Philips Sonicare Connected App - Terms of Use

What this App does for you when connected with certain Philips Sonicare power toothbrush models:

1. This App communicates with certain Philips Sonicare power toothbrush connected models via a wireless connection and provides you with real time feedback on your brushing and coaching tips to help improve your oral care routine. The Sonicare power toothbrush models that are capable of connecting with this App will indicate they have Bluetooth Wireless connectivity.
2. The Sonicare Connected power toothbrush has Smart Sensors to track your brushing.
3. Depending on your toothbrush model, these smart sensors include:
   - a location sensor to show you where you are brushing too much or too little;
   - a scrubbing sensor to help you reduce excess motion and optimize your brushing technique;
   - a pressure sensor to track brushing pressure and alert you when and where too much pressure is applied to protect your gums;
   - a SmarTimer to ensure you are brushing for time recommended by dental professional in each segment of your mouth: and - an RFID sensor, if using a Philips Sonicare brush head, the sensor automatically suggests a brushing mode for that type of brush head and tracks that brush head's effectiveness.
4. The App synchronizes data from smart sensors to help deliver the following features, depending on your specific toothbrush model:
   - Personalized guidance monitors your habits and coaches you with tailored advice and solutions. This coaching helps to improve your brushing style for consistent, complete coverage. - TouchUp gives you a customized program based on your brushing session data to immediately address missed spots and get a more complete clean; - Brush Head Replacement Monitor tracks your brush head effectiveness based on your brushing time and pressure. The monitor alerts you when to replace the brush head so you get the best results. If using a brush head with RFID sensors, these results we be tracked for each individual brush head; - Dashboard displays your brushing data over time and how you are performing against your goals; - Focus Areas enables you to highlight trouble spots on your personalized mouth map within the Sonicare app, reminding you to give those areas the extra care they need each time you brush - My Appointments enables you to set up and keep track of your dental visits.
5. The App also allows you to communicate with Philips for matters related to your Sonicare Connected power toothbrush.

Please be aware that there is a separate privacy statement applicable for this app. You are sincerely encouraged to read that statement. We encourage you to read on; by using the App, you accept the terms as mentioned below.

Who can use this App?

You must be at least thirteen (13) years of age to use this Philips Sonicare app.

App use and (de)activation

To use the App, you need to download the App and activate the App by connecting the Sonicare Connected power toothbrush as indicated in the instruction for use.

You may only use the App if you accept and comply with these terms and applicable laws. Any use of the App by anyone under the age of 13 is strictly prohibited and is a violation of these terms. If you do not meet the minimum age above, your parent or legal guardian must consent and accept these Terms on your behalf.

You agree to accurately provide all contact and other information requested by Philips and notify Philips promptly of any change in the information.

Updates. Philips 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 connected power toothbrush. You can expect updates to occur on a regularly 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 have no ownership rights in the App software. Rather, you have a license to use this App in connection with the purpose as described above on an Apple or Android device owned or controlled by you. This license is non- transferable and is between you and Philips.

Koninklijke Philips N.V. (KPNV) owns the copyrights, trademarks, service marks, and trade dress rights to all materials and content displayed in the App. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such materials or content to any third party (including displaying or distributing the material using a third party website) without KPNV’s prior written consent. KPNV retains all rights that are not otherwise expressly granted in these terms.

You agree not to publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the App or App software or any part thereof. You also agree not to reverse engineer, decompile, translate, adapt, or disassemble the App software, and you agree not to attempt to create the source code from the object code of the App software.

Fee. The App is offered to you free of charge.

Warranties. Our goal is to provide you with a great App and a great App user experience. Do know that we are only able to provide you the App "as-is" without any warranty with respect to the App or its content. This is among others because use of the App is dependent on external circumstances such as your mobile device, wi-fi network, your internet service provider and mobile device carrier upon which Philips has no influence. Therefore, Philips cannot warrant in relation to the App the: availability, uptime, accuracy of results, accuracy of data, storage of data, accessibility in all countries, reliability of any resulting notifications, any specific level of rewards or other benefit. IN ANY EVENT WE ARE NOT LIABLE FOR AMOUNTS EXCEEDING THE PURCHASE PRICE FOR THE APP.

Your purchase of the Sonicare Connected power toothbrush product is governed by the warranty provided with that product. These terms of use will not impair any warranty rights you have as a consumer in your country of residence.

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 would not work or any content may be lost, please accept our sincerest apologies. We certainly 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.

Suspension, Termination and Discontinuation. These terms of use will remain in full force and effect so long as you continue to access or use the App, or until terminated in accordance with the provisions of these terms. At any time, Philips may (a) suspend or terminate your rights to use the App, or (b) terminate these terms of use with respect to you if Philips in good faith believes that you have used the App in violation of these terms. Upon termination you are no longer authorized to use or access the App.

Philips reserves the right, at any time, to modify, suspend, or discontinue the App or any part thereof with or without notice. You agree that Philips will not be liable to you or to any third party for the exercise of the aforementioned right. We may send you an e-mail message or other communication telling you about the changes and any choices you may have or actions you can take before they go into effect. Your inaction or continued use of the App, after any such notice will tell us that you agree to these changes.

Updated Terms of Use. From time to time, we may update these terms of use. If we do, we will do this by formal communication. We may send you an e-mail message or other communication telling you about the changes and any choices you may have or actions you can take before they go into effect. Your inaction or continued use of the App, after any such notice will tell us that you agree to these changes.

Third Parties and Third Party Fees. It is possible that when you use the App you will also use a service, download a piece of software, or purchase goods that are provided by a third party. Those third party services and products may have their own applicable rules and restrictions, separate from these terms, and you need to abide by them in regard to that third party.

You acknowledge that you are responsible for all fees (such as data usage fees) charged by third parties, such as your ISP or mobile device carrier.

Jailbreak devices. This App is not intended for use on devices on which the operating system does not match the default standard anymore ("Jailbreak Devices"). You agree that you will not attempt to install or use the App on any Jailbreak Device. Any attempt to install or use the App on a Jailbreak Device will constitute breach of these terms, and may result in account termination, without refund, at the sole discretion of Philips. Philips is not liable for any damages resulting from the use on Jailbreak Devices.

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

Sole Point of Contact. Apple and Google are not responsible for the App nor 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 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. Also, you irrevocably grant the mobile application store where you have purchased the App the right (who will be deemed to have accepted that right) to enforce these conditions against you as a third party beneficiary thereof.

You agree that you will not directly or indirectly, export or re-export the App software to any country for which the United States Export Administration Act, or any similar United States law or regulation requires an export license or other U.S. Government approval, unless the appropriate export license or approval has first been obtained.

Have fun!