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 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
3.2 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
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.
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
9.2 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;
• 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.