CONNECTLIFE END USER LICENSE AGREEMENT
This End User License Agreement ("EULA") governs and regulates the use of the Application, Device and the Smart Services, and is a legal agreement between the end user (referred to as “you or your”) and ConnectLife, LLC, and/or any company within the Hisense Group ("we" or "us" or "our" or "ours").
IF YOU WANT TO USE THIS APPLICATION
Please read this EULA carefully. By using the Application, installing and/or using and/or accessing the Smart Services through the Application, you agree to be legally bound and abide by this EULA. Your use of the Application and/or the Smart Services indicates that you have read and accepted this EULA and any other applicable terms. By using the Application and/or the Smart Services, you acknowledge and accept our Data Protection Policy (available at https://en.connectlife.io/connectlife/privacy_policy.html) and consent to the collection and use of your data and information in accordance with our Data Protection Policy. If you do not wish to agree to this EULA or the Data Protection Policy, you must not access or use the Application and/or Smart Services in connection with the Application (as defined herein).
- 1. IMPORTANT DEFINITIONS
- 2. USE OF APPLICATION
- A) USE OF THE SMART SERVICES THROUGH THE APPLICATION
- B) GRANT OF LICENSE
- C) SOFTWARE UPDATES
- D) TRANSFER / RESALE / USE BY THIRD PARTIES
- 3. USE RESTRICTIONS AND PROHIBITIONS
- 4. CUSTOMER SERVICE COMMUNICATIONS
- 5. PRIVACY AND DATA PROTECTION POLICY
- 6. WARRANTIES AND LIABILITIES
- 7. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
- 8. INDEMNIFICIATION
- 9. GOVERNING LAW AND JURISDICTION
- 10. CLASS ACTION WAIVER
- 11. ACTIONS REQUIRED BY LAW
- 12. ASSIGNMENT OR TRANSFER
- 13. WAIVER AND SEVERABILITY
- 14. ENTIRE AGREEMENT
- 15. CHANGES TO END USER LICENSE AGREEMENT
- 16. CONTACTING YOU
- 17. CONTACTING US
1. IMPORTANT DEFINITIONS
2. USE OF APPLICATION
A) USE OF THE SMART SERVICES THROUGH THE APPLICATION
Access to the Smart Services through the Application requires registration and creation of a user account. Such registration may require providing personal information to us or third parties and choosing a unique, secret password that may not be shared with others. Any personal information provided by you to us will be protected in accordance with our Data Protection Policy. The information marked with * during the account registration process is required to be filled in with complete and accurate information. You shall not use any third-party personal information to create an account in connection with the use of the Application, and you are not allowed to access others' accounts.
The Application is utilized to manage devices that are compatible with it. The functionalities provided by the Application vary depending on the type of device and the country in which the device is used.
For security reasons, certain functionalities of the Application require not only a command prompt from the Application but also manual confirmation or activation on the Device itself. With certain devices, it is possible to disable the requirement for manual confirmation or activation, thereby enabling the direct initiation of these devices outside the home network (Permanent Remote Start). The activation of Permanent Remote Start may involve additional risks when starting the Device remotely (e.g., the presence of objects in the device that could cause damage to the device itself or surroundings), and you assume full responsibility for these risks.
Smart Services are intended for use by persons who reached their the local legal age as adults. If you have not reached local legal age, or are otherwise restricted from using the Smart Services, please discontinue using the Smart Services immediately. If you have not reached the local legal age, you must have a parent or guardian's approval prior to using the Smart Services. By using any portion of the Smart Services, you accept this EULA and are certifying that you have reached the local legal age as an adult, or you have parental or guardian’s consent to use this Application when you have not reached the local legal age. Any use by individuals not of such age shall be considered a violation of this EULA. The use of any portion of the Smart Services is restricted solely to personal use and no other uses are permitted.
WE RESERVE THE RIGHT TO BLOCK OR TERMINATE ANY USER ACCOUNT IN THE EVENT WE REASONABLY SUSPECT/DETERMINE THAT THE USE OF THE APPLICATION OR SMART SERVICES IS IN VIOLATION OF THIS EULA, INCLUDING CREATING ACCOUNTS WITH FALSE INFORMATION.
All Smart Services accessible through the Application and Device may be changed, suspended, removed, terminated, or interrupted, or access may be denied, blocked or disabled at any time, without notice, and we make no representations or warranties that any Smart Services will remain available for any period of time. We may impose limits on the use of, or access to, or disabling, removal or suspension of certain Smart Services in any case and without notice or liability. You must accept this EULA and the Data Protection Policy if you wish to use the Smart Services accessible on the Application.
B) GRANT OF LICENSE
C) SOFTWARE UPDATES
D) TRANSFER / RESALE / USE BY THIRD PARTIES
3. USE RESTRICTIONS AND PROHIBITIONS
You may not use any portion of the Application, Device and Smart Services for any purposes other than as permitted herein, including but not limited to illegal activity, to impersonate or falsely claim affiliation with any person or entity, to post, upload, transmit or disseminate any obscene, unreasonably offensive or any information that may negatively impact our reputation, goodwill and/or the Smart Services. Except as expressly permitted by this EULA, and except to the extent provided for by applicable laws, you may not disassemble, reverse engineer, and/or tamper with the Application, or transmit hidden or malicious code or collect information of other users through the Application. You are not permitted to copy, edit, modify, alter or create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Application, unless expressly permitted by us in writing, or to the extent permitted under the laws applicable to you, and you will not permit or grant a license to any third party to do so. You may not take any action to interrupt the functionality of or tamper with the Application or its servers. You may not in any manner attempt to gain unauthorized access to 1) any portion or feature of the Application; 2) the Smart Services, or any other systems or networks connected to the Device; 3) the Smart Services or to any of our controlled server; or 4) to other services offered on or through the Application.
WE RESERVE THE RIGHT TO BLOCK, DENY OR TERMINATE YOUR ACCESS TO THE SMART SERVICES WITHOUT PRIOR NOTICE IF YOU FAIL TO COMPLY WITH THE FOREGOING TERMS AND CONDITIONS IN THIS SECTION 3.
4. CUSTOMER SERVICE COMMUNICATIONS
5. PRIVACY AND DATA PROTECTION POLICY
ConnectLife, LLC is committed to respecting your privacy and the confidentiality of your personal data. We employ reasonable administrative, technical and physical security measures to help protect your personal data.
As stated above access to the Smart Services through the Application requires registration and creation of a user account and concluding this agreement. Within the user account any individual can also register the Device bought or used by him.
For user registration and the conclusion of the license agreement, we will process the following personal data:
- title (mr, mrs),
- name and surname,
- language of communication,
- address,
- phone number,
- e-mail address.
During the usage of the device (and depending on the type of device), we will perform data analysis related to the usage of the device. For this purpose, we will process the following data:
- appliance’s data (brand, model, serial number),
- installation date of the device,
- data on pairing the device with our cloud (appliance paired, pairing type and timestamp)
- operation of the appliance (commands sent to an appliance, appliance settings, status and statistics, notifications, appliance alarms and errors, service ticket requests, timer and automation)
- data detected by the device's sensors, which are important for the operation of the device (e.g. data regarding technical performance, data related to possible error messages, temperature, humidity, air quality, etc.),
- booking log (for public laundry)
- food images from appliances and time-lapse videos (in the case where those materials contain an image of any person, we assume you informed them about this and obtained their consent for this purpose)
- user behavior analytics,
- device booking,
- resource (water, electricity) consumption,
- food and drink storage and preferences,
- appliance and user’s location data (and nearby providers of services and goods).
If you allow another user (regardless of whether through your account or his own account) to use devices through the application, data about the use of devices created by the additional user will also be stored, whereas in the case where you allow another user to use your account, we are not able to differ between different users of the same account and all personal data will be linked to the initial user. However, the initial user is obliged to inform other users of the same account about the stated fact and the content of this license agreement and data protection policy.
In order to connect the appliance to the cloud via local WIFI users have to insert also data about Service Set IDentifier (SSID) and a password. However, those data are used only for pairing the appliance with the Wi-Fi module and will be processed until the user cancels the device distribution network.
In case of acquiring your specific consent, we may use those data also for non-contractual purposes (recommendations for the use of a device, direct marketing and personalized offers) where we can recommend content through ads and notifications.
Beside the purposes stated above we may use non-personal data (data that cannot be tracked back to you) related to the usage of our appliances for our internal statistical purposes.
To learn about how we protect and handle your personal data and other information when you use the Smart Services, visit our Data Protection Policy (available at your account registration process before you click "CREATE ACCOUNT").
6. WARRANTIES AND LIABILITIES
TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION, DEVICE, THE QUALITY, PERFORMANCE AND ACCURACY OF SMART SERVICES USED OR ACCESSED THROUGH THE APPLICATION IS SOLELY THE RESPONSIBILITY OF YOU. TO THE EXTENT PERMITTED BY LAW, UNLESS OTHERWISE PROVIDED BY US IN WRITING, THE APPLICATION IS PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES, TERMS, REPRESENTATIONS, CONDITIONS OR UNDERTAKINGS OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO, BUT NOT LIMITED TO, THEIR QUALITY, RELIABILITY, PERFORMANCE, PURPOSE, OR ACCURACY.
TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS WITH RESPECT TO ALL ASSOCIATED RISKS FROM THE USE OF THE APPLICATION, OR DEVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THAT THE SMART SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE DEVICE IS OR WILL BE COMPATIBLE WITH ALL SMART SERVICES, OR THAT THE OPERATION OF THE APPLICATION OR SMART SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
YOU AGREE TO ASSUME ALL RISKS OF USING THE APPLICATION, SMART SERVICES, AND, TO THE EXTENT PERMITTED BY LAW, NOT TO HOLD US OR ANY OF OUR HOLDINGS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, LICENSORS OR ADVERTISERS RESPONSIBLE FOR ANY DAMAGES, LOSSES, OR HARM, TANGIBLE OR INTANGIBLE, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, LOSS OF PROFIT, REVENUE, INTEREST OR BUSINESS, OR CORRUPTION OF DATA OR ATTORNEY'S FEES ARISING FROM THE USE OF THE APPLICATION AND SMART SERVICES. WE DO NOT GUARANTEE THAT THERE WILL BE NO INTERRUPTIONS, DELAYS OR INACCURACIES IN THE SMART SERVICES AND DO NOT GUARANTEE THE CONTINUED AVAILABILITY OF SUCH SMART SERVICES. DUE TO THE VARIOUS CAPABILITIES OF DEVICES FEATURING THE SMART SERVICES, AS WELL AS LIMITATIONS IN THE AVAILABLE SMART SERVICES OFFERED VIA THE APPLICATION, CERTAIN FEATURES AND/OR SMART SERVICES MAY NOT BE AVAILABLE ON ALL DEVICES OR IN ALL TERRITORIES OR MAY CHANGE OVER TIME. SOME FEATURES ON THE SMART SERVICES MAY ALSO REQUIRE ADDITIONAL PERIPHERAL DEVICES THAT ARE SOLD SEPARATELY.
WE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF PROFIT, REVENUE, INTEREST, BUSINESS OR CORRUPTION OF DATA, ATTORNEY FEES, EXPENSES, OR ANY OTHER LOSS OR DAMAGES, INCLUDING PUNITIVE DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, ANY SMART SERVICES CONTAINED IN, OR AS A RESULT OF THE USE, OF THE APPLICATION, OR ANY SMART SERVICES ACCESSED OR USED BY YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS UPON US WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS EULA MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF THESE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ABLE TO DO SO, OUR LIABILITY UNDER THOSE PROVISIONS WILL BE LIMITED, AT OUR OPTION, IN THE CASE OF SERVICES TO (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND, IN THE CASE OF GOODS, TO (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED.
YOU ASSUME FULL RESPONSIBILITY FOR ANY DAMAGES, LOSSES, COSTS, OR HARM ARISING FROM YOUR USE OF THE SMART SERVICES. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITIES WITH RESPECT TO YOUR USE OF THE SMART SERVICES (REGARDLESS OF WHETHER OR NOT SUCH USE REQUIRES REGISTRATION OR CREATION OF A USER ACCOUNT). IF ANY PORTION OF THIS EULA ARE ILLEGAL OR UNENFORCEABLE OR THERE IS A CLAIM THAT WE HAVE BREACHED ANY OF THIS EULA, IT DOES NOT AFFECT OR INVALIDATE THE OTHER TERMS. THIS EULA MAY NOT BE WAIVED OR MODIFIED WITHOUT WRITTEN CONSENT FROM US.
7. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
8. INDEMNIFICIATION
9. GOVERNING LAW AND JURISDICTION
10. CLASS ACTION WAIVER
11. ACTIONS REQUIRED BY LAW
12. ASSIGNMENT OR TRANSFER
13. WAIVER AND SEVERABILITY
No waiver by us of any term or condition set forth in this EULA shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any our failure to assert a right or provision under this EULA shall not constitute a waiver of such right or provision.
If any provision of this EULA is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the EULA will continue in full force and effect.