PHILIPS SONICARE FOR KIDS TERMS OF USE

 What this App does for you:

1. Provides you with information about Philips' Sonicare products.
   
2. Allows you to communicate with Philips about matters related to your Philips Sonicare for Kids.
   
3. Communicates with your Philips Sonicare for Kids power toothbrush via a wireless connection with the goal of keeping children engaged while they're learning to brush their teeth properly.
   

• The App ensures that a countdown timer commences at the start of a brushing session, and kids are encouraged to brush in time with a fictional character within the App. The character's mouth acts as a visual guide and the timer is synced with each brushing segment of the character's mouth, helping kids to learn proper brushing techniques in a fun and interactive way.
  
• The game within the App is designed to engage with kids and parents for approximately 60 days, which is intended to be long enough to help establish a solid, healthy brushing routine.
  
• The App also tracks brushing sessions and times accurately, allowing both parents and dental practitioners to monitor and track brushing performance and set goals for kids.
  
• Finally, kids “feed” the characters in the App different types of food in order to keep them healthy and learn about healthy eating for their oral health and overall health.
  

We encourage you to read on; by using the App, you accept the terms as set out below.

Other things you should know about this App:

Parental Supervision: Parents and legal guardians should supervise their children's tooth brushing until they are satisfied that good oral hygiene habits have been established.

Privacy: The App collects or uses personal information in connection with your downloading or use of the App. Privacy laws in various jurisdictions may govern the collection and use of such information (such as the Children's Online Privacy and Protection Act). When required by applicable law, you will be required to provide to Philips verification of your age and your consent to the collection and use of such information. Philips values and respects your privacy. Please see the privacy notice in the App for further details.

Updates: We will provide necessary App updates for a period of at least two (2) years in addition to six (6) months after we have discontinued the sale of that Philips Sonicare for Kids connected power toothbrush. You can expect updates to occur on a regular basis for general maintenance of the App. These updates can modify features, enhance functionality, improve security through patches and bug fixes, and enhance the App’s general operations on your connected toothbrush. We strongly encourage you to accept these updates to ensure proper functioning of the App on your supported device. 

Licence: You may use this App in connection with the purpose as described above on an Apple or Android device owned or controlled by you. This licence is non-transferable and is between you and Philips.

Third parties: It is possible that when you use this App you will (also) use a service, download a piece of software or purchase goods that are provided by a third party. Please note that those third parties may have their own applicable rules and restrictions, separate to these conditions of use.

Warranties: Our goal is to provide you with a great App and a great App user experience. Do note that we are only able to provide you the App “as-is”. Although we would love to, we unfortunately cannot warrant anything about the App or its content.

Liability: As much faith as we have in our App, there is always the possibility that things don't work as they are supposed to. In the unfortunate event that the App does not work or any content is lost, please accept our sincerest apologies. We totally understand that it is unfortunate and inconvenient. Unfortunately, to the maximum extent permitted by applicable law, we cannot accept any liability for any damages incurred as a result of your use of the App. IN ANY EVENT, WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE PURCHASE PRICE FOR THE APP.

Jurisdiction: These conditions of use shall be construed, interpreted and governed by the laws of the state of New York without regard to conflicts of law provisions thereof.

Sole point of contact: Apple is not responsible for the App or its content. Therefore, you should contact Philips via www.philips.com/support for any questions, support, product claims and third-party intellectual property claims related to this App.

Finally: You represent and warrant that (i) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist-supporting” country; and (ii) you are not listed on any US Government list of prohibited or restricted parties. Moreover, you irrevocably grant Apple the right to enforce these conditions against you as a third-party beneficiary thereof, where said mobile application store shall be deemed to have accepted said right.

Enjoy!

ANNEX I

ADDITIONAL TERMS APPLICABLE TO USERS OF THIS OFFERING IN THE EUROPEAN UNION

To the extent that Regulation (EU) 2023/2854 (the 'EU Data Act') applies to the Parties in relation to the Offering, and the Offering or a part of it qualifies as a Connected Product and/or a Related Service under the EU Data Act, the following terms shall apply.

Definitions
Capitalized terms used in this clause (e.g. Data Holder, User, Connected Product, Related Service, Product Data, Related Service Data) shall have the meaning given to them in the EU Data Act.

Roles of the Parties
Philips acts as the Data Holder of the relevant Connected Product and/or Related Service.

For the purpose of these Terms, if you are the Adult account holder in the App, you qualify as User under the EU Data Act, with the right to access both Product Data and/or Related Service Data of each child/minor user authorised by you to use the Product(s) and the App, where relevant.

For details on the categories of information that qualify as Product Data and/or Related Service Data applicable to this Offering, please refer to the documentation provided by Philips in connection with the Offering.
 

Access to Data
If you do not already have direct access to your Product Data and/or Related Service Data, you may request access to specific Product Data or Related Service Data under this Agreement. Any such request must be submitted in writing and include: (i) the legal basis and rationale for the request, and (ii) sufficient information to allow Philips to verify the identity of the User in relation to the relevant Connected Product or Related Service.
 

Conditions and restrictions on data disclosure
If a legally valid data access request is submitted, Philips may, at its discretion, decline the request or suspend ongoing data sharing (if already initiated) in any of the following cases:

a. Personal data concerns: i) the requested data contains personal data, and ii) the User is not the data subject and iii) Philips determines that there are no valid legal bases under applicable data protection law to make the personal data available.

b. Trade secret protection: i) Philips deems the requested data qualifies as a trade secret under applicable law, and ii) its disclosure would reasonably be expected to cause serious economic harm to Philips or to a third-party trade secret holder; iii) the Parties are unable, despite good faith efforts, to reach an agreement on adequate technical and organizational protective measures.

If Philips agrees to disclose Product Data or Related Service Data that contains personal data or trade secrets, in addition to any terms and conditions established in a separate agreement, the User shall: i) implement and maintain appropriate legal, technical, and organizational measures to ensure the confidentiality, integrity and lawful processing of such data; ii) refrain from disclosing such data to third parties without the prior written authorization of Philips; iii) remain fully liable for any unauthorized use, disclosure, or breach; iv) not modify, disable or circumvent any technical protection measures implemented by Philips.

If Philips agrees to disclose Product Data or Related Service Data, User may use such data solely for lawful purposes and in accordance with this Agreement. User  expressly agrees not to: i) use the data to develop, or support the development of, products or services that compete with Philips’s products or services, nor share the data with a third party with that intent; ii) use the data to derive insights into Philips’ economic situation, assets and production methods; iii) exploit vulnerabilities or gaps in Philips’s infrastructure to gain unauthorized access to data; iv) share the data with any third party that holds significant control over access to digital markets or platforms; v) use the data in any manner that violates applicable legal or regulatory obligations. 

Use of Data
User hereby authorizes Philips and its Affiliates to use any readily available Product Data or Related Service(s) Data for the following purposes:

a. performing any agreement with the User or activities related to such Agreement;

b. providing support (e.g. maintenance, troubleshooting), warranty, guarantee or similar services or assessing User’s or third party’s claims (e.g. regarding malfunctions) related to the Offering;

c. monitoring and maintaining the functioning, safety and security of the Product, service and/or intellectual property therein and ensuring quality control;

d. complying with applicable laws, including obligations imposed on Philips in its capacity as manufacturer of the Product under product and sector-specific regulations and standards.

e. improving the functioning of any product or service offered by Philips;

f. developing new products or services, including artificial intelligence (AI) solutions, developed by Philips, by third parties acting on behalf of Philips or in collaboration with other parties or through special purpose companies (such as joint ventures);

g. validating product or service performance and substantiating technical or marketing claims;

h. generating anonymized or aggregated data or creating derived data, for any lawful purpose (including with the aim of making available such data to third parties).

i. sharing these data with third parties provided that: i) the third party uses the data only to support Philips in carrying out the purposes listed above, or to pursue those purposes together with Philips; and ii) Philips puts in place binding contracts requiring the third party to: use the data only for the agreed purposes, protect the data with appropriate technical and organizational safeguards, and not share the data further. Philips may always use service providers, such as cloud computing, hosting, or similar services, to achieve the agreed purposes listed above.

Philips undertakes to apply appropriate protective measures for the data that are reasonable in the circumstances, considering the state of science and technology, and the costs associated with the protective measures.