TERMS OF SERVICE
IMPORTANT – READ CAREFULLY.
THIS TERMS OF SERVICE (“TOS”) IS A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG ELECTRONICS CO., LTD. AND/OR ITS RELEVANT AFFILIATES (COLLECTIVELY, “SAMSUNG”) FOR Samsung SmartThings (THE “SERVICE”) PROVIDED BY SAMSUNG OR ITS THIRD PARTY SUPPLIERS OR LICENSORS. BY AGREEING TO THESE TOS OR BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS. IF YOU DO NOT AGREE TO THESE TOS, THEN DO NOT INSTALL OR USE THE SERVICE.
Samsung SmartThings, which is the updated brand name for “Samsung Connect”, is an application and related service provided by Samsung. Samsung SmartThings enables you to remotely connect with consumer products compatible with the SERVICE and to which the SERVICE is applicable (“Product”), which are manufactured, distributed, or sold by Samsung. Certain products manufactured, distributed, or sold by third parties may also be available (“Third Party Product”). Samsung SmartThings may be used with compatible Products, which may include washing machines, air conditioners, robot cleaners, cooking appliances, LED lights, smartphones, smartwatches, tablets and smart TVs, for the purposes of (i) controlling the Product, (ii) providing a view of the your home or areas surrounding the Product in real time through the Product’s and/or Third Party Product’s built-in camera and/or sending a smartphone push message when any movement is detected within the your places, or (iii) any other related services compatible with Samsung SmartThings. You should review Samsung’s Product Usage Guidelines available at https://account.samsung.com/membership/etc/specialTC.do?fileName=samsungconnect.html for compatibility information prior to connecting a Third Party Product. You may connect your own Products or Third Party Products directly, be invited by another user to gain control of the Products or Third Party Products through your own device, or invite others to control your Products or Third Party Products. Please note that if you choose to invite another user, that invited user will have full control over the connected device.
THE SERVICE OR CERTAIN FEATURES OF THE SERVICE MAY BE DISABLED OR CEASED IN ACCORDANCE WITH YOUR REGIONAL LAWS, REGULATIONS, OR ANY APPLICABLE GUIDELINES.
THIS TOS SUPPLEMENT THE SAMSUNG SERVICE TERMS AND CONDITIONS (“SERVICE TERMS AND CONDITIONS”) AVAILABLE AT HTTPS://ACCOUNT.SAMSUNG.COM/MEMBERSHIP/TERMS THAT APPLY TO YOUR ACCOUNTS REGISTERED WITH SAMSUNG (THE “SAMSUNG ACCOUNT”). YOU MUST HAVE A SAMSUNG ACCOUNT IN ORDER TO USE THE SERVICE. 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 CREATE A NEW SAMSUNG ACCOUNT BEFORE USING THE SERVICE. 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 THIS TOS SHALL PREVAIL. THESE TOS MAY BE ASSIGNED TO ANY AFFILIATE OF SAMSUNG AT ANY TIME.
1. Grant of License
Subject to the terms of the 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 may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or network operator. If you are under the age of 13, you may not license or use the Samsung SmartThings application. If you are a minor in your jurisdiction and are 13 years or older (“Minor”), you represent that you have reviewed the TOS with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of the TOS. If you are a parent or guardian permitting a 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; and (v) assume responsibility and be bound by the 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. The 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 the TOS. You may not use the SERVICE to reproduce or infringe copyrighted materials, or materials for which you do not have the right or legal approval for reproduction. For serious or repeated violations of a third party’s intellectual property rights, Samsung reserves the right, at its sole discretion, to terminate your right to use the SERVICE..
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, except to the extent that your local law requires you to be able to do so; (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 the TOS, or act fraudulently or maliciously, for example, by infringing any copyright or intellectual property right of others, or 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; or (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. Copyright Dispute Policy
Samsung reserve the right to (i) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by You and (ii) remove and discontinue SERVICE to repeat offenders. Remember that your use of SERVICE is at all times subject to the TOS, which incorporates this Copyright Dispute Policy. Any terms Samsung uses in this Policy without defining them have the definitions given to them in the TOS.
4.1 Procedure for Reporting Copyright Infringements.
If you believe that material or content residing on or accessible through the SERVICE infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information at Samsung Support. Receive Notification of Claimed Infringement:
a. Physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
b. Identification of works or materials being infringed;
c. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Samsung is capable of finding and verifying its existence;
d. Contact information about the notifier including address, telephone number and, if available, email address;
e. A statement that the notifier has a good faith belief that the material identified in 4.1.(c) is not authorized by the copyright owner, its agent, or the law; and
f. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
4.2. Once Proper Bona Fide Infringement Notification is received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to: (i) remove or disable access to the infringing material; (ii) notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and (iii) terminate such content provider's access to the SERVICE if he or she is a repeat offender.
4.3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider has the right to send us a counter-notice containing the following information to the Designated Agent: (i) A physical or electronic signature of the content provider; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and (iv) Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Samsung is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Samsung may send a copy of the counter-notice to the original complaining party informing that person that Samsung may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice to the Designated Agent.
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. Certain Updates may cause older Products, software or setups to no longer work with the SERVICE and Yous may be required to update or upgrade a Product in order to continue using the Service. Updates will be governed by the TOS unless separate terms and conditions are provided with such Updates, in which case the separate terms and conditions shall govern the Updates. Updates for security software, critical bug fixes, or other important Updates may be automatically downloaded and installed, given the importance of receiving such Updates in a timely manner.
By installing the SERVICE, you consent to the activation of the SERVICE by Samsung and to all future updates and upgrades. You can withdraw your consent at any time by closing your Samsung Account. To request assistance, please contact Samsung for Support at Samsung Support.
Samsung expressly reserves the right to change, suspend, remove, limit the use of, or disable access to the SERVICE, including the TOS, or any portion thereof, at any time without notice or liability.
6. Third-Party Services and Content
7. Consent for Collection and Use of Data
8. Data Access
Some features of the SERVICE and updating or upgrading of the Service may require your mobile 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 to the Internet by using 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.
9. Fees and Advertisements
Even though Samsung SmartThings 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.
10. 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 driving laws and regulations.
The TOS are effective until terminated. You can terminate the TOS by closing your Samsung Account. You acknowledge that if you close your Samsung Account, you will be prevented from accessing all services available through your Samsung Account, your Samsung Account details or any files, user contents or third party products that are stored with your Samsung Account. Should you not comply with the TOS, your rights based on the TOS will be automatically terminated without notice from Samsung. Upon termination of the TOS, you must immediately cease all use of the SERVICE. For the purpose of clarity, Samsung may terminate the TOS and the SERVICE for any reason. To request assistance, please contact Samsung for Support at Samsung Support available at http://help.content.samsung.com.
12. Disclaimer of Warranty
CERTAIN PRODUCTS AND/OR THIRD PARTY PRODUCTS MAY NOT WORK, OR MAY CEASE TO WORK WITH Samsung SmartThings DESPITE SUPPORTING THE SAME STANDARDS. SAMSUNG PROVIDES NO GUARANTEE OR WARRANTY OF COMPATIBILITY FOR THIRD PARTY PRODUCTS, EVEN IF THIRD PARTY PRODUCTS ARE ACCESSIBLE THROUGH THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONTRACTUAL CONDITIONS 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, ERROR-FREE, 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.
13. Limitation of Liability
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, 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. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 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 ANY OTHER PROVISION OF THESE TOS, SHALL NOT EXCEED THE AMOUNT YOU PAID SAMSUNG SPECIFICALLY FOR THIS SERVICE, IF ANY. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THE TOS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE THAT THE ABOVE PROVISIONS OF CLAUSES 12 AND 13 ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND THAT YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICES TO AVOID LOSING ANY DATA. SAMSUNG SHALL NOT BE LIABLE FOR ANY DATA YOU LOSE AS A RESULT OF YOUR USE OF THE SERVICES.
You agree to indemnify, defend, and hold harmless SAMSUNG, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the SERVICE (including any actions taken by a third party using your SERVICE), your violation of the rights of any third party, or any breach of the TOS.
15. Applicable Law and Arbitration Agreement
(a) Applicable Law. The TOS is governed by the laws of NY, without regard to its conflict of law provisions. 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.
(b) Arbitration Agreement. This is a legal agreement (“Agreement”) between you (either an individual or entity) and Samsung. Opening the Product packaging, use of the Product, or retention of the Product constitutes acceptance of this Agreement, regardless of whether you are the original purchaser, user, or other recipient of the Product. ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THE LIMITED WARRANTY PROVIDED OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS 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 arbitration provision is entered pursuant to the Federal Arbitration Act. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the TOS. 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. 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 the licensing or use of the Software.
You may opt out of this dispute resolution procedure by providing notice to SAMSUNG no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Product. To opt out, you must send notice by e-mail to email@example.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out e-mail (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number; 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). Alternatively, you may opt out by calling 1-800-SAMSUNG (726-7864) no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Product 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 coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty.
(c) Disputes between users. If a dispute between you and other Users in relation to the SERVICES, or between you and any third party, you agree that Samsung is under no obligation to become involved. In the event you have a dispute with one or more Users, you release Samsung, its officers, employees, agents and successors from claims, 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 the SERVICES.
16. Entire Agreement
The TOS is the entire agreement between you and Samsung relating to the SERVICE and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to the SERVICE or any other subject matter covered by the TOS. If any provision of the TOS is held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect.
Questions or comments, including any reports regarding copyright infringements, may be directed to Samsung at the email address Samsung Support.
17. Changes to TOS
Please check back for amendments to these TOS. If Samsung makes a significant amendment, Samsung may notify You of the changes and provide an opportunity to review amendments before continuing to use the SERVICE.
[Updated , 2018]