (each, a "Minor") may not use Samsung Pay unless their parent or legal guardian has reviewed and agreed to these ToS. If You are a parent or guardian permitting a Minor to use Samsung Pay, You agree to: (i) exercise supervision over the Minor's use of Samsung Pay; (ii) assume all risks associated with the Minor’s use of Samsung Pay, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the Minor’s use of Samsung Pay, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor. UNDER NO CIRCUMSTANCES MAY MINORS UNDER THE AGE OF 13 (THIRTEEN) USE SAMSUNG PAY.
4.3 From time to time Samsung may offer features or services that may be subject to additional or different terms of service. You shall not use these additional features and services unless You agree to the applicable terms. Samsung may also provide access to features or services that are identified as “beta,” “lite” or “pre-release.” You understand and agree that such services are still in development, may have bugs or errors, may be feature incomplete, may materially change prior to commercial launch, or may never be released commercially. Despite any other provisions of this ToS to the contrary, any use of or reliance on such beta features or services is done at Your own risk and is provided as is and without warranty of any kind.
4.4 Samsung Pay and its features and functions may not always be available or error-free. Samsung may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of Samsung Pay, temporarily or permanently, including the availability of any portion of Samsung Pay at any time with or without notice to You and You agree that Samsung shall not be liable to You or to any third party as a result of taking any of these actions.
5. Security

5.1 You must register either Your physiological biometric data or PIN to prevent others from accessing or using Samsung Pay on Your device. You agree to keep Your PIN confidential at all times, and to notify Samsung immediately if Your Samsung Pay application PIN is stolen, becomes known to an unauthorized third party or is otherwise compromised. In some instances, if You lose Your device, You can lock the Samsung Pay application and wipe the data off Samsung Pay via the Find My Mobile service to help prevent unauthorized use of Samsung Pay.
5.2 Use of iris scanning technology is at Your own risk. Do not: (i) stare at the iris recognition light from less than 20 cm away from Your device; (ii) use the iris recognition camera and LED with infants or children; and (iii) use iris scanning technology if You have had dizziness, seizures, loss of awareness, blackouts, or other symptoms linked to an epileptic condition, or a family history of such symptoms or conditions without first consulting Your doctor.
5.3 Use of Samsung Pay for Your wearable devices or accessories may require access to or pairing with Your mobile device, and obtaining updates or upgrades made available by Samsung from time to time. You agree that: (i) Your wearable device or accessory may access Your mobile device anytime; (ii) certain data and information that You have supplied to Samsung (including encrypted Card information), may be transferred to Your wearable device; (iii) when deleting or resetting the Samsung Pay application from Your wearable devices, certain Card information will be preserved in Your mobile device; (iv) deleting a Card from Your wearable device may not automatically delete the Card from Your Samsung Pay account; (v) it is Your sole responsibility to apply a security function (e.g., pattern lock, pin number, etc.) to Your device and (vi) Samsung is NOT liable for any losses or damages suffered by You due to Your lost, stolen or damaged device.

6. Grant of License and Restrictions

6.1 Samsung hereby grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use Samsung Pay for Your personal use only, provided that You comply fully with these ToS. You acknowledge and agree that some of the functionalities or services offered by Samsung Pay may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung.

6.2 Use of Samsung Pay requires Your device to have access to the Internet via a mobile network or Wi-Fi (fees may apply), and requires obtaining updates or upgrades from time to time. Some updates can be configured to update automatically when connected to Wi-Fi. Because use of Samsung Pay involves hardware, software, Internet access and applicable updates, Your ability to use Samsung Pay may be affected by the performance of these factors. You agree that complying with such system requirements, which may be changed from time to time, is solely Your responsibility.

6.3 You shall not interfere or attempt to interfere with the operation or use of Samsung Pay in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means. You may not use Samsung Pay for commercial purposes or for any purpose that is unlawful or prohibited by the ToS. You are specifically prohibited from using Samsung Pay in connection with any contents, services, programs or applications that: (i) are in violation of any third party’s rights, including but not limited to, intellectual property rights; or (ii) contain viruses or other harmful software, code or other malware that impact or limit the functions or services provided by Samsung Pay or the devices supporting Samsung Pay.

6.4 You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) Samsung Pay in whole or in part.

6.5 Samsung, in its sole discretion and without notice to You unless required by applicable law, may immediately (i) suspend or terminate Your use of Samsung Pay; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to Samsung Pay.
7. Third Party Services

Samsung Pay may include links to, access to or use third of party services. Such access will not be construed as an endorsement, sponsorship, or affiliation by Samsung of such third party services. Samsung exercises no control whatsoever over such other third party services, and is not responsible or liable for the availability, functioning, or quality thereof or the content, advertising, products or other materials thereon. Samsung will not be responsible or liable, directly or indirectly, for any damage or loss (including data loss) incurred or suffered by You in connection therewith. Your access and use of third party services, including information, material, products and offers therein, is solely at Your own risk. Use of third party services may require Your agreement to separate terms and conditions. Samsung reserves the right to terminate or change third party providers at any time.

8. DISCLAIMERS

8.1 DISCLAIMER OF WARRANTIES. SAMSUNG PAY IS PROVIDED “AS IS,” "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO SAMSUNG PAY AND/OR SERVICES MADE AVAILABLE VIA SAMSUNG PAY AND SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT: (I) SAMSUNG PAY WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER; (II) SAMSUNG PAY WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (III) SAMSUNG PAY WILL BE SECURE AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR ANY INFORMATION YOU PROVIDE) ANY UNAUTHORIZED ACCESS; AND (IV) DEALS, OFFERS, COUPONS, LOYALTY PROGRAMS, MEMBERSHIP PROGRAMS AND OTHER SAMSUNG PAY SERVICES WILL BE AVAILABLE, ACCURATE, OR ERROR-FREE.
8.2 DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR SAMSUNG PAY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000 (ONE THOUSAND DOLLARS).

8.3 THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

9. Governing Law

These ToS shall be governed and construed by the laws of the State of New York, without regard to its conflict or choice of law provisions. Unless otherwise provided for in the governing law, any claim or dispute arising in connection with these ToS or Your use of Samsung Pay shall be resolved as set forth in the Service Terms and Conditions, located at https://account.samsung.com/membership/terms.






Dacor iQ Kitchen Terms of Service

Welcome to Dacor iQ Kitchen.

PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR Dacor iQ Kitchen (“Dacor iQ Kitchen ToS”) CAREFULLY BEFORE USING Dacor iQ Kitchen.

Dacor iQ Kitchen (“Dacor iQ Kitchen” or “the Service”) is a mobile application and related service provided by Dacor. and its affiliates (collectively, “Dacor”, “we” or “us”) which enables users (“You”, “Your” or “Users”) to remotely connect with any of the User’s products manufactured, distributed, or sold by Dacor to which the Service is applicable (“Product”) - including, but not limited to, cooking appliances – for the purposes of (i) controlling the Product(Device control), (ii) providing a view of the User’s home in real time through the Product’s built-in camera and/or sending a smart phone push message when any movement is detected within the User’s home(Home view), or (iii) any other services related thereto. You may also be able to use the Service in respect of Products manufactured, distributed or sold by a third party (“Partner”).

This Dacor iQ Kitchen ToS governs the legal relationship between Dacor and You as related to Your use of Dacor iQ Kitchen. Your use of Dacor Smart Home is also subject to Samsung’s privacy policy, located at https://account.samsung.com/membership/pp ("Privacy Policy"), which is hereby incorporated by this reference, and other policies that Dacor may adopt from time to time.

This Dacor iQ Kitchen ToS supplements the Samsung Service Terms and Conditions (“Service Terms and Conditions”) available at [https://account.samsung.com/membership/terms] that You have already agreed to when You registered Your user account with Samsung (the “Samsung Account”). If You do not have a Samsung Account yet, please read the Service Terms and Conditions provided through this link [https://account.samsung.com/membership/terms] and open a new Samsung Account before using Dacor iQ Kitchen. The Service Terms and Conditions form an integral part of this Dacor iQ Kitchen ToS. In case of any inconsistency or conflict between the Dacor iQ Kitchen ToS and the Service Terms and Conditions, the terms of the Dacor iQ Kitchen ToS shall prevail but only as specifically related to Dacor iQ Kitchen.

1 Acceptance of the Terms and Conditions

1.1 BY ACCESSING OR USING DACOR IQ KITCHEN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND UNCONDITIONALLY AGREED TO THIS DACOR IQ KITCHEN ToS. IF YOU DO NOT AGREE TO THE DACOR IQ KITCHEN ToS OR TO THE SERVICE TERMS AND CONDITIONS, YOU MAY NOT USE DACOR IQ KITCHEN.

1.2 DACOR IQ KITCHEN IS NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 13. IF YOU ARE UNDER 13 YEARS OLD, YOU MAY NOT USE THE SERVICE OR PROVIDE DACOR WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If You are 13 or older but under the age of 18, You represent that You have reviewed these terms and conditions with Your parent or legal guardian to make sure that You and Your parent or guardian understand these terms and conditions. If You are a parent or guardian permitting a person under the age of majority in his or her resident jurisdiction (a "minor") to use Dacor iQ Kitchen, You agree to: (i) exercise supervision over the minor's use of Dacor iQ Kitchen; (ii) assume all risks associated with the minor’s use of Dacor iQ Kitchen, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the minor’s use of Dacor iQ Kitchen, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.

1.3 Dacor may modify this Dacor iQ Kitchen ToS from time to time and we will notify You of such changes by email and/or by a notification when You first open Dacor iQ Kitchen following such change. If You continue to access or use Dacor iQ Kitchen after such modification, You will be deemed to have read, understood and unconditionally agreed to such changes.

2 Grant of License and Restrictions of Dacor iQ Kitchen

2.1 Dacor iQ Kitchen is available for qualifying Dacor devices. If Your Dacor device qualifies for the use of Dacor iQ Kitchen, in consideration of Your agreeing to comply with these Dacor iQ Kitchen ToS, Dacor grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use the Dacor iQ Kitchen service for Your personal use and in respect of your domestic premises only, provided that You comply fully with this Dacor iQ Kitchen ToS. You shall not interfere or attempt to interfere with the operation or use of Dacor iQ Kitchen in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means. Dacor reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of Dacor iQ Kitchen at any time, and in no event shall Dacor be liable for any claims, costs or damages caused by or arising out of such actions. You acknowledge that the components and/or scope of Dacor iQ Kitchen can vary depending on the country and the device, and that different features might be available in different countries.

2.2 You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) Dacor iQ Kitchen in whole or in part.

2.3 If You fail, or Dacor suspects that You have failed to comply with any provisions of this Dacor iQ Kitchen ToS, without limiting Dacor’s other rights and remedies, all of which are expressly reserved, Dacor, in its sole discretion and without notice to You, may (i) terminate Your use of Dacor iQ Kitchen; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to Dacor iQ Kitchen.

2.4 You acknowledge and agree that some of the functionalities or services offered by Dacor iQ Kitchen may be provided by Dacor’s affiliates or subcontractors on behalf of Dacor.

2.5 Use of Dacor iQ Kitchen may require Your Products to have access or connection via mobile network or Internet (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of Dacor iQ Kitchen involves hardware, software, and Internet access, Your ability to use Dacor iQ Kitchen may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, are Your responsibility and that Your use of any third party service are subject to the terms and conditions of use established by the respective third party service providers.

2.6 You acknowledge that remotely operating a Product will require the use of electricity and, if operated over a prolonged period, it might be subject to risks including fire resulting from overheating, defects, short circuits, etc. The User will be solely responsible for any damages arising from such risks and agrees to hold Dacor harmless from such damages.

2.7 Dacor iQ Kitchen may require You to download and install updates from time to time. You agree to such downloading and installation of updates as part of Your use of Dacor iQ Kitchen.

3 Your Use of Dacor iQ Kitchen

3.1 In order to use Dacor iQ Kitchen, You are required to already have or open a Samsung Account. In addition to the registration data You provided about Yourself when opening the Samsung Account ("Registration Data"), You may be required to provide additional information (“Additional Data”) before You can use Dacor iQ Kitchen which are required for the sole purpose of providing service to You. You agree to provide accurate, current and complete Additional Data and to update Your Additional Data as required. Your Registration Data and Additional Data will be subject to the Privacy Policy, located at http://www.samsung.com/us/common/privacy.html, which is made part of this Samsung Smart Home ToS.

3.2 You understand that certain functions of Dacor iQ Kitchen may be linked to Partner Products and/or their related services (“Partner Services”) and other Dacor services. By using any Partner Service, You permit such Partner Service to access and store relevant portions of Your Registration Data and Additional Data. By using Partner Services, You also permit Dacor to receive certain information about You from the applicable Partner Service providers Your use of any Partner Service is subject to the terms and conditions of use imposed by the applicable Partner. For the avoidance of doubt, Dacor is not responsible for, and hereby disclaims all liabilities relating to or arising from any Partner Service, including but not limited to quality, performance or malfunctions. The Partner shall assume full responsibility for any error, defect, or inaccuracy regarding the Partner Service or any such issue in the Dacor iQ Kitchen service that results from the act or omission of a Partner. Dacor shall not be held liable for any inaccuracy and/or lack of reliability or availability, unless such inaccuracy or lack of reliability is attributable to Dacor.

3.3 You may not use Dacor iQ Kitchen for commercial purposes or for any purpose that is unlawful or prohibited by the Dacor iQ Kitchen ToS. You shall not use a Product as a camera in a publicly open place or to record others without their consent. Dacor shall not be held responsible for any photograph taken by using the built-in or attached camera on the Product. You are specifically prohibited from using (or authorizing a third party to use) Dacor iQ Kitchen in any which, or in connection with any contents, services, programs or applications that, (i) are in violation of any third party’s rights, including but not limited to intellectual property rights, contractual rights, moral rights and rights of privacy; or (ii) contain viruses or other harmful software, code or other means that impact or limit the functions or services provided by Dacor iQ Kitchen or the devices running Dacor iQ Kitchen (including but not limited to avoiding or disabling Dacor’s technical protections in the Service). You may not use any automated tool other than software and hardware approved by Dacor. Dacor will respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. If You fail to comply with this Section 3.3 or any other terms and conditions of the Dacor iQ Kitchen ToS, Dacor may immediately suspend or terminate Your right to use Dacor iQ Kitchen without notice to You.

4 Intellectual Property, Ownership

4.1 You acknowledge that Dacor iQ Kitchen is proprietary to Dacor and its licensors, and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between You and Dacor, Dacor owns and shall continue to own all right, title and interest in and to Dacor iQ Kitchen, including all associated intellectual property rights under the above referenced applicable laws. This Dacor iQ Kitchen ToS and Your use of Dacor iQ Kitchen does not grant You any ownership interest in or to Dacor iQ Kitchen, and You are granted only a limited license to use that is revocable in accordance with the terms of this Dacor iQ Kitchen ToS. You shall neither copy, redistribute nor republish, nor permit a third party to use for commercial purposes the Service without prior written consent from, or separate agreement with Dacor. You shall neither lend, sub-lend, sub-license, sell, assign, pledge, nor transfer the Service.

4.2 Dacor iQ Kitchen may include software and data provided by third parties.

5 Protection of Privacy and Content

Dacor may collect personal data of the User as required for his/her use of the Service with consent from the User. Dacor is committed to the protection of Your personal data. To learn more about how Dacor protects and handles Your personal data and other information provided by You, please carefully read Samsung’s Privacy Policy, located at [https://account.samsung.com/membership/pp], which forms an integral part of this Dacor iQ Kitchen ToS.

6 Fees and Advertisement

Even though Dacor iQ Kitchen is initially offered to You only with free-of-charge features, Dacor reserves the right to add fee-charging features and functionalities in the future. Dacor also reserves the right to display advertisements in connection with Dacor iQ Kitchen.

7 Indemnification

By using Dacor iQ Kitchen, You agree to indemnify, release and hold harmless Dacor, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Dacor’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees (collectively, "Claims") arising out of (i) any use of Dacor iQ Kitchen by You or by any person that You allow to use Dacor iQ Kitchen that is not in accordance with the terms of the Dacor iQ Kitchen ToS, (ii) any breach of this Dacor iQ Kitchen ToS by You or by any person that You allow to use Dacor iQ Kitchen, or (iii) any violation of any laws, regulations or the rights of any third party by You or by any person that You allow to use Dacor iQ Kitchen.

8 Warranties and Disclaimers

Dacor iQ Kitchen is provided “as is” and You acknowledge that Dacor iQ Kitchen has not been developed to meet Your personal requirements. Dacor makes no warranties or guarantees that Dacor iQ Kitchen: (a) is compatible with Your hardware and/or software; (b) is suitable for Your requirements or meets any specific level of performance or functionality; (c) available all the time or at any specific time, uninterrupted, secure or error free; (d) does not and will not infringe any third party rights (including intellectual property rights). We reserve the right to withdraw or modify Dacor iQ Kitchen at any time.

9 Legal relationship between the Users and between the User and a third party

9.1 These terms of use shall not affect in any way the legal relationship between the User and a third party, including but not limited to a Partner. Such relationship may require the application of separate terms of use as agreed upon with the third party.

9.2 The User shall be solely responsible for any relationship with another User in connection with the Service. Dacor shall not be held responsible for the accuracy and/or legality of any information or data published, given, or taken by the User in connection with the Service. Under no circumstances shall Dacor intervene in or assume responsibility for any and all civil or criminal proceedings arising between users or between the User and a third party in connection with the use of the Service.

10 Limitation of Liability

10.1 Nothing in these Dacor iQ Kitchen ToS excludes our liability (if any) to You for:

• personal injury or death resulting from our negligence;

• fraud;

• any matter which it would be illegal for us to exclude or to attempt to exclude our liability.



10.2 We are only liable to You for direct losses which You suffer as a result of a breach of these terms and conditions by us. Dacor iQ Kitchen is provided for domestic and private use only. You agree not to use Dacor iQ Kitchen for any commercial or business purpose and Dacor has no liability to You for any business losses You may incur, including but not limited to loss of profits, loss of data, loss of business, business interruption or loss of business opportunity.

10.3 The information, documents, software and other materials comprising and contained in Dacor iQ Kitchen are provided “as is”. We try and ensure that such materials are accurate and up to date, but we cannot be responsible for any errors, faults or inaccuracies. Our liability to You as explained above remains unaffected by this.



10.4 To the fullest extent permitted by law, we expressly exclude all representations, conditions, warranties or other terms which apply to the Services and associated content/information including any implied warranties of satisfactory quality, merchantability, fitness for a particular or any purpose or non-infringement which might otherwise apply but for this clause.



10.5 If in a relevant jurisdiction, these limitations and exclusions are not permitted then our liability shall be limited and excluded to the fullest extent permitted by law.



NB: Nothing in these Terms shall affect Your statutory rights as a consumer.



11 Interpretation

Any matter or interpretation other than those stated herein shall be governed by the Samsung Service Terms and Conditions (https://account.samsung.com/membership/terms). In case of any conflict or inconsistency between these terms of use and any of the other Samsung Service Terms and Conditions, Dacor iQ Kitchen ToS shall have precedence as far as the Dacor iQ Kitchen service is concerned. In case of any conflict between the English and another language version of these terms of use, the English language version shall prevail to the extent of such conflict.





Terms of Service for Family Hub

Effective Date: [2017.03.01]

Samsung Electronics Co., Ltd. together with its Affiliates (“Samsung”, “we”, “us”, or “our”) is pleased to offer you Family Hub, an application for the Samsung Smart Refrigerator and other mobile devices that allows you to access content, information and application by Samsung, its licensors, and/or its third party contractors (“Service”). This Agreement (“Agreement”) is a binding contract between you and Samsung which governs the use of the Servic. The Service is only for your own personal use. You may not use the Service for any commercial purpose or in any way not expressly permitted by this Agreement. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG.



BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT, AND YOU AGREE TO COMPLY WITH AND BE BOUND BY ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE. This Agreement incorporates the Samsung Account Terms and Conditions, located at https://account.samsung.com/membership/terms, that you may have already agreed to for your single sign-on user account with Samsung. If there is any conflict between this Agreement and the Samsung Account Terms and Conditions, this Agreement will prevail as specifically related to the Service, but only to the extent of actual conflict. Your use of the Service is subject to Samsung’s privacy policy, located at http://www.samsung.com/us/common/privacy.html (“Privacy Policy”), which is hereby incorporated by this reference, and other policies that Samsung may adopt from time to time.

Samsung may modify this Agreement from time to time. If we change this Agreement, we will update the Effective Date listed above. If you continue to access or use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.

THE SERVICE IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE SERVICE OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian and that you and your parent or guardian understand and consent to these terms and conditions. If you are a parent or guardian permitting a person under the age of 18 (“Minor”) to use the Service, you agree to: (i) supervise the Minor’s use of the Service; (ii) assume all risks associated with the Minor’s use of the Service, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Service; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by this Agreement for the Minor’s access and use of the Service.



1. The Services

1.1 The Services are provided to you by Samsung and in some cases, by Samsung's Affiliates (as defined hereunder) on behalf of Samsung. You agree that Samsung’s Affiliates are each entitled to provide the Services to you under this Agreement.

1.2 When you access the Service, you may be asked to create an account and provide certain information including, without limitation, a valid email address. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any content placed by you on the Service. Use of the Service will require your devices to have access or connection via mobile network or Internet (fees may apply), and may require updates or upgrades from time to time. You agree that Samsung may automatically download and install updates onto your device from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the reliability and performance of such system requirements. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the Service will not be available in all countries or on all devices, and may be subject to restrictions imposed by your network carrier or Internet provider. You are solely responsible for any charges incurred from your network provider related to the use of the Service.

1.3 The Services are provided only for your personal, noncommercial use. Subject to the terms and conditions of this Agreement, Samsung hereby grants you, and you accept, a limited, personal, nonexclusive, nontransferable and revocable right to use the Service only as authorized in this Agreement and in any applicable separate terms from Samsung. Access to the Services is licensed, not sold to you. All references to the Services include all related content, such as video, music, text, pictures, graphics, user interfaces, scripts and software used to implement and provide access to the Services, and any updates, upgrades, enhancements, modifications, revisions or additions to the Services made available by Samsung. However, Samsung is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Services.

1.4 You must not access or attempt to access any of the Services other than through the interface for the Services made available by Samsung. Without limiting the foregoing, you must not access or attempt to access any of the Services through any automated means, including scripts or web crawlers.

1.5 You agree to comply with all instructions made available to you in connection with the Services.

1.6 Certain Services may automatically download and install updates from time to time from Samsung. Such updates may be in various forms, including bug fixes, enhanced or new functions or features, new software modules and completely new versions. You agree to receive such updates (and permits Samsung to deliver such updates to you) as part of the Services.

1.7 You may not use the Service for any purpose that is unlawful or prohibited by this Agreement. You are specifically prohibited from using the Service to share, publish or otherwise include content that (a) violates any third party’s rights, including privacy and intellectual property rights; (b) is obscene, abusive, threatening, defamatory, violent, illegal, hateful, discriminatory, racist, sexist, or otherwise objectionable (as determined in our sole discretion) or in non-conformance with Samsung’s content or use guidelines; or (c) contains viruses or other harmful software, code or other means that impact or limit the Service or the devices running the Service.

1.8 You may not interfere or attempt to interfere with the operation or use of the Service by others in any way through any means or device, including but not limited to spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not, using the Service, collect or harvest personal information, including but not limited to account names and contact information. You may not impersonate or pretend to be anyone else but you, including without limitation, by creating fraudulent or spoof accounts, or using someone else’s image without their consent.

1.9 You may not use any robot, spider, script, or any manual or automated program or other means to extract, download, index, create multiple accounts, frame, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Service.

1.10 You may not use the Service to make any unsolicited offers, request, advertisements, or spam.

1.11 If the Service permits you to post pictures, you may not submit, share, or post pictures that are (a) not yours or pictures that you do not otherwise have the right to post (i.e., pictures that you find on the Internet or photos of or including another individual who has not consented to you posting it); (b) pornographic, nude, partially nude or sexually suggestive pictures; (c) pictures depicting illegal conduct or activities; or (d) pictures that include any person other than yourself unless you have secured all necessary rights and licenses to do so.

1.12 You may not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, broadcast exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Service or its content in whole or in part. You may not transmit, distribute, or broadcast any content included or accessible from the Service without our prior written consent unless we make the content available for distribution through a function on our Service, such as a social media plugin..

1.13 If the Service allows you to submit reviews, you may not submit any fake or fabricated reviews. Any reviews by you will be genuine and will represent your own personal experiences. You warrant that you have not been offered any payment or other incentive to write a review.

1.14 The ability to download or stream contents from the Service may be available to you only in your resident country and not available in any other location. If subject to such territorial restrictions, either imposed by Samsung or a content provider, you agree not to access or use or attempt to access or use the Service from outside of your resident country. Samsung may use technologies to verify such compliance.

1.15 A Service may have supplemental service terms and require additional consent from you before such Service or a feature or functionality of such Service is made available to you. By providing the additional consent, you shall be bound by the applicable supplemental terms in addition to this Agreement. To the extent of any actual conflict between the supplemental terms and this Agreement, the supplemental terms shall govern but only as specifically related to the Service to which the supplemental terms are applicable.

1.16 Your Account. If registration information is required, you agree to provide accurate, current and complete information required to register with the Service and/or at any other time as may be required in the course of using the Service. You further agree to maintain and update your registration information as required to keep it accurate, current and complete. Without in any way limiting or abrogating the Privacy Policy, you agree that Samsung may store and use the registration information and any other content or material you provide for use in maintaining your account and providing the Service. You are solely responsible for any activity that occurs on your account, for providing and maintaining accurate registration information and for maintaining the confidentiality of your password. If there has been an unauthorized use of your password or account, please notify us immediately. You agree that you have no ownership or other property interest in your account, and that all rights in and to the accounts are and shall forever be owned by and inure to the benefit of Samsung.

1.17 Voice and Video Communications. We may make voice and video communication available to you as part of the Service, subject to your network carrier’s restrictions as may be applicable. Such additional voice and/or video communication functionalities do not purport to be a replacement for your ordinary mobile or fixed-line telephone services. In particular, you acknowledge and agree that such voice and/or video communication functionalities do not allow you to make emergency calls to any emergency services.

1.18 Third Party Services. Use of the Service may include or link to services provided by a third party service provider (“Third Party Services”). Your use of Third Party Services shall be solely between you and the third party, and subject to the applicable terms and conditions from such third party. Samsung hereby disclaims all responsibility and liability for your use of Third Party Services, including but not limited to the reliability or the performance of Third Party Services. Samsung does not endorse any Third Party Services or any advertising, products or other materials on or available via Third Party Services. You purchase and use Third Party Services at your own risk.

1.19 Right To Modify, Suspend or Discontinue Service. Samsung reserves the right to change the Service without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of this Agreement, Samsung and its licensors reserve the right to modify, suspend, remove or disable your access to the Service or content, or discontinue the Service, in whole or in part, at any time without notice for any reason, and in no event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions.

2. Payment

2.1 Samsung may make available to you various electronic payment methods, such as credit card, or PayPal, to facilitate the purchase of content or other products or services with Samsung payment service. Samsung may or may not be the seller of the content, products or services you purchase. When you purchase content, products or services with Samsung payment service, you agree to abide by all applicable terms and conditions governing such electronic transaction whether such terms are included in an agreement with Samsung, the provider of such content, product or services, any provider of the means to conduct an electronic payment transaction, and your credit card company and your financial institution. Samsung reserves the right to add or remove payment methods at its sole discretion and possibly without notice to you.

2.2 When you make a purchase with Samsung payment service, your total price will include applicable sales tax.

2.3 To utilize Samsung payment service, you will need to have a Samsung Account. If you don’t have one already, you can sign up at account.samsung.com or on Smart Refrigerator. Use of the Samsung Account will be subject to the Samsung Account Terms and Conditions, available at https://account.samsung.com/membership/terms. You are responsible for providing accurate payment information and the full payment of your Digital Goods purchases. By using Samsung payment service, you authorize Samsung to charge your credit card or another selected payment account for your purchases. If you want to change your payment information, you may do so any time at the “Purchase Information” section within Samsung Smart Family Hub. There may be a temporary disruption of your access to the Samsung payment service until the validity of the new payment information is verified. Samsung does not store your actual credit card information or payment account log-in information.

2.4 Please note that the prices and currency charged for Digital Goods may vary depending on your location. Prices for Digital Goods may change at any time, and Samsung payment service does not provide price protection or refunds in the event of a price reduction or promotional offering.

3. Content

3.1 The Service may display, include, or make available products, data, information, services, materials, software or other content provided, licensed or distributed by third parties, and/or other third parties who license content and/or other services to us. Our agreements with these third parties may require Samsung to black-out and restrict the availability of and your access to certain content or services for periods of time. You agree that any third party that provides Samsung with such materials is hereby deemed an intended third party beneficiary of this Agreement and shall have the right to enforce any and all obligations of users of the Service under this Agreement to the same extent as if the third party provider were a party to this Agreement and in every respect, at law or in equity. However, Samsung does not assume and will not have any liability or responsibility to you or any other person or entity for any such third party materials and they are provided solely as a convenience to you, and you access and use them entirely at your own risk and may be subject to such third parties' terms and conditions.

3.2 Samsung is not responsible for any content you may access as part of or via your use of the Services (including audio and sound files, data files, images, graphics, animation, music, photographs, software, videos and written text) that were created by or are owned by a third party ("Third Party Content"), including advertisements, messages, or other sponsored content. Any responsibility or liability for any Third Party Content shall remain solely with the creator, owner, or licensee of such Third Party Content and not with Samsung whatsoever.

3.3 You acknowledge and agree that Third Party Content is protected by the proprietary and intellectual property rights of the creator, owner and licensee of such Third Party Content. You must not modify, reverse-engineer, copy, rent, lease, loan, sell, resell, re-transmit, distribute, trade, publicly display or create derivative works of any Third Party Content, either in whole or in part, without obtaining a license from such creator, owner or licensee.

3.4 Samsung does not endorse, promote, support, verify, or monitor any content submitted to the Service, or any opinion, recommendation, action, or advice provided in such content. Content types (e.g., genres, sub-genres, categories and sub-categories) and descriptions, if provided, are provided for convenience purposes only, and you acknowledge and agree that Samsung does not guarantee their accuracy. Samsung reserves the right to remove content without prior notice and for any reason in our sole discretion. Samsung may, but have no obligation to monitor your use of the Service, your accounts, content, and communications that we determine in our sole discretion violates this Agreement. Samsung reserves the right to gather data on Service usage including license key numbers, and other information deemed relevant, to ensure that the Service is being used in accordance with this Agreement. Any unauthorized use shall be considered by Samsung to be a violation of this Agreement. Samsung reserves the right to remedy violations immediately upon discovery, by charging the then current list price of unauthorized keys or access to the Service to the credit card or wireless carrier account used to make the original, authorized purchase, or by any other means necessary. You agree not to block, electronically or otherwise, the transmission of data required for compliance with this Agreement. Any blocking of data required for compliance under this Agreement is considered to be violation of this Agreement and may result in immediate termination of your right to use the Service. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.

3.5 You acknowledge and agree that, by using the Services, you may be exposed to Third Party Content that you may find offensive, indecent or objectionable and that, in that respect, you agree to use the Services at your own risk. Samsung shall have no liability to you for content that may be offensive, indecent, explicit, adult-oriented, or objectionable.

3.6 Infringing Content. It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent thereof and believe that any posting or other content on the Service infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

· Identification of the copyrighted work
claimed to have been infringed;
· Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

· Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;

· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

· A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent for notice of claims of copyright infringement can be reached at:

Steve Merlis, Senior Counsel - Federal Affairs
Samsung Electronics America, Inc.
1200 New Hampshire Ave., N.W.
Suite 500
Washington, DC, 20036
Telephone: 202-552-7595
Email: copyrightagent@samsung.com



4. Samsung's Proprietary Rights

4.1 You acknowledge that the Service is proprietary to Samsung and its licensors, and protected under applicable copyright, patent, trademark and trade secret laws. You acknowledge and agree that Samsung (or Samsung's licensors) owns all legal right, title and interest in and to the Services, including all intellectual property rights (existing anywhere in the world and whether registered or not) which subsist in the Services. This Agreement does not grant you any ownership interest in or to the Service, but only a limited license to use that is revocable in accordance with the terms of this Agreement. Notwithstanding the foregoing, we do not claim ownership of any pictures or content that you may post or submit on the Service. You represent and warrant that you have secured (and are able to produce proof in writing) of any and all rights necessary and appropriate to submit the pictures and content on the Service, including all necessary releases. When you upload, submit, store, send or receive any picture or content through the Service, you are granting Samsung a perpetual, worldwide, unrestricted, non-exclusive, royalty-free, transferable license to use, host, store, reproduce, display, publish, modify, create derivative work, communicate, and distribute such pictures and content. The rights you grant in this Section are for the limited purpose of operating, promoting, and improving Samsung Services, and to develop new ones. Nothing in these Terms gives you a right to reproduce, copy, imitate, distribute, sell, broadcast, license, or otherwise use any of Samsung’s trademarks, logos, domain names, and other distinctive brand features in whole or in part.

4.2 You must not remove, obscure, or alter any proprietary rights (including copyright and trade mark notices) which are affixed to or contained within the Services.

5. Advertisements

The Services or a part thereof may display advertisements and promotions and may be supported by advertising revenue. Such advertisements and promotions may be targeted to you based on information you may make available through the Services and through queries made by third parties in connection with your use of the Services.

6. Term and Termination of this Agreement

6.1 This Agreement is effective upon your acceptance of the Agreement, or upon your downloading, accessing or otherwise using the Service. The Service has no predetermined termination date and may continue until such time as Samsung decides to terminate the Service or when this Agreement is terminated consistent with the terms herein..

6.2 If you fail, or Samsung reasonably suspects that you have failed to comply with any of the provisions of this Agreement, without limiting Samsung’s other rights and remedies, all of which are expressly reserved, at its sole discretion and without notice to you, Samsung may immediately discontinue your access to the Service and terminate this Agreement.

7. Indemnification

You will indemnify, release and hold harmless Samsung, its parent, subsidiaries and Affiliates, and all officers, directors, agents and employees thereof, and any party acting on Samsung’s behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys’ fees arising out of (i) any use of the Service by you or by any person that you allow to use the Service that is not in accordance to the terms of this Agreement, (ii) any breach of this Agreement by you or by any person that you allow to use the Service or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Service.

8. Warranties Disclaimer

8.1 THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG, ITS AFFILIATES AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, AND SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

8.2 WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG, ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES OR THE CONTENT THEREIN WILL (a) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (b) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (c) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU AND THE INFORMATION YOU PROVIDE) FROM UNAUTHORIZED ACCESS, (d) WILL BE ACCURATE, COMPLETE, OR RELIABLE, (e) THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR (f) THAT ERRORS OR DEFECTS WILL BE CORRECTED.

8.3 YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCE(S) THAT RESULTS, INCLUDING ANY DAMAGE OR HARM CAUSED BY ANY VIRUS, SPYWARE, WORM OR MALWARE.

8.4 NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY YOU FROM SAMSUNG ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THE AGREEMENT.

9. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SAMSUNG, ITS AFFILIATES OR ITS LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY REGARDLESS OF WHETHER OR NOT SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICE, OR FOR ANY CONTENT, VIDEO OR COMMUNICATIONS ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SHOULD YOU CHOOSE TO COMMUNICATE OR MEET DIRECTLY WITH OTHER USERS OF THE SERVICE, WE ARE NOT RESPONSIBLE FOR THOSE COMMUNICATIONS OR ANY MEETINGS THAT MAY TAKE PLACE BETWEEN YOU AND OTHER USERS. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

10. Privacy

Samsung is committed to the protection of your privacy, including the information you share on the Service. You agree and acknowledge that you may be asked to provide certain personal information, such as your telephone number, user name, profile photos, and other personally identifiable information when you use the Service. The Service may also offer you the possibility to upload, send, submit or provide any other material or content which Samsung may store on its servers. Samsung may also share certain user information (such as name, address and email address) with its business partners to facilitate the use of the Service. The Privacy Policy governs how Samsung collects and uses your information and information relating to your use of the Service. Samsung may update the Privacy Policy from time to time, so please periodically review the Privacy Policy.



11. General Terms

11.1 Whenever the words “include”, “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, whether or not they are in fact followed by those words or words of like import.

11.2 The failure of Samsung to enforce at any time any of the provisions of this Agreement, or the failure by Samsung to require at any time performance by you of any of the provisions of this Agreement, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Samsung to enforce such provision thereafter. The express waiver by Samsung of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

11.3 If any term or provision of this Agreement is held to be invalid or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of this Agreement. The remaining provisions of this Agreement shall remain in effect and shall be construed in accordance with its terms..

11.4 Sections 1.2, 2, 5, 6 and 8 of this Agreement, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of this Agreement, and shall remain valid and binding.

11.5 The headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

11.6 You acknowledge and agree that each Samsung Affiliate shall be a third party beneficiary to this Agreement and shall be entitled to directly enforce, and rely upon, any provision of this Agreement which confers a benefit on (or rights in favor of) them. Subject to the foregoing, no other person shall be a third party beneficiary to this Agreement. For the purposes of this Agreement, an Affiliate of Samsung is any company, corporation, firm, partnership or other entity that controls Samsung, is controlled by Samsung or is under common control with Samsung; the term "controls" and "controlled" meaning the ability to direct the management of the relevant entity.

11.7 You may not transfer or assign this Agreement or any of your rights or 10.8 Samsung will not be liable or responsible for any failure to perform, or delay in performance of, any of any obligations under this Agreement that is caused by acts or events beyond Samsung’s reasonable control.

11.8 This Agreement including all revisions and amendments thereto shall be governed by the laws of the State of New York without regard to its conflict of law principles. By using the Services, you unconditionally consent and agree that: (a) any claim, dispute or controversy (whether in contract, tort, or otherwise) you may have against any Samsung entity, the officers, directors, agents and employees of any Samsung entity (the “Samsung Entity(ies)”) arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this clause, will be resolved exclusively by final and binding arbitration administered by the ICC and conducted before a sole arbitrator in accordance with the rules of the ICC; (b) this clause is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (c) the arbitration shall be held in New York City, New York; (d) the arbitrator’s decision shall be controlled by the terms and conditions of this Agreement and any other agreements referenced herein that the User has agreed to in connection with the Services; (e) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (f) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Samsung Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and you will not file or participate in a class action against Samsung; (g) the arbitrator shall not have the power to award punitive damages against you or any Samsung Entity; (h) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Samsung Entity exceed One Hundred Twenty-Five US Dollars (US$125), and you are unable (or not required under the rules of ICC) to pay any fees and deposits that exceed this amount, Samsung agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Samsung will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive; and (i) with the exception of subsection (f) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of ICC, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subsection (f) above is found to be invalid, unenforceable or illegal, the entirety of this arbitration provision shall be null and void, and neither the User nor Samsung shall be entitled to arbitrate the dispute. For more information on the ICC and/or the rules of the ICC, visit their website at www.iccwbo.org.

11.9 Third Party Sites. We may offer links or other materials on the Service which allow you to browse or be redirected to a third party’s website, such as a social networking platform. We are not associated with, endorsing, or responsible for the services, websites, or content of these third parties. If you have any questions about these other companies’ practices, you should review their terms of use and other policies.

11.10 Translation of this Agreement

You acknowledge and agree that any translation of this Agreement in a language other than English is provided for your convenience only. The English language version of this Agreement governs in the event of any contradiction between a translation and the English language version of this Agreement.







SAMSUNG SERVICE TERMS AND CONDITIONS - SMARTTHINGS SERVICES SUPPLEMENT

Effective Date: May 4th, 2017

SmartThings services include but are not limited to iOT plug-ins, devices, software and other SmartThings-related products and services (“SmartThings Services”) and are provided by Samsung’s subsidiary SmartThings, Inc. (665 Clyde Ave, Mountain View, CA 94043, United States) (“SmartThings”).

THE SAMSUNG SERVICE TERMS AND CONDITIONS AND THIS SUPPLEMENT GOVERN THE SMARTTHINGS SERVICES WHEN YOU USE THE SMARTTHINGS SERVICES AS A SERVICE IN CONNECTION WITH YOUR SAMSUNG ACCOUNT. A REFERENCE IN THE SAMSUNG SERVICE TERMS AND CONDITIONS TO “SERVICES” OR “SERVICE” INCLUDES THE SMARTTHINGS SERVICES. IF YOU DO NOT AGREE TO THIS SUPPLEMENT, YOU MAY NOT USE THE SMARTTHINGS SERVICES.

1. Connecting SmartThings Services with third party devices or services

1.1. Some SmartThings Services may allow Users to create connections between various physical devices (which may be provided by Samsung, SmartThings or by others) and third party services. You acknowledge and agree that You will not connect any physical devices or third party services to SmartThings Services (or otherwise Use the Services) in a manner that could be dangerous to You or to others, or which could cause damage to or loss of any property (whether real, personal, tangible or intangible). For example, Users should never connect heavy machinery, power tools, medical equipment, or other similar devices to the SmartThings Services.

1.2. Users should review the SmartThings Product Usage Guidelines for more information before connecting SmartThings Services to a physical device or third party service.

2. Additional User warranties and representations

2.1. You warrant, represent and agree that You will not Use or otherwise interact with SmartThings Services in a manner that:

a. jeopardizes the security of your User Content, Registration Data, User account or anyone else's (such as allowing someone else to log on as you on the SmartThings Services);

b. attempts, in any manner, to obtain the Registration Data or other security information from any other User; and/or

c. copies or stores any significant portion of the Content.

3. Video and audio recordings

3.1. If You connect any video or audio recording devices to the SmartThings Services (e.g., video cameras), You understand and acknowledge that:

a. any information collected from such devices, including audio/video information, is subject to Samsung Privacy Policy and its supplements; and

b. You are responsible for obtaining (and you represent and warrant that you have obtained), any and all consents that may be required under applicable local law from all individuals who will be recorded by such devices.

3.2. Without limiting any other remedy available to SmartThings, a violation of any of the foregoing is grounds for termination of Your right to Use or access the SmartThings Services.

4. Costs

4.1. SmartThings reserves the right to require payment of fees for certain features of the SmartThings Services. Should You elect to subscribe to such features, You shall pay all applicable fees, as described on the terms in connection with such features.

4.2. Subject to any subscription agreement or other restrictions, SmartThings reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to You, which may be sent by email or posted on the SmartThings Services. Use of the Services by You following such notification constitutes your acceptance of any new or increased charges.

5. Changes

5.1. Samsung and / or SmartThings may suspend or discontinue any part of the SmartThings Services, or introduce new features or impose limits on certain features or restrict access to parts or all of the SmartThings Services. Such changes may cause older hardware devices, third party services, software configurations or setups to no longer work with the SmartThings Services, and You may be required to upgrade or change these devices, services, configurations or setups in order to continue using the SmartThings Services.

5.2 Please check back for amendments to the Samsung Services Terms and Conditions and this Supplement. If we make significant amendments we will notify you by sending you a message through the SmartThings Services, to your Samsung Account, or by email to notify you of those changes and give you the opportunity to review the amendments before continuing to use the SmartThings Services.

6. Application Services

6.1. This section applies to Your Use of all application-related SmartThings Services, including but not limited to SmartThings Apps and iOT plugin (“Application Services”) available from participating app stores, including but not limited to Apple Store and Google Play (“Platform”).

6.2. Your telecommunications services provider may impose data charges when You Use certain Application Services or for data charges for the updating or upgrading the Application Services if You have not restricted updates and upgrades to wifi connections.

7,0, Additional Terms and Conditions regarding Application Services and Your Platform:

a. both You and Samsung and SmartThings acknowledge that the Terms and Conditions are concluded between You and SmartThings only, and not with your Platform, and Your Platform is not responsible for the Application Services, the Content or the User Content;

b. the Application Services are licensed to You on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Application Services for Your private, personal, non-commercial use, subject to all the Terms and Conditions of this Agreement as they are applicable to the Application Services;

c. You will only Use the Application in connection with a device that you own or control;

d. You acknowledge and agree that your Platform has no obligation whatsoever to furnish any maintenance and support services with respect to the Application Services;

e. in the event of any failure of the Application Services to conform to any applicable warranty, including those implied by law, You may notify your Platform of such failure; upon notification, your Platform’s sole warranty obligation to You will be to refund to You the purchase price, if any, of the Application Services;

f. You acknowledge and agree that SmartThings, and not the Platform, is responsible for addressing any claims You or any third party may have in relation to the Application Services;

g. You acknowledge and agree that, in the event of any third party claim that the Application Services or Your possession and Use of the Application Services infringes that third party's intellectual property rights, SmartThings, and not Your Platform, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

h. You represent and warrant that You are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

i. both You and SmartThings acknowledge and agree that, in Your Use of the Application Services, You will comply with any applicable third party terms of agreement which may affect or be affected by such Use; and

j. both You and SmartThings acknowledge and agree that the Platform and Platforms subsidiaries are third party beneficiaries of this Agreement, and that upon Your acceptance of this Agreement, the Platform will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

8. Disputes

8.1. If there is a dispute between participants in relation to the Services, or between Users and any third party, You agree that SmartThings is under no obligation to become involved. In the event that You have a dispute with one or more other Users, You release SmartThings, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

8.2. If You are a California resident, You shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

9. Risk of loss and insurance

9.1. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SMARTTHINGS SERVICES (INCLUDING, WITHOUT LIMITATION, USING THE SERVICES TO SECURE OR OTHERWISE CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND THAT YOU ACCEPT RESPONSIBILITY FOR ALL LOSSES, DAMAGES AND EXPENSES ARISING OUT OF SUCH USE.

9.2. SMARTTHINGS IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE COVERING ALL LOSS, DAMAGE OR EXPENSE, WHETHER FOR PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR FROM (I) THESE TERMS AND CONDITIONS, OR (II) THE SMARTTHINGS SERVICES.

10. Additional Indemnification

10.1. You agree to indemnify and hold SmartThings, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to:

a. Your Use of the SmartThings Services (including any actions taken by a third party using Your account); and

b. Your violation of these Terms and Conditions.

10.2. In the event of such a claim, suit, or action ("Claim"), SmartThings will provide notice of the Claim to the contact information we have for Your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

11. Miscellaneous

11.1. You will be responsible for withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with Your activity in connection with the SmartThings Services. The failure of either You or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.

11.2. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and You do not have any authority of any kind to bind SmartThings in any respect whatsoever. Except as expressly set forth in this supplement regarding the Application Services, You and SmartThings agree there are no third party beneficiaries intended under this Agreement.

12. Digital Millennium Copyright Act (“DMCA”)

12.1. SmartThings respect others' intellectual property rights, and we reserve the right to delete or disable Content and User Content alleged to be infringing, and to terminate the accounts of repeat infringers. SmartThings complies with the DMCA and will respond to notices of alleged infringement. If you wish to submit a claim for copyright infringement, please contact SmartThings's Designated Agent at:

Mail:

Andrew C. Brooks

456 University Ave STE 200

Palo Alto, CA 94301-1812



Email: support@smartthings.com



To review SmartThings complete Copyright Dispute Policy, click here. To learn more about the DMCA, click here.

13. Conflicts

13.1. In the event of any express conflict between the terms and conditions of this Supplement and the Samsung Service Terms and Conditions, this supplement shall govern solely with respect to that conflict.

13.2. Please note that if you have registered as a SmartThings developer pursuant to the SmartThings Platform Developer Agreement, the Platform Development Agreement will govern our use of any code that You submit to us under that agreement.

14. Choice of Law, Arbitration

14.1 The terms of this Supplement are governed by and will construed under the laws of the State of California, without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of the terms of this Supplement shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California.

15. Contact SmartThings

15.1. You may stop using the SmartThings Services at any time, by deleting your account. For assistance contact support@smartthings.com.

15.2. If a User has deleted their account by mistake, contact us immediately at support@smartthings.com. SmartThings will try to resolve the issue cannot promise to recover or restore anything.






SAMSUNG FLOW TERMS OF SERVICE

IMPORTANT – Please read carefully before operating the SERVICE (defined below). These TERMS OF SERVICE (“TOS”) are a legal agreement between you and SAMSUNG ELECTRONICS CO., LTD. and its affiliates (collectively, “Samsung”) for the Samsung Flow and any relevant software or documentation thereof (collectively, the “SERVICE”) provided by Samsung or its affiliates, its third party suppliers, and/or licensors. by installing or otherwise using the SERVICE, you agree to be bound by these TOS, including the dispute resolution provision. if you do not agree to the TOS, do not install or use the SERVICE. If these TOS change and you continue to use the SERVICE or fail to uninstall the service following any such change, you agree to be bound by the TOS. If you do not agree to the TOS change, you must stop using the SERVICE.

SERVICE DESCRIPTION
Samsung Flow allows seamless connectivity and continuity across devices, enabling interactive sharing of contents and syncing notifications between your authenticated devices, and allows using your phone as a mobile hotspot to keep your other devices connected.
If you want to use Samsung Flow with a higher level of security please register for Samsung Pass, which enables you to login to your Tablet/PC with your biometric data (Iris, Fingerprints).
Samsung Flow can be automatically launched on a smartphone when the user launches Samsung Flow on a specific registered device, without needing to manually launch Samsung Flow on their smartphone.
This SERVICE supports a limited set of languages. This Service is designed to be used in the countries where support services are officially provided. In the case that this SERVICE is used in non-supported countries, this SERVICE may be limited or apt to cause error. This SERVICE is designed to be used in devices that are enabled to support the various features within the SERVICE. Non-supported devices may result in you experiencing limited or non-functional features. This SERVICE is provided “as is”. SAMSUNG does not guarantee the results of this SERVICE, including, without limitation, Predictive Text, Auto Replacement, or any other feature included in the SERVICE.

1. Grant of License
Subject to the terms and conditions of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the SERVICE. The services and features provided by the SERVICE or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or network operator. Unless you are an age of majority in your jurisdiction, you are not permitted to enter into these TOS or use the SERVICE unless your parent or legal guardian understands and consents to the terms and conditions of these TOS. If you are a parent or legal guardian permitting a person of minority ("Minor") to use the SERVICE, you agree to: (i) supervise the Minor's use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the SERVICE, (iii) assume any liability resulting from the Minor’s use of the SERVICE; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor or, if required by the laws of your jurisdiction, submit all required information truthfully and accurately on behalf by the Minor; and (v) assume responsibility and are bound by these TOS for the Minor’s access and use of the SERVICE.

2. Reservation of Rights and Ownership
This SERVICE includes software and data provided by third parties. You acknowledge that the SERVICE is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These TOS and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted only a limited license to use that is revocable in accordance with the terms of these TOS. You may not use the SERVICE to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.
Except for private and non-commercial use, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied or reproduced without prior written consent of Samsung or its partner. Any other use of the SERVICE, including any commercial use, modification, distribution or republication without prior written consent of Samsung is strictly prohibited.

3. Restrictions
Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE; (ii) modify or disable any features of the SERVICE; (iii) create derivative works based on the SERVICE; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the SERVICE; (v) infringe our intellectual property rights or those of any third party in relation to your use of the SERVICE (to the extent that such use is not licensed by these TOS); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SERVICE or any operating system; (vii) use the SERVICE in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE.

4. Update, Change or Suspension of the SERVICE
Samsung may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case those separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.
Samsung expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the SERVICE or any portion thereof at any time without notice or liability.

5. Third Party Services and Content
Third party services and/or content may also be available to you through the SERVICE. To the extent permitted by law, Samsung disclaims any warranty, condition or representation in respect of any third party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third party rights and compliance of any applicable laws or regulations. The use of third party services and contents may be governed by such third party provider’s terms of use, license agreement, privacy policy, or other such agreement. Certain portions of the SERVICE may be subject to open source licenses, in which the terms of such open source licenses may precede the terms and conditions of these TOS with respect to that portion of the SERVICE.

6. Consent for Collection and Use of Data
You acknowledge and agree that Samsung and/or parties that are entrusted by Samsung may collect and use information necessary to provide the SERVICE and Updates, improve or enhance the SERVICE. At all times your information will be treated in accordance with applicable law and Samsung’s Privacy Policy, which can be viewed at: http://account.samsung.com/membership/pp.

7. Data Access
Some features of the SERVICE may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access.

8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the SERVICE, including, without limitation, all applicable export restriction laws and regulations.

9. Termination
These TOS are effective until terminated. You can terminate these TOS by ceasing your use of the SERVICE and uninstalling, deleting and returning all related software, documentations and other materials provided by Samsung, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated without notice from Samsung. Upon either your or Samsung’s termination of these TOS, you must immediately cease all use of the SERVICE. For the purpose of clarity, Samsung may terminate anytime these TOS and the SERVICE with notice to you (e.g., service website, pop-up through application, email or etc.).

10. Disclaimer of Warranty
To the maximum extent permitted by applicable law, the SERVICE is provided “as is” and on an “as available” basis, without warranties of any kind from Samsung, either express or implied. to the maximum extent permitted by applicable law, Samsung disclaims all warranties or other terms expressed, implied, or statutory, including, but not limited to, implied warranties or terms of merchantability, satisfactory quality, fitness for a particular purpose, reliability or availability, accuracy, lack of viruses, quiet enjoyment, non infringement of third party rights or other violation of rights. Some jurisdictions do not allow exclusions or limitations of implied warranties, so the above exclusions or limitations may not apply to you. No advice or information, whether oral or written, obtained by you from Samsung or its affiliates shall be deemed to alter this disclaimer by Samsung of warranty regarding the SERVICE, or to create any warranty of any sort from Samsung.

11. Limitation of Liability
11.1 Samsung and You do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.
11.2 Subject only to 11.1, Samsung shall not be liable for loss, damage or liability under contract (including negligence), laws on third party obligations (including ‘tort’ and negligence claims) or statutory obligations or any other legal basis whatsoever, even if Samsung was specifically put on notice of the risk of such loss (i) where the loss is indirect, incidental, indirect, special, consequential, special or comprises exemplary or punitive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data or (iii) where the loss relates to errors, omissions or interruptions, computer viruses, connection or connectivity problems or network charges.
11.3 Subject only to 11.1 and 11.2, Samsung’s total financial liability to You arising from or in connection with these TOS, the SERVICE or related matters shall not exceed the amount you paid Samsung or Samsung’s affiliate specifically for this SERVICE.
11.4 You acknowledge that the above provisions of clauses 10 and 11 are reasonable given the benefits of the SERVICES and you will accept such risk and/or insure accordingly.
11.5 It is essential that you back up your data on your device before using the SERVICES to avoid losing any data.

12. Indemnification
The following text only applies if you use the SERVICE as part of your business, trade or profession: You agree to indemnify, defend, and hold harmless Samsung, its affiliates, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the SERVICE, your violation of the rights of any third party, or any breach of these TOS.

13. Applicable Law
These TOS are governed by the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

14. Dispute Resolution
If you are a consumer (and where this term is not otherwise defined in your local law, this means ‘not using the SERVICE as part of a business, trade or profession’) then the courts of the territory in which you are resident have non-exclusive jurisdiction to hear and decide any dispute, controversy or difference arising from these TOS or the SERVICE. Where local law permits a choice of court, the court shall be the court in the capital city of your country. If you are not a consumer, if a dispute, controversy or difference arising in any way from these TOS or your use of the SERVICE is not amicably settled, it shall be subject to arbitration proceedings under the arbitration rules of the International Chamber of Commerce in the place of the respondent. Notwithstanding the foregoing, Samsung may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction. Arbitration hearings shall be conducted in English.

15. Entire Agreement
These TOS are the entire agreement between you and Samsung relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

16. Electronic Communications
When you use the SERVICE or send email(s) to Samsung, you are communicating electronically. You consent to receive communications from Samsung electronically by way of email or SMS. You agree that all agreements, notices, disclosures and other communications that Samsung provides to you electronically satisfy all legal requirements. In connection with your use of the SERVICES, Samsung may send you SERVICE announcements, administrative messages, and other information.

2022.01.28
V 4.8






SMARTTHINGS TRACKER TERMS OF SERVICE

IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THE SERVICE (DEFINED BELOW). THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG ELECTRONICS CO., LTD. (“SAMSUNG”) FOR THE SMARTTHINGS TRACKER SERVICE AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY SAMSUNG, ITS AFFILIATES, ITS THIRD PARTY SUPPLIERS, AND/OR LICENSORS.
BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS, INCLUDING THE ARBITRATION AGREEMENT, SET FORTH AT SECTION 14, BELOW. IF YOU DO NOT AGREE TO THE TOS, DO NOT INSTALL OR USE THE SERVICE. IF THESE TOS CHANGE AND YOU CONTINUE TO USE THE SERVICE OR FAIL TO UNINSTALL THE SERVICE FOLLOWING ANY SUCH CHANGE, YOU AGREE TO BE BOUND BY THE TOS. IF YOU DO NOT AGREE TO THE TOS CHANGE, YOU MUST STOP USING THE SERVICE.

1. SERVICE
a. The SERVICE enables users to check the location of a SmartThings Tracker device (“Tracker”).
b. To use the SERVICE, you need to have a Samsung Account (“Account”) and install the “SmartThings” application (“Application”) in your smartphone or tablet (“Device”), and accept the terms and Conditions provided therewith. Your use of the SERVICE is also subject to such terms and condition. In the event of any conflict between these TOS and such terms and conditions, these TOS will prevail with respect to the SERVICE and your use thereof.
c. To use this SERVICE, you may need to purchase an applicable data plan from relevant carriers or service providers. Your Tracker’s network service is solely managed by the carrier independently of the SERVICE, and governed by the applicable terms and conditions of your carrier or service provider. Your carrier or service provider may charge data fees when your Tracker accesses its network.
d. You bear sole responsibility for, including any liability that may arise out of, or in relation to your use of SERVICE and the subject of whose location you track with the SERVICE. You must comply with all applicable laws in connection with your use of the SERVICE and shall not participate in any illegal activities including violating others’ rights. In the event that the location of other person is tracked via the SERVICE, you must clearly inform such other person in advance of the fact that his or her location is tracked, obtain such other person’s consent (in case of a Minor, defined below, consent of a parent or legal guardian), and use the SERVICE soley to track such person. In the event you invite other users to gain access to the location of another person via the SERVICE, you must also inform such other person of the list of people who can track his or her location via the SERVICE, and obtain such person’s prior consent (in case of a Minor, prior consent of a parent or legal guardian).
e. Location data provided by the SERVICE may be erroneous, inaccurate, incomplete or time-delayed. The SERVICE is not intended and must not be used, for emergency or life saving purposes or in any other situations where incorrect location data or other failure of the SERVICE may result in person’s death, bodily injury, property damage or any other similar harm. SAMSUNG shall not be responsible for any unavailability of the SERVICE resulting from the network service provided by your carrier.
f. The services and features provided by the SERVICE or Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your location, Device model, operating system, or network operator.
g. If you are under the age of 18, you are not permitted to enter into these TOS or use the SERVICE unless your parent or legal guardian understands and consents to the terms and conditions of these TOS. If you are a parent or legal guardian permitting a person under the age of 18 ("Minor") to use the SERVICE, you agree to: (i) supervise the Minor's use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the SERVICE, (iii) assume any liability resulting from the Minor’s use of the SERVICE; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor or, if required by the laws of your jurisdiction, submit all required information truthfully and accurately on behalf by the Minor; and (v) assume responsibility and agree to be bound by these TOS for the Minor’s access and use of the SERVICE.

2. Grant of License
Subject to the terms and conditions of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the SERVICE.

3. Reservation of Rights and Ownership
This SERVICE includes software and data provided by third parties. You acknowledge that the SERVICE is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These TOS and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted only a limited license to use the SERVICE that is revocable in accordance with the terms of these TOS. You may not use the SERVICE to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction.
Except for private and non-commercial use, none of the contents of the SERVICE may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied or reproduced without prior written consent of Samsung or its partner. Any other use of the SERVICE, including any commercial use, modification, distribution or republication without prior written consent of Samsung is strictly prohibited.

4. Restrictions
Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE; (ii) modify or disable any features of the SERVICE; (iii) create derivative works based on the SERVICE; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the SERVICE; (v) infringe our intellectual property rights or those of any third party in relation to your use of the SERVICE (to the extent that such use is not licensed by these TOS); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SERVICE or any operating system; (vii) use the SERVICE in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE, (ix) disobey any technology control or export laws and regulations that apply to the technology used or supported by the SERVICE; or (x) harass, threaten or harm any other person.

5. Update, Change or Suspension of the SERVICE
Samsung may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case those separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.
Samsung expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the SERVICE or any portion thereof at any time without notice or liability.
Without limiting the generality of the foregoing, if you do not use this SERVICE for more than one year, your SERVICE will be suspended automatically and your user data will also be deleted. In such event, you will be required to sign up again to use the SERVICE.

6. Third Party Services and Content
Third party services and/or content may also be available to you through the SERVICE. To the extent permitted by law, Samsung disclaims any warranty, condition or representation with respect to any third party services or content in any aspects including, but not limited to, quality, accuracy, effectiveness, lack of viruses, non-infringement of third party rights and compliance of any applicable laws or regulations. The use of third party services and contents may be governed by such third party provider’s terms of use, license agreement, privacy policy, or other such agreement. Certain portions of the SERVICE may be subject to open source licenses, in which the terms of such open source licenses may precede the terms and conditions of these TOS with respect to that portion of the SERVICE.

7. Internet Access
Some features of the SERVICE may require your DEVICE to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may access the internet through your mobile network, which may result in additional charges depending on your payment plan according to carriers or service providers. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your Device hardware or data access.

8. Compliance with Law
You agree to comply with any and all applicable laws and regulations in using the SERVICE, including, without limitation, all applicable export restriction laws and regulations.

9. Termination
These TOS are effective until terminated. You can terminate these TOS by ceasing your use of the SERVICE and uninstalling, deleting and returning all related software, documentations and other materials provided by Samsung, including backup copies thereof. Should you not comply with these TOS, your rights based on these TOS will be automatically terminated without notice from Samsung. Upon either your or Samsung’s termination of these TOS, you must immediately cease all use of the SERVICE. For the purpose of clarity, Samsung may terminate at any time these TOS and the SERVICE with notice to you (e.g., service website, pop-up through application, or email).

10. Standard Limited Warranty and Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ADDITIONAL WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. SAMSUNG DOES NOT GUARANTEE OR WARRANT THAT ANY INFORMATION, DATA OR CONTENT YOU MAY TRANSFER, STORE OR ACCESS THROUGH USE OF THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL, AND SAMSUNG SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. IT IS SOLELY YOUR RESPONSIBILITY TO MAINTAIN APPROPRIATE ALTERNATE BACKUP OF YOUR INFORMATION AND DATA.

11. Limitation of Liability
11.1 SAMSUNG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICE OR ANY RELATED THIRD PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU AGREE THAT YOU WILL USE THE SERVICE AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR SOME OTHER TYPES OF LOSS, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, SAMSUNG’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICE OR RELATED THIRD PARTY APPLICATIONS, SHALL NOT EXCEED THE AMOUNT PURCHASER PAID FOR THE SERVICE. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11.2 You acknowledge that the above provisions of Section 11.1 are reasonable given the benefits of the SERVICE and you will accept such risk and/or insure accordingly.

12. Indemnification
The following text only applies if you use the SERVICE as part of your business, trade or profession: You agree to indemnify, defend, and hold harmless Samsung, its affiliates, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the SERVICE, your violation of the rights of any third party, or any breach of these TOS.

13. Applicable Law
The TOS, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of the State of New York, without regard to its conflict or choice of law principles. The TOS shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Samsung may apply for injunctive remedies (or an equivalent form of urgent legal relief) in any jurisdiction.

14. Arbitration Agreement.
This is a legal agreement (“Agreement”) between you (either an individual or entity) and Samsung. Installing or otherwise using the SERVICE constitutes acceptance of this Agreement, regardless of whether you are the original purchaser, user, or other recipient of the SERVICE.
You and Samsung each agree that, subject to Samsung’s right to apply for injunctive remedies set forth in Section 13 above, all disputes between you and Samsung relating in any way to or arising in any way from the Standard Limited Warranty or the sale, condition or performance of the SERVICE shall be resolved exclusively through final and binding arbitration, and not by a court or jury. Any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law.
The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. This Agreement is entered into pursuant to the Federal Arbitration Act. The laws of the State of New York, without reference to its choice of law principles, shall govern the interpretation of the Agreement and all disputes that are subject to this Agreement. The arbitrator shall decide all issues of interpretation and application of this Agreement.
For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant Samsung its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and Samsung shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”) shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs to the extent allowed by the applicable law. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.
This Agreement also applies to claims against Samsung, including its employees, representatives, parents, and other affiliates, if any such claim relates to or arises from the TOS, Standard Limited Warranty, or the SERVICE’s sale, condition or performance.
You may opt out of this Agreement by providing notice to Samsung no later than 30 calendar days from the date of the first consumer purchaser’s purchase or use of the SERVICE. To opt out, you must send notice by e-mail to optout@sea.samsung.com, with the subject line: “TOS Arbitration Opt Out.” You must include in the opt out e-mail (a) your name and address; (b) the date on which the SERVICE was purchased or first used; (c) the Device model name or model number on which the SERVICE is used; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it (the IMEI or MEID or Serial Number can be found (i) on the Product box; (ii) on the Product information screen, which can be found under “Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable; and (iv) on the outside of the Product if the battery is not removable).

15. Survival
Sections 2, 3, 10, 11, 12, 13 and 14 of these TOS, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these TOS, and shall remain valid and binding.

16. Headings
The headings contained in these TOS are for reference purposes only and shall not affect the meaning or interpretation of these TOS.

17. No Waiver
The failure of SAMSUNG to enforce at any time any of the provisions of these TOS, or the failure by Samsung to require at any time performance by you of any of the provisions of these TOS, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Samsung to enforce such provision thereafter. The express waiver by Samsung of any provision, condition or requirement of these TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

18. Entire Agreement
These TOS are the entire agreement between you and Samsung relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

19. Electronic Communications
When you use the SERVICE or send email(s) to Samsung, you are communicating electronically. You consent to receive communications from Samsung electronically by way of email or SMS. You agree that all agreements, notices, disclosures and other communications that Samsung provides to you electronically satisfy all legal requirements. In connection with your use of the SERVICES, Samsung may send you SERVICE announcements, administrative messages, and other information.