Version: May, 2019
Signify Netherlands B.V., a limited liability company with its office at High Tech Campus 48, 5656 AE Eindhoven, the Netherlands ("Signify” or also referred to as "us”, “our", or terms of similar meaning ") allows you (or also referred to as "you”, your", or and terms of similar meaning) to use its Interact Office Workspace mobile application (“the App”) for use in connection with the Interact Office system (“the System”). You are granted user rights for the App upon request of your employer (in case you are an employee) and/or your client (in case you are a contractor, sub-contractor or a consultant) (“Customer”) with whom Signify (or one of its Affiliates) has entered into an agreement with respect to the System.
These Terms of Use must be read together with the agreement between Signify and Customer with respect to the System, including additional, separate supply, distribution or sales contracts, if applicable (“Terms and Conditions”). The Terms and Conditions are not amended by these Terms of Use and will remain in full force and effect. In the event of ambiguity, conflict or inconsistency between these Terms of Use and the Terms and Conditions, these Terms of Use will prevail. You acknowledge that any breach by you or your Customer of these Terms of Use will constitute a breach of these Terms of Use by you and/or Customer and Signify is entitled to enforce these Terms of Use against you and/or Customer.
Scope: This App helps you to:
- find desks quickly based on availability, nearby amenities and preferences.
- find and book meeting rooms on-the-go with option to cancel ones that are not needed
- control light levels and adjust light based on preferences (only available for IAO wired)
- locate the nearest facilities on the floor
Applicability: These Terms of Use take effect when you click the “I Accept” button or check box presented with these Terms of Use. Please note that your access to, use of and interaction with this App is subject to these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE THE APP. These Terms of Use and all terms, policies and guidelines incorporated by reference in these Terms of Use will remain in full force and effect as long as you continue to access or use the App, or until terminated earlier in accordance with the provisions of these Terms of Use. Any access or use to the App by anyone under the age of 18 is strictly prohibited and is a violation of these Terms of Use.
Privacy: Protection of personal data of our end users is important to us. You acknowledge and agree that Signify will process Personal Data in accordance with Signify ’s privacy notice which is available on http://www.signify.com/global/privacy under the “Legal information” section. Please read the pop up notices provided in the App carefully which will inform you about the information required by us to be able to provide you additional functionalities of the App.
Usage Data: You acknowledge and agree that Signify may collect information and data generated from your use of the App (“Usage Data”). Signify shall ensure that the use of Usage Data will exclude any data personal data. Signify will be entitled to use the Usage Data, free of charge, at any time during the term of these Terms of Use and afterwards, in its sole discretion and for any purposes whatsoever, including but not limited to, aggregate or compile Usage Data with other data, create intellectual property rights or derivative works of or modify or adapt Usage Data to provide, maintain, and improve products and services, and develop new products, features or services.
Access to the App: Using the App requires you to be registered as a user. When Customer applies for a user account, Customer will provide us with your valid, current and verifiable email address, which will be used to create an account for the App. You have the possibility to change the password of your account and instructions for doing so can be found in the App. In the event that delivery of such password change information fails for any reason, your access or use of functions or features requiring such registration may be refused or terminated.
You are solely responsible for maintaining the confidentiality of your user account, user name and password. The user account, user name and password is strictly for you and it is not allowed to share the foregoing details with anyone else. You are also solely responsible for restricting access to your (mobile) device(s) on which you use this App. You accept responsibility and liability for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. We may, at our own discretion and at any time, suspend and/or block access or use to the App for any reason whatsoever, including security reasons.
Third party services and Open source software: Sometimes when you use the App you may (as a result of, or through your use of the App) use a service or access a piece of software, which is provided by another person or company. Your use of these other services or software may be subject to separate terms between you and the company or person concerned. If so, these Terms of Use do not affect your legal relationship with these other companies or persons. If the App contains a third party software or component or an open source software or component then the use of such software or component shall be subject to the terms of use of such third party software or component or such open source software or component. Your license rights under these Terms of Use do not include any right or license to use, distribute or create derivative works of the App in any manner that would subject the App to the terms of any license that require as a condition of use, modification and/or distribution of a work, the making available of source code or other materials preferred for modification, and/or the granting of permission for creating derivative works, and/or the reproduction of certain notices or license terms in derivative works or accompanying documentation, and/or the granting of a royalty-free IP license to any party (“Open Source Terms”)
Amendments: From time to time, we may amend or update these Terms of Use. If we do, we communicate this through the App. If we make a major change in the important points of these Terms of Use, we may alert you to the changes in a more prominent way. Your interaction or continued use of the App, including accessing the App, will confirm your agreement to these changes and the amended Terms of Use. You are advised to regularly review these Terms of Use and related documentation (as defined in and related terms and conditions for updates, if any).
Affiliates: For purposes of these Terms of Use, “Affiliates” means any and all companies, firms and legal entities with respect to which now or hereafter Signify N.V. directly or indirectly (i) holds 50% or more of the nominal value of the issued share capital or ownership interest; (ii) holds 50% or more of the voting power at general meetings; and/or (iii) has the power to appoint a majority of directors and/or otherwise direct their activities.
Right to use: Subject to the Terms and Conditions and these Terms of Use Signify grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited right solely to access and use the App and to access the content of the App (“Content”) on behalf of the Customer in connection with the System and in compliance with the relevant operating instructions and other documentation provided by Signify, and for no other use than the System.
Restrictions: You shall not, and you shall not permit any third party to (a) reverse engineer, decompile, or disassemble the App, except to the extent that applicable law expressly prohibits the foregoing restriction; or (b) modify or adapt the App, merge the App into another program or create derivative works based upon the App. You agree to (a) not use the App in violation of any laws, regulation or court order, or for any unlawful or abusive purpose or in violation of these Terms of Use; (b) use the App only as intended by Signify in relation to the System; (c) not use the App in any manner that could harm Signify, its licensors, service providers, other users or any other person; (d) not republish, reproduce, distribute, display, post or transmit any part of the App, and comply with any other reasonable requirements or restrictions requested or imposed by Signify at any time. You are fully responsible and liable for the legal and responsible use of the App.
Upgrades, updates: Signify may, at its sole option, make upgrades or updates to the App and/or the System, and may do so remotely without notifying you. Updates or upgrades are subject to these Terms of Use, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern that part of the App. If you do not want such updates or upgrades, your sole remedy is to cease using the App altogether. Your continued use of the App implies deemed acceptance of such updates and upgrades by you.
Disclaimer of Warranties: THE APP, ALL CONTENT AND USER GENERATED CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". SIGNIFY AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE APP, THE CONTENT OR USER CONTENT. NEITHER SIGNIFY NOR ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS WARRANTS OR MAKES ANY REPRESENTATIONS THAT (I) THE ACCESS TO AND/OR USE OF THEAPP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP (INCLUDING ANY INFORMATION AND MATERIALS OR CONTENT ON OR IN THE APP) WILL BE CORRECT, COMPLETE, ACCURATE, SECURE, RELIABLE, OR OTHERWISE MEET YOUR REQUIREMENTS.
Limitation of Liability: IN NO EVENT WILL SIGNIFY, OR ANY AFFILIATES OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SAVINGS, LOSS OF REPUTATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE AND/OR YOUR USE OF THE APP WHETHER OR NOT SUCH DAMAGES ARE BASED ON TORT, WARRANTY, CONTRACT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIGNIFY’S (INCLUDING ITS AFFILIATES LICENSORS OR OTHERWISE) AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE APP OR CONTENT SHALL NOT EXCEED THE AMOUNT OF FIFTY EURO (€50.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your Indemnity: You agree to indemnify and hold harmless Signify, its Affiliates, users and suppliers from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other content you submit on the App or your use of the App in violation of these Terms of Use and/or applicable law.
Confidentiality: This App, including any Content (but excluding user generated content) on or in the App (“Information”) are all confidential information of Signify. You shall not discuss, exchange, share, disclose and/or otherwise make the information available with and/or to any party other than Signify and/or its Affiliates without Signify’s prior written approval.
Ownership: Copyrights and all other intellectual property rights in the App and the Content provided by Signify, its Affiliates, licensors, and/or partners, including the compilation of data on the App, the algorithms, configurations, interfaces and the order, sequence and arrangement of the App, are solely owned by Signify and/or its Affiliates, partners or licensors. All rights are reserved. You may not use the Content and the App other than expressly permitted in these Terms of Use. Signify and its Affiliates or its licensors retain ownership of all its rights in Content and in and to the App, and except as expressly set forth herein, no other rights or licenses are granted or implied to be granted under any Signify intellectual property.
Feedback: Signify will be free to use in any way or form any ideas, suggestions, feedback or recommendations by you to Signify regarding the App or System ("Feedback") without payment of royalties or other consideration to you. Signify will own all intellectual property rights in Feedback and will be free to use such Feedback for any purpose whatsoever in its sole discretion.
Termination: All rights granted to you under these Terms of Use shall terminate upon (i) termination of the Terms and Conditions with Customer; or (ii) upon request from Customer; or (iii) notice by Signify to Customer upon breach or these Terms of Use. Upon termination of such rights you shall not access or use the App in any manner. Signify’s rights and your obligations shall survive the termination of your rights.
Governing Law and Forum: The laws of the Netherlands govern these Terms of Use, without regard to conflict of law principles. Any legal action or proceeding arising out of or in connection with these Terms of Use that cannot be settled through consultation in good faith within thirty (30) days after notice from a party that a dispute exists, will be brought exclusively in the courts of Amsterdam, The Netherlands, provided that Signify will always be permitted to bring any action or proceedings against Customer in any other court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Nothing in this section will be construed or interpreted as a limitation on Signify’s right under applicable law to seek injunctive or other equitable relief, to take any action to safeguard its possibility to have recourse.
Export: You will not export or re-export any part of (the content of) the App. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Miscellaneous: You irrevocably grant Apple the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third- party beneficiary thereof. Any software used or provided to you in relation to the App is licensed according to these Terms of Use and not sold to you or Customer. No rights to any intellectual property rights are conferred to you or Customer or any third party other than explicitly granted under these Terms of Use. Failure by Signify to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision. If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, then that determination will not affect the continued validity, legality, enforceability, and effectiveness of the remaining provisions of these Terms of Use.