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:
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.
4.1. 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.
5.1. 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.
8.1. 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).
11.1. 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:
Andrew C. Brooks
456 University Ave STE 200
Palo Alto, CA 94301-1812
To review SmartThings complete Copyright Dispute Policy, click here. To learn more about the DMCA, click here.
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 firstname.lastname@example.org.
15.2. If a User has deleted their account by mistake, contact us immediately at email@example.com. SmartThings will try to resolve the issue cannot promise to recover or restore anything.