Babysense Connect Terms & Conditions

BABYSENSE CONNECT APP TERMS OF USE

IMPORTANT INFORMATION:

BY DOWNLOADING THE APP AND GIVING YOUR CONSENT – YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT DOWNLOAD THE APP.

These Terms of Use (the "Terms", in short) constitute a binding agreement between us, Hisense Ltd., a private company incorporated in Israel, company no. 511583577, with registered place of business at 27 Shaked Street, Hevel Modi’in Industrial Park, Israel, 731990 (“Hisense”, “we”, “us” or “our”) and you and govern your access to and use of the App (as defined below). Please read these Terms carefully before accessing and using the App.

We may update these Terms at any time to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you about such updates or changes, by providing a notification in the App. Your use of the App following any amendment of these Terms will signify your assent to and acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the App.

In order to contact us, you may use any of the following means of communication: Hisense Ltd., email: support@babysensemonitors.com, postal address: 27 Shaked Street, Hevel Modi’in Industrial Park, Israel, 731990, telephone number: (833)-232-4234, or the “contact us” option via the App.

 

  1. DEFINITIONS:
    • App” means the Hisense mobile application, available at Apple App Store ®, Google Play or other mobile or web application platforms or storefronts that allows access to certain services provided by us.
    • User” means any user of the App, including you.
  2. THE HISENSE APP
    • The App allows the User to connect to and view and control certain features of the Babysense Connect monitor via Bluetooth.
    • You can find out more information about the App and its features here: [hisense.co.il].
    • From time to time we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
    • If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App.
    • We may, at our discretion, for any reason, update and change the App and the information displayed in the App from time to time. Such change may include redesign or modification of the organization, structure, specifications, “look and feel,” navigation, features and other elements of the App, the services and products, or any part thereof, as well as any other changes.
    • We do not guarantee that the App, or any service, product or content provided, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our App for business and operational reasons.
  3. YOUR USE OF THE APP
    • License to You
      • Subject to these Terms and our policies (including policies made available to you within the App), we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install access and use a copy of our App on a mobile device that you own or control, solely for your own personal purposes.
      • This license will also govern any updates of the App provided by us that replace, repair, and/or supplement the first App, unless a separate license is provided for such update in which case the terms of that new license will govern.
      • You acknowledge that your use of the App grants you no rights in or to the App or any of our intellectual property rights (including copyright, trademarks and patents) other than the rights relating to the App expressly granted to you under these
    • Content and Marks
      • The content on the App, including without limitation, text, descriptions, products, software, graphics, all page headers, button icons, scripts, interactive features, services, and any other content on the App ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us.
      • Content is provided to you “AS IS” for your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the App. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the App.
      • “Hisense”, “Babysense”, the Hisense logo, and other Marks are trademarks of Hisense or our affiliates’ Marks. All other trademarks, service marks, and logos used on our App are the trademarks, service marks, or logos of their respective owners.
    • Unauthorized use
      • You will and you agree to:
      • comply with all applicable laws in connection with your use of the App. This includes any privacy laws, intellectual property laws, technology control or export control laws, tax laws, and regulatory requirements that apply to the technology used or supported by the App;
      • review and comply with these Terms.
      • You agree NOT to:
      • use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or its operating system;
      • duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found in the App except as permitted in these Terms, or as expressly authorized by us;
      • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to enable the App, or any part thereof;
      • utilize or copy information, content or any data you view on or obtain from the App to provide any service that is competitive, in our sole discretion, with the App;
      • remove any copyright, trademark or other proprietary rights notices contained in or on the App (whether ours or our licensors');
      • collect, harvest, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from the App (except if the owner of such information has expressly permitted the same);
      • access, via automated or manual means or processes, the App for purposes of monitoring its availability, performance or functionality for any competitive purpose;
      • attempt to or actually override any security component included in or underlying the App, including without limitation content filtering techniques; or
      • Interfere or disrupt the App, any servers or networks connected to the App, or the underlying software, including without limitation by way of uploading a virus or any other malware to such.
    • Notices

In connection with your use of the App, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

  1. THIRD PARTIES' LINKS, WEBSITES, AND SERVICES
    • The App may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We are not affiliated with those websites, have no control over those websites, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site.
    • If you access any third party's website, service, or content from our App, you do so at your own risk. By using the App, you expressly release us (and our owners, employees, agents, affiliates, and/or licensors) from any and all liability or responsibility arising from your use of any third-party website, information, materials, products, or services, including any responsibility for monitoring any transaction between you and such third-party, other than as provided herein. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Accordingly, we encourage you to be aware when you have left the App and to read the terms and conditions and privacy policy of each other website that you visit.
  2. DISCLOSURE
    • We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
      • satisfy any applicable law, regulation, legal process, subpoena or governmental request;
      • enforce these Terms, including investigation of potential violations of it;
      • detect, prevent, or otherwise address fraud, security or technical issues;
      • cooperate with law enforcement authorities or prevent child exploitation;
      • respond to user support requests; or
      • protect our, our users' or the public's rights, property or safety.
  1. DISCLAIMER
    • The App and any Content are provided for your convenience and information only but are not a medical device and are not intended to be used as medical devices. The App is not designed to detect or prevent causes of any medical condition and is not a substitute for medical care, professional diagnosis of healthcare providers, or parental supervision. You should never rely on any information displayed in the App for medical information or advice. You acknowledge, understand and agree that your use of the App is entirely at your own risk.
    • EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOUR USE OF OUR APP IS AT YOUR OWN RISK. THE APP IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.. HISENSE SPECIFICALLY DOES NOT WARRANT THAT (I) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY INFORMATION DISPLAYED BY THE APP IS COMPLETE AND CORRECT; OR (V) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF USING THE APP.
    • To avoid data loss, you are required to back-up any data contained in the App. You are aware that in case of alterations or manipulations of the App, you will not have access to the licensed App.
  2. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, DATA, INTANGIBLE LOSSES, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) THE USE OF, OR THE INABILITY TO USE, THE APP; (II) ANY CONDUCT OF ANY THIRD PARTY ON THE APP; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION, TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED [USD 100].

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. THIRD-PARTY RIGHTS; ASSIGNMENT

These Terms do not grant any rights or licenses, and any rights or licenses hereunder are not granted, to any third party, and may not be transferred or assigned by you, but may be assigned by us without restriction or notification to you.

  1. INDEMNITY

You agree to defend, indemnify and hold harmless us, our affiliates, and our and their respective owners, officers, directors, employees, agents, and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the App; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right.

This defense, hold harmless and indemnification obligation will survive any termination of these Terms and your use of the App.

  1. TERMINATION OR SUSPENSION OF YOUR ACCOUNT

These Terms and the license to the App are valid until terminated by Hisense or by you. Your rights under these Terms will terminate automatically and without notice from Hisense if you fail to adhere to any of these Terms. Upon termination, you shall stop all use of the App, and delete all copies of the App.

  1. THIRD PARTY APP STORE

The following additional terms and conditions apply to you if you download the App from either the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third Party Store”). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third-Party Store. You acknowledge and agree that:

  1. These Terms are concluded solely between you and Hisense and not with the providers of the Third-Party Store, and Hisense (and not the Third-Party Store providers) is solely responsible for the App and the content thereof.
  2. The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Hisense is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hisense.
  3. Hisense, not the Third-Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
  4. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, as between us and the Third-Party Store provider, we, and not the Third Party Store provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
  5. The Third-Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
  6. GOVERNING LAW AND JURISDICTION

These Terms shall be governed and construed by the laws of Israel, without respect to its conflict of laws principles. You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

  1. SURVIVAL

To the extent permitted by applicable law, all Sections of these Terms which by their nature should survive termination will survive the termination of these Terms, including, without limitation Sections 1 (Definitions), 3 (Your Use of the App), 5 (Disclosure), 6 (Disclaimer), 7 (Limitation of Liability), 9 (Indemnity),12 (Governing Law and Jurisdiction), 14 (Other Important Terms).

  1. OTHER IMPORTANT TERMS

We reserve the right to discontinue or modify any aspect of the App at any time. These Terms, together with the Privacy Notice, and any other legal notices published by us on the App, shall constitute the entire agreement between us concerning the App. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE APP OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BANNED.

 

Terms and conditions file effective date: 4/8/21