HISENSE APP TERMS OF USE

IMPORTANT INFORMATION:

By downloading the App (as defined below) and giving your consent – you agree to these Terms of use. If you do not agree to these Terms, do not download the App.

These Terms of Use (the "Terms"), along with our Privacy Policy, 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 consent to and acceptance of the revised Terms. If you do not agree to the revised Terms, your only remedy is to discontinue your use of the App.

In order to contact us or in case you have any questions relating to the App and its functions and features, you may contact us via email: support@babysensemonitors.com, or through the “contact us” option via the App.

1. DEFINITIONS:
  1. App” means the Hisense mobile application, available on the Apple App Store®, Google Play or other mobile or web application platforms or storefronts that allow access to certain services provided by us.
  2. User” means any user of the App, including you.
  3. Product” means any item or service offered for sale or licensing by Hisense, including but not limited to Babysense Connect, Sound and light machine, and Babysense See, which is or can be connected to the App. 
2. THE HISENSE APP
    1. The App allows the User to connect to and view and control certain features of the Product via WIFI or Bluetooth, depending on the connected Product.
    2. You can find out more information about the App and its features here: www.hisense.co.il.
    3. From time to time we may, at our discretion and for any reason, automatically update, modify, or change the App, in order to improve performance, enhance functionality, reflect changes to the operating system or address security issues. These changes may affect the information displayed on the App, the design, “look and feel”, navigation, etc. Alternatively, we may ask you to update the App for these reasons.
    4. From time to time we may, at our discretion, release via the App firmware updates to any Product.  Such updates may be automatic, or we may ask you to install the firmware updates available through the App on particular Product(s).   
    5. If you choose not to install App or firmware updates or if you opt out of automatic updates you may not be able to continue using the App or Product, or the App or Product may not operate as intended.
    6. We do not guarantee that the App, or any service, product or content provided, will always be available or be uninterrupted. We may suspend, withdraw, terminate, or restrict the availability of all or any part of our App for business and operational reasons, at our discretion. 
3. THIRD PARTY APP STORE

Pursuant to you downloading the App from the Apple App Store®, Google Play or other mobile or web application platforms or storefronts authorized by us (each, a “Third-Party Store”), the following additional terms and conditions apply to you:

    1. The terms and conditions of such Third-Party Store will apply to you, and you will comply with all such terms and conditions.
    2. The availability of the App is dependent on the Third-Party Store from which you download the App.
    3. We will have the sole responsibility and liability, subject to the Terms, for the App and your use of the App. The Third-Party Store is not responsible nor is it liable for the App or for your use of the App, including but not limited to, the content thereof, providing of any support and maintenance services, or warranty obligations.
    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.
4. YOUR USE OF THE APP
    • License to You
      1. Subject to these Terms, 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.
      2. This license will also govern any updates of the App provided by us that replace, repair, and/or supplement the prior version of the App, unless a separate license is provided for such update in which case the terms of that new license will govern.
      3. 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 limited rights of use relating to the App expressly granted to you under these Terms. We reserve all rights in and to the App not expressly granted to you in these Terms.
      • Content and Marks
        1. 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"), such as “Hisense” and “Babysense”, are owned by or licensed to us.
        2. All Content is provided to you “AS IS” for your informational and personal use only and may not be used, copied, distributed, transmitted, broadcasted, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary rights notices contained therein.
        3. Certain Content, such as recommendations, publications, information and opinions displayed on the App may be created by third parties (“Third-Party Content”). We are not liable for any Third-Party Content. If you believe any Content is inappropriate, you can report it to us via email at: support@babysensemonitors.com or through the “contact us” option via the App.
        • Unauthorized use
          • You will and you agree to:
              1. 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; and
              2. review and comply with these Terms.
          • You agree NOT to:
              1. 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;
              2. 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 in writing;
              3. 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;
              4. utilize or copy information, content or any data (including personal identifiable information) you view on or obtain from the App, including but not limited to, for the purpose of providing any service that is competitive, in our sole discretion, with the App;
              5. remove any copyright, trademark or other proprietary rights notices contained in or on the App (whether ours or our licensors');
              6. attempt to or actually override any security component included in or underlying the App, including without limitation content filtering techniques; or
              7. 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, please see further information on this matter in the Privacy Policy.
          5. THE USE OF PERSONAL INFORMATION BY US

          By using the App, you agree that we will use, process, and disclose any personal information provided by you, in accordance with any applicable law and our Privacy Policy.

          6. DISCLAIMER
            1. The App and any Content are provided for your convenience and information only and are not a medical device and are not intended to be connected to a medical device. 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.
            2. 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. Without limiting the foregoing, Hisense makes no warranty or guarantee of any kind that (i) the App will be secure or available at any particular time or location; (ii) the App will be compatible or work with any particular device; (iii) any defects or errors will be corrected; (iv) any content or software available at or through the App is free of viruses or other harmful components; (v) any information displayed by the App is complete, correct and error free; or (vi) the results of using the App will meet your requirements.
          7. LIMITATION OF LIABILITY

          To the maximum extent permitted by law, under no circumstances will we be liable in any way for any damages including, but not limited to, any losses or damages of any kind, direct or indirect, including intangible, incidental, exemplary, special, punitive, and consequential damages, incurred in connection with: (1) use of or inability to use the App; or (2) any conduct of any third-party on the App.

          To the maximum extent permitted by law, except for in case of gross negligence or willful misconduct, we will not be liable for any breach of duty or obligation, non-performance or malperformance of the App or our services. For the avoidance of doubt, our liability for the abovementioned is limited to direct losses usually and typically foreseeable in such circumstances.

          8. 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; and (iv) your breach of any applicable law or regulation.

          9. 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.

          10. 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.

          11. 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 for the resolution of disputes arising out of or relating to these Terms or your use of the App, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

          12. 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), 4.1.3, 4.3 (Unauthorized Use), 5 (The Use Of Personal Information By Us), 6 (Disclaimer), 7 (Limitation of Liability), 8 (Indemnity),11 (Governing Law and Jurisdiction), 12 (Survival) and 13 (Other Important Terms).

          13. OTHER IMPORTANT TERMS

          These Terms will remain in full force and effect for so long as you use the App, or until terminated by us in accordance with these Terms. 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.

          .Terms of Use file effective date: November 08th, 2022

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