Samsung Smart Home Terms of Service

Welcome to Samsung Smart Home.

PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR SAMSUNG SMART HOME (“SAMSUNG SMART HOME ToS”) CAREFULLY BEFORE USING SAMSUNG SMART HOME.

Samsung Smart Home (“Samsung Smart Home” or “the Service”) is a mobile application and related service provided by Samsung Electronics Co., Ltd. and its affiliates (collectively, “Samsung”, “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 Samsung to which the Service is applicable (“Product”) - including, but not limited to, washing machines, air conditioners, robot cleaners, cooking appliances, LED lights, smartphones, smartwatches, tablets and smart TVs – 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 Samsung Smart Home ToS governs the legal relationship between Samsung and You as related to Your use of Samsung Smart Home. Your use of Samsung 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 Samsung may adopt from time to time.

This Samsung Smart Home 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 Samsung Smart Home. The Service Terms and Conditions form an integral part of this Samsung Smart Home ToS. In case of any inconsistency or conflict between the Samsung Smart Home ToS and the Service Terms and Conditions, the terms of the Samsung Smart Home ToS shall prevail but only as specifically related to Samsung Smart Home.

1 Acceptance of the Terms and Conditions

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

1.2 SAMSUNG SMART HOME 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 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 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 Samsung Smart Home, You agree to: (i) exercise supervision over the minor's use of Samsung Smart Home; (ii) assume all risks associated with the minor’s use of Samsung Smart Home, 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 Smart Home, including applicable payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the minor.

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

2 Grant of License and Restrictions of Samsung Smart Home

2.1 Samsung Smart Home is available for qualifying Samsung devices. If Your Samsung device qualifies for the use of Samsung Smart Home, in consideration of Your agreeing to comply with these Samsung Smart Home ToS, Samsung grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use the Samsung Smart Home service for Your personal use and in respect of your domestic premises only, provided that You comply fully with this Samsung Smart Home ToS. You shall not interfere or attempt to interfere with the operation or use of Samsung Smart Home 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. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of Samsung Smart Home at any time, and in no event shall Samsung 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 Samsung Smart Home 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) Samsung Smart Home in whole or in part.

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

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

2.5 Use of Samsung Smart Home 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 Samsung Smart Home involves hardware, software, and Internet access, Your ability to use Samsung Smart Home 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 Samsung harmless from such damages.

2.7 Samsung Smart Home 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 Samsung Smart Home.

3 Your Use of Samsung Smart Home

3.1 In order to use Samsung Smart Home, 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 Samsung Smart Home 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 Samsung Smart Home may be linked to Partner Products and/or their related services (“Partner Services”) and other Samsung 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 Samsung 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, Samsung 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 Samsung Smart Home service that results from the act or omission of a Partner. Samsung 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 Samsung.

3.3 You may not use Samsung Smart Home for commercial purposes or for any purpose that is unlawful or prohibited by the Samsung Smart Home ToS. You shall not use a Product as a camera in a publicly open place or to record others without their consent. Samsung 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) Samsung Smart Home 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 Samsung Smart Home or the devices running Samsung Smart Home (including but not limited to avoiding or disabling Samsung’s technical protections in the Service). You may not use any automated tool other than software and hardware approved by Samsung. Samsung 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 Samsung Smart Home ToS, Samsung may immediately suspend or terminate Your right to use Samsung Smart Home without notice to You.

4 Intellectual Property, Ownership

4.1 You acknowledge that Samsung Smart Home is proprietary to Samsung and its licensors, and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between You and Samsung, Samsung owns and shall continue to own all right, title and interest in and to Samsung Smart Home, including all associated intellectual property rights under the above referenced applicable laws. This Samsung Smart Home ToS and Your use of Samsung Smart Home does not grant You any ownership interest in or to Samsung Smart Home, and You are granted only a limited license to use that is revocable in accordance with the terms of this Samsung Smart Home 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 Samsung. You shall neither lend, sub-lend, sub-license, sell, assign, pledge, nor transfer the Service.

4.2 Samsung Smart Home may include software and data provided by third parties.

5 Protection of Privacy and Content

Samsung may collect personal data of the User as required for his/her use of the Service with consent from the User. Samsung is committed to the protection of Your personal data. To learn more about how Samsung 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 Samsung Smart Home ToS.

6 Fees and Advertisement

Even though Samsung Smart Home is initially offered to You only with free-of-charge features, 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 Samsung Smart Home.

7 Indemnification

By using Samsung Smart Home, You agree to 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 (collectively, "Claims") arising out of (i) any use of Samsung Smart Home by You or by any person that You allow to use Samsung Smart Home that is not in accordance with the terms of the Samsung Smart Home ToS, (ii) any breach of this Samsung Smart Home ToS by You or by any person that You allow to use Samsung Smart Home, 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 Samsung Smart Home.

8 Warranties and Disclaimers

Samsung Smart Home is provided “as is” and You acknowledge that Samsung Smart Home has not been developed to meet Your personal requirements. Samsung makes no warranties or guarantees that Samsung Smart Home: (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 Samsung Smart Home 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. Samsung 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 Samsung 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 Samsung Smart Home 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. Samsung Smart Home is provided for domestic and private use only. You agree not to use Samsung Smart Home for any commercial or business purpose and Samsung 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 Samsung Smart Home 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, Samsung Smart Home ToS shall have precedence as far as the Samsung Smart Home 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.