TERMS OF USE: SYLVANIA SMART+ Products and SYLVANIA Smart WiFi App
(United States and Canada)

Effective Date: January 15, 2020

Thank you for your interest in SYLVANIA SMART+ Products. The SYLVANIA SMART+ solution includes: the SYLVANIA Smart WiFi application ("App"); SYLVANIA SMART+ lamps, luminaires, and other products ("Products"), and third-party applications and services. These Terms of Use govern your use of the App and Products offered by LEDVANCE in the United States (LEDVANCE LLC) and Canada (LEDVANCE Ltd./Ltée) (collectively "LEDVANCE"). 

1) Consent to terms

These Terms of Use are a binding contract between you and LEDVANCE. By purchasing the Product or downloading the App to your mobile device or using the App or Product, you agree to be bound by these Terms of Use and LEDVANCE's Privacy Policy and Privacy Notice for California Residents, including any amendments, which will remain in effect during and after your use of the App or Product. If you do not agree to all of these terms, you should immediately cease use of the App and Product and uninstall the App from your mobile device. 

If you purchased the Product from an authorized retailer without an opportunity to review the Terms of Use, Privacy Policy, and Privacy Notice for California Residents and do not accept these terms, you may be eligible to return the Product subject to the retailer's return policy.
 
You are not permitted to access or use the App or services if you are not over the age of 13 or otherwise able to agree to these Terms of Use.

2) License Grant and Restrictions 

The App and Product software (including updates and patches) are licensed and not sold to you ("Software"). LEDVANCE grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Software to control your Product, subject to these Terms of Use.

You may not, nor may you allow others to: (a) decompile, reverse engineer, disassemble, or decrypt the App, Product, or Software; (b) make any modification to or derivative work from the App, Product, or Software; (c) violate any policies, laws, or regulations governing your use of the App, Product, or Software; (d) remove, alter, or obscure any proprietary notice of LEDVANCE or its licensors; (e) use the App, Product, or Software to create a competitive or similar application, software, or product; or (f) remove, disable, circumvent, or workaround any copy protection, rights management, or security features of the App, Product, or Software.

These Terms of Use are between you and LEDVANCE and not with any mobile application market, e.g., Google Play or Apple Inc.'s App Store ("Mobile App Store"). Your ability to download and use the App may depend on your compliance with the Mobile App Store's own terms and conditions. The Mobile App Store is not responsible or liable for your use of the App or Products.

3) Intellectual Property Rights 

The App, Product, and Software contain proprietary and confidential information that is protected by intellectual property laws and treaties; and are the intellectual property of LEDVANCE, its affiliates or their licensors, who reserve all rights not expressly granted in the Terms of Use.

User Content. You may choose to submit data, feedback, comments, suggestions, or ideas about the App and Product, for which you shall automatically grant LEDVANCE and its affiliates, agents and assigns an irrevocable assignment and an unlimited, non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, copy, distribute and make derivate works. LEDVANCE and its affiliates and third party partners may use, copy, modify, publish, or redistribute the submission for any purpose and in any way without paying any compensation to you. 

Trademarks. All trademarks, logos, and service marks ("Marks") displayed on the App or Product are the property of LEDVANCE, its affiliates, or licensors and are used with permission by LEDVANCE. You are not permitted to use any of the Marks without the prior written consent of LEDVANCE or its affiliates and, if applicable, its licensors.

4) Updates and Changes to the App or Product

LEDVANCE is constantly trying to improve our App, Products. and Software, which will change over time. LEDVANCE may develop patches, bug fixes, and updates, to offer new features or improve the performance of the App, Product, and Software. LEDVANCE may suspend or discontinue any part, feature or application of the App, Product, or Software, or we many introduce new features or impose limits on certain features or restrict access to parts or all of the App, Product, and Software. In some cases, the changes LEDVANCE makes to the App, Product, and Software may cause older hardware devices, third party services, software configurations or setups to no longer work with the App, Product, or Software, and you may be required to update or change these devices, services, configurations or setups in order to continue using the App and/or Product. LEDVANCE will try to give you notice when we make a material change to the App, Product, and Software that would adversely affect you, but this is not always practical or possible. 

5) Privacy

Protecting the privacy of your personal data is important to LEDVANCE. LEDVANCE conducts our business in compliance with applicable laws on data privacy protection. This Terms of Use is subject to and incorporates the (i) Privacy Policy and (ii) Privacy Notice for California Residents. The Privacy Policy describes the collection, processing, use and storage of personal information from users of the Product and App by LEDVANCE. The Privacy Policy and the Privacy Notice of California Residents can be found by clicking here.

6) Security 

LEDVANCE cares about the security of your personal information. LEDVACE uses a combination of technical, administrative, and physical controls to maintain the security of your data. LEDVANCE, however, cannot guarantee that our security will never be compromised or that unauthorized parties will never access your personal information. You provide your personal information at your own risk. You are solely responsible for securing your home network and connected devices and should monitor any unauthorized or suspicious use of the App or Product. Always be sure to secure your login credentials for on-line access. If you have a security-related concern, please contact us.

7) Mobile Services Carrier and Provider Data Charges

Please be aware that the terms and conditions you agree to with your mobile services carrier or provider may apply fees, limitations and restrictions which might impact your use of the App and third-party applications. For example, your mobile service carrier or provider may impose data usage charges for your use of the App and third-party applications, including downloading the App, or other use of your mobile device when using the App. You agree to be solely responsible for all such fees, limitations and restrictions. 

8) Energy Savings and Performance

LEDVANCE does not guarantee any energy savings from the use of the App or Product. Energy savings, if any, will vary based on usage and utility rates.

You are solely responsible for any damages resulting from excessive or abnormal use of the Product and App and for failure to comply with any instructions, guidelines and warnings for the Product.

9) Third Party Products and Services 

You may choose to use or connect the App or Product with devices or services of others ("Third Party Products and Services"), such as Apple HomeKit, Amazon Alexa, and Google Home, or other third-party applications, cloud services, or hardware. LEDVANCE does not control or make any warranties for Third Party Products and Services. Your use of Third Party Products and Services will be governed by the terms and conditions of the provider of that product or service, including any notice or policies concerning data privacy and security. LEDVANCE and its affiliates, suppliers and licensors are not responsible for your use of any Third Party Product or Service or any personal injury, death, property damage, or other harm or losses, including to your data privacy and security, resulting from your use of Third Party Products or Services. If you have questions about Third Party Products and Services you should contact the provider.

10) Open Source

Some third party software used in providing the App, Products or Third Party Products and Services are subject to open source licenses. Please view an Acknowledgement here.


11) Limited Warranty 

THE APP AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE." LEDVANCE DOES NOT WARRANT THAT THE APP AND SOFTWARE WILL BE UNINTERRUPTED, RELIABLE, SECURE, ERROR-FREE, OR COMPATIBLE WITH ANY THIRD PARTY PRODUCT OR SERVICE. LEDVANCE AND ITS SUPPLIERS AND LICENSORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE APP AND SOFTWARE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

The warranty referenced above, and listed within these Terms of Use, is limited to the App and Software. For information regarding the Product warranty, please review Product packaging or go to www.SYLVANIA.com/Warranty


12) Limitation of Liability 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, LEDVANCE, ITS AFFILIATES, SUPPLIERS AND LICENSORS DISCLAIM LIABILITY FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH, AND FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING FOR LOST PROFITS, LOSS OF GOODWILL OR BUSINESS OPPORTUNITIES, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP AND PRODUCT, EVEN IF THE DAMAGES WERE FORESEEABLE AND THE PARTIES WERE ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEDVANCE'S LIABILITY TO YOU FOR DAMAGES HEREUNDER EXCEED THE TOTAL PURCHASE PRICE OF THE PRODUCT(S) PAID BY YOU IN THE PRECEDING TWELVE (12) MONTHS.

13) Disputes

Any dispute or claim relating in any way to your use of the Product, App and Software must be resolved by binding arbitration, rather than in court, in the state of New York. The Federal Arbitration Act and federal arbitration law apply to this agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filings, administration, and arbitrator fees will be governed by the AAA's rules. 

You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial. You also agree that LEDVANCE may bring suit in court to enjoin infringement or other misuse of intellectual property rights. 

14) Governing Law

These Terms of Use will be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regards to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are expressly excluded. If any provision of these Terms of Use is made or found to be unenforceable, the remainder of the provisions shall continue to be in effect.

15) Termination 

LEDVANCE may suspend or terminate your rights to use the App, Product and Software without prior notice if it reasonably believes that you failed to comply with or intend to violate any of these provisions, or any applicable law, regulation, rules, license, or terms of service of LEDVANCE or third parties. LEDVANCE also may suspend or terminate your right to use cloud services for any irregular use.
 
16) Changes to these Terms 

LEDVANCE reserves the right to change these Terms of Use at any time. LEDVANCE will notify you of any changes by e-mail, if you have provided it, or through the App. If you do not agree with the revised Terms of Use, you are free to reject the new terms by immediately deleting the App and discontinuing use of the App and Products. Your continued use of the App or Product following notice of any changes means you have accepted these changes.