Terms of Use – MultiOne Mobile App

VERSION: Jan 2020

Thank you for your interest in the MultiOne Mobile App. This App is offered to you by Signify Netherlands B.V., a Dutch limited liability company, with its principal office at High Tech Campus 48, 5656 AE Eindhoven, the Netherlands

This App will: allow you to configure your product remotely. You may use this App in connection with the configuration of your product on a mobile device owned or controlled by you.

Applicability: Please note that your use of and interaction with this App is subject to these Terms of Use, which remain in full force and effect as long as you continue to use or access the App, or until terminated earlier in accordance with the provisions of these Terms of Use. If you do NOT agree with these Terms of Use, you should NOT access or use the App. By clicking to accept these Term of Use, you acknowledge that you have read all of its terms, and that you understand and agree to be bound by these terms.

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 download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms of Use do not affect your legal relationship with these other companies or individuals. 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 Open Source Terms.(“Open Source Terms”) means 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.

Amendments: These Terms of Use may be amended by Signify at any time. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms of Use and related terms and conditions, if any.

License grant: Signify grants you a personal, non-exclusive, non-transferable, revocable and limited license solely to access the App, to download and use the App’s software and service, and to access the content of the App (“Content”) according to these Terms of Use. 

You are free to stop using our Services at any time. Signify also reserves the right to discontinue, restrict, suspend, refuse or terminate your access or use to the Services or any part thereof at any time. The termination, suspension and discontinuation shall be effective immediately without prior notice.

License Restrictions: You may not 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 or otherwise make available user generated Content that is in violation of any laws, regulation or court order, or for any unlawful, harmful, offensive or abusive purpose; (b) use the App only as intended by Signify; (c) not use the App in any manner that could harm Signify, its licensors, its service providers, or any other person; (d) not republish, reproduce, distribute, display, post or transmit any part of the App; (e) not use the App to violate the security or integrity of any network, computer or communication system, software application, or network or computer device; and (f) comply with any other reasonable requirements or restrictions requested or imposed by Signify. You assume full responsibility for the legal and responsible use of the App.

Upgrades: Signify may, at its sole option, make upgrades to the App available after such posting or by any other means or methods. Such upgrades may be made available pursuant to the provisions of these Terms of Use or the release of such upgrades to you may be subject to your acceptance of another agreement.

Warranties: 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 ANY WEB SITE AND THE APP, THE CONTENT OR USER CONTENT.

Neither Signify nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the App 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 on or in the App) will be correct, complete, accurate, reliable, or otherwise meet your requirements; or (iii) the Content will be uninterrupted, error free, or free of harmful components or that the content will be secure or not lost or damaged.

Liability: IN NO EVENT WILL SIGNIFY, OR ANY AFFILIATES OR OWNERS OR LICENSORS OF, OR AUTHOR OR CONTRIBUTORS TO, THE SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; BUSINESS INTERRUPTION; OR PERSONAL INJURY OR DEATH; LOSS OF CONTENT PROVIDED BY YOU OR ANY DAMAGES RELATING TO YOUR FAILURE TO KEEP YOUR ACOUNT INFORMATION OR PASSWORD SECURE) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE APP OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SIGNIFY' OR ITS AFFILIATES' OR ITS LICENSORS' AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THE SOFTWARE AND APP OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE FEE PAID BY YOU FOR THE APP OR FIVE (5) EUROS, WHICHEVER IS HIGHER. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

You will defend, indemnify and hold harmless Signify and its service providers from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to any third party claim concerning: (a) your use of the App in a manner not authorized by these Terms of Use; (b) violating of applicable law by you; (c) alleged infringement or misappropriation of any third-party rights by your Content submissions.

Ownership: Copyrights and all other intellectual property rights in the App and the Content provided by Signify, its affiliates, licensors, and/or partners, the compilation of data on the App, and the order, sequence and arrangement of this 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.

Termination: These Terms of Use shall terminate (i) at the discretion of Signify, due to your failure to comply with any provision of these Terms of Use; or (ii) if any fee charged by Signify for continued use is not paid in due time; or (iii) upon destruction of your installed copy of the App. Signify' rights and your obligations shall survive the termination of these Terms of Use.

Jurisdiction: These Terms of Use shall be construed, interrupted and governed by the laws of the Netherlands without regard to conflicts of law provisions thereof. Any litigation arising from or relating to these Term of Use shall be filed and prosecuted exclusively before a court of competent subject matter jurisdiction in Amsterdam, however, Signify may enforce its or its Affiliates' intellectual property rights in any court of competent jurisdiction, including but not limited to equitable relief. You hereby consent to the jurisdiction of such courts over you and stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts based on the alleged inconvenience, inefficiency or unfairness of such courts.

Export: You will adhere to all applicable domestic and foreign export control laws and regulations and will not export or re-export any party of (the content of) the App disclosed hereunder without having obtained all required national and international government licenses, approvals, or waivers. 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: These Terms of Use shall constitute the entire agreement between the parties hereto. In the event that you have any other agreement(s) with Signify those agreements are separate and apart from these Terms of Use and these Term of Use shall control the software licensed hereunder and your use and access to the App. Any waiver of these Terms of Use shall only be effective if it is in writing and signed by both parties hereto. If any part of these Terms of Use is found invalid or unenforceable by a court of competent jurisdiction, the remainder of these Terms of Use shall be interpreted so as to reasonably effect the intention of the parties.