TERMS AND CONDITIONS
Effective December 19, 2016 LICENCE TERMS AND CONDITIONS - APPLICABLE WORLDWIDE These terms and conditions (“Conditions”) set out important information regarding the rights, obligations and restrictions that may apply to you (“User”) when you use or download the Hue Pro and/or Hue Pro Tasker “Application(s)” available on “Devices” such as cell phones, tablets, and personal computers etc., and any “Services” offered in conjunction with the Application(s). We, Prismatic LLC (“Prismatic”), are a corporation incorporated in Massachusetts, in the United States of America. Prismatic is the owner and provider of Hue Pro and Hue Pro Tasker. Mailing address: P.O. Box 8515 Lowell, MA 01853, USA. You can also contact us by email at email@example.com.
These Conditions may be accessed via the Applications directly from your Device or on our Website at http://www.hueproapp.com. The definitive text of these Conditions is the English (USA) version. By using our Services, you agree to be bound by these Conditions and any applicable laws regarding your use of Hue Pro and/ or Hue Pro Tasker. You must also pay any charges for the Services which may be applicable. DO NOT USE THE SERVICES IF THESE CONDITIONS ARE UNACCEPTABLE TO YOU.
- In the event that you are or become a paying customer of any part of the Application(s) and/ or Services or any other product part of the Hue Pro and/or Hue Pro Tasker offering, Prismatic will provide to you relevant information regarding price, delivery procedure and cancellation options on a case–by-case basis, before completing the payment for your purchase. Any purchase will be effective upon the processing of your payment.
- Once you start using Hue Pro and/or Hue Pro Tasker, you hereby agree to waive any right to a limited period in which you could revoke your purchase or claim a refund upon cancellation of your purchase (also known as a cooling off period) (if any) available to you under any applicable e-commerce regulations or consumer protection laws. In the event a waiver of these rights is prohibited under the law, this cooling off period shall be limited to seven (7) days or (if shorter) the minimum period permitted by law.
- Each time you attempt to interact with Hue Pro and/or Hue Pro Tasker, such as when you create a preset, you will send data for which your network operator will charge at your usual data rates.
- Unless otherwise specifically provided by Prismatic, our licence to you under these Conditions is personal to you and allows you to access and use the Application(s) and the Services only on the Device on which the software was first installed. The licence is not transferrable to another person or another Device without Prismatic’s agreement, which will only be given in exceptional circumstances, or if otherwise expressly provided in these Conditions.
Prismatic reserves the right to limit your identification attempts in any month, or cease to provide its Service to you without further notice. Prismatic may change, suspend or discontinue any aspect of Hue Pro and/or Hue Pro Tasker at any time, including the availability of any feature, database and/ or content. Prismatic may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Where these changes or suspensions would amount to a complete termination of the Services, you may be entitled to a refund of the reasonable part of any charges paid by you. Continued use of the Application(s) and/ or Services may require a download of new releases of software with different functionality and that may have different licence conditions.
AVAILABILITY OF SERVICES
Prismatic will do its best to offer you a smooth service, but Prismatic gives no guarantees that Hue Pro and/or Hue Pro Tasker will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to Customer Services, at firstname.lastname@example.org and Prismatic will attempt to correct the fault as soon as it reasonably can.
Prismatic will occasionally restrict your access to the Services to carry out repairs, maintenance or to introduce new functionality or services and Prismatic will endeavour to keep disruption to a minimum.
New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
LEGAL PROTECTION AND LIMITATIONS
You acknowledge that the Hue Pro and Hue Pro Tasker Applications are licensed by Prismatic to you and are Prismatic’s property. You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Hue Pro and/or Hue Pro Tasker for the purpose of accessing and using the Services.
Except as expressly authorized by Prismatic, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license the content, in whole or in part. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application(s). You will not copy any part of Hue Pro and/or Hue Pro Tasker or rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Hue Pro and/or Hue Pro Tasker to any person.
You agree to not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Hue Pro and/or Hue Pro Tasker.
You agree to not use Hue Pro and or Hue Pro Tasker or export any portion of it in violation of U.S. export regulations.
You represent and warrant that 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 you are not listed on any U.S. list of prohibited or restricted parties.
YOUR USE OF HUE PRO AND/OR HUE PRO TASKER IS AT YOUR SOLE RISK. IN ADDITION, IF YOU OPEN A PORT ON A ROUTER, FOR EXAMPLE SO THAT YOU OR ANOTHER INDIVIDUAL CAN ACCESS THE BRIDGE REMOTELY (“PORT/BRIDGE OPENING”), YOU ARE RESPONSIBLE FOR ANY HARM AND/OR CONSEQUENCES THAT RESULT TO YOU OR OTHERS FROM THE PORT/BRIDGE OPENING. HUE PRO AND/OR HUE PRO TASKER IS/ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PRISMATIC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND STATUTORY REMEDIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRISMATIC MAKES NO WARRANTY THAT (i) HUE PRO AND/OR HUE PRO TASKER WILL MEET YOUR REQUIREMENTS; (ii) DELIVERY OF ANY PORTION OF HUE PRO AND/OR HUE PRO TASKER WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (v) ANY PORTION OF HUE PRO AND/OR HUE PRO TASKER WILL BE OF SATISFACTORY QUALITY, FAULT OR VIRUS FREE OR UNINTERRUPTED OR SATISFY ANY CONDITIONS OF QUALITY AND FITNESS FOR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE APPLICATION, WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY OR LIABILITY NOT EXPRESSLY STATED IN THESE CONDITIONS.
Under no circumstances will Prismatic or its respective parents, subsidiaries, and affiliates, suppliers and their respective owners, officers, manager, members, agents and employees, be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, loss of data or any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses, whether based in contract, tort or otherwise, arising out of or in connection with use of, or inability to use Hue Pro and/or Hue Pro Tasker which Prismatic licenses to you, whether or not we have been advised of the possibility of such damages or loss. In any event, our liability to you shall be limited to typical and foreseeable damage and shall not exceed the maximum amount of fifteen dollars ($15 USD). Some jurisdictions (countries, provinces, states) absolutely prohibit some limitations on liability, disclaimer of warranties or exclusion of direct or consequential damages. In such cases only, the above disclaimers, limitations or exclusions may not apply to you to their full extent.
You hereby indemnify and hold harmless, and upon our request, defend, (1) Prismatic, its affiliates and their respective directors, officers and employees from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Conditions. You will reimburse Prismatic, its affiliates as applicable, on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that Prismatic attempts to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. Prismatic shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. Prismatic shall have the right, at your expense, to participate in the defence thereof under your reasonable direction.
Nothing in these Conditions shall be construed so as to exclude or limit our liability or that of any third party for death or personal injury as a result of negligence. Nothing in these Conditions affects any mandatory statutory rights that you may have as a consumer, except to the extent permitted by law.
Prismatic may assign its rights and obligation under these Conditions without your prior consent to any new provider of the Hue Pro and/or Hue Pro Tasker Services. If any provision of these Conditions is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Conditions.
Prismatic may at any time terminate your account or prevent you from gaining access to Hue Pro and/or Hue Pro Tasker. Prismatic will not be liable to you or to any third party for any failure, suspension and/or termination of access to Hue Pro and/or Hue Pro Taser in any way.
Prismatic may amend these Conditions at any time by posting the amended terms on its Website and/ or by amending the Conditions as they are accessed from the Application(s) on your Device. It is the User’s responsibility to review these Conditions from time to time to check if they have been amended. The effective date of each new version of the Conditions will be included at the top of the Conditions page. If you continue to use the Application(s) and/ or Services or you download any content or upgrade any of the Services after Prismatic have posted any amended terms that will demonstrate that you accept our updated Conditions. Should you not accept these amendments, you may terminate the Services.
Unsolicited Ideas and Feedback
Prismatic welcomes your feedback on what Prismatic are currently doing (both positive and negative). If you want to send us your feedback, Prismatic asks that you email us at email@example.com. Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.
Please do not tell us anything that contains new or original ideas, in respect of which you might want, now or in future, to claim any form of proprietary rights. If, despite our request that you not send us your ideas, you still send them to us, then regardless of what you say to us, you agree that: (i) your submissions and their contents will automatically become Prismatic’s property, without any compensation to you; (ii) you will not assert against Prismatic any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (iii) Prismatic may use or redistribute the submissions and their contents for any purpose and in any way; (iv) there is no obligation for Prismatic to review any material that you submit to us; and (v) there is no obligation to keep any such material confidential.
These Conditions and the relationship between you and Prismatic shall be governed by the laws of the United States of America without regard to its conflict of law provisions. In the event of a dispute, Prismatic wants to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. Prismatic will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within fifteen (15) business days of submission, you or Hue Pro may bring a formal proceeding.
Outside of the United States. You and Prismatic agree to submit to the personal and exclusive jurisdiction of the courts of Massachusetts, in the United States of America.
In the United States. You and Prismatic agree to resolve any claims relating to these Conditions or the Services through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, in Massachusetts, MA, or any other location Prismatic agrees to. The AAA rules will govern payment of all arbitration fees. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You may only resolve disputes with Prismatic on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Prismatic agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Massachusetts, MA. Both you and Prismatic consent to venue and personal jurisdiction there.
- What Information Prismatic Collects and How It Is Collected. Hue Pro and Hue Pro Tasker collects information about you when you interact with our sites or apps. Information You Provide to Us. Audio Through Microphone: Hue Pro and/or Hue Pro Tasker will never access or use your microphone unless you give us explicit permission. This could enable you to control Hue Pro and/or Hue Pro Tasker with your voice and/or music, and you will always have the ability to disable access to the microphone. Alarm Settings: Hue Pro and/or Hue Pro Tasker may collect your Device’s alarm clock information to initialize a new “Schedule” that you create in the app(s). Information Collected Automatically. Prismatic also automatically receive and track certain data about your computer, tablet, or mobile device when you visit our sites or apps, including, but not limited to, your device type, version, and model, device properties such as screen size and dimensions, IP address, crash dates and logs, device alarm clock settings, software and language preference, browser, type of operating system, date and time of viewing, use of our features and purchasing history or preferences. Prismatic may also create a unique device or user ID for you so we can recognize you. In some cases or on some devices, Prismatic may automatically detect or infer your location using GPS, your IP address, watermarks and/or Bluetooth, but often your operating system will require you to grant us permission to access your GPS or Bluetooth settings; please refer to your device’s system settings regarding location services. Prismatic may acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
- How Prismatic Uses Your Information When permitted by applicable law, Prismatic may use your information, including personal data, for the following purposes: (i) to provide you with services including, but not limited to, the display of customized content, integration with our partner apps; (ii) to communicate with you about Prismatic LLC products in order to provide assistance with customer service issues; (iii) to determine when you link from our app to one of our partner apps or services, so that Prismatic can monitor the level of traffic that we generate for our partner apps or services; (iv) to manage Hue Pro’s and/or Hue Pro Tasker’s everyday business needs, such as administration and improvement of the sites/Application(s) and ensure the technical functioning of our products and services; (v) to protect Prismatic LLC’s intellectual property, including its copyrights; (vi) to enforce our Terms and Conditions and prevent fraud; (vii) to comply with laws, requests from government bodies or courts, or to respond to litigation; (viii) to enable us to use a third party to measure the usage of our services by our users, with your consent or where otherwise permitted by applicable law; and (ix) in any other way Prismatic may describe when you provide the information or in any way that you explicitly consent to. Prismatic may also encrypt and/or aggregate your data with other users' data in order to create statistics about the general use of the sites or apps, which helps us to develop new products and services. Prismatic may also share this aggregated data with our business partners and third-party advertisers.
- When and How Prismatic Shares Your Information – Key Facts and How to Opt Out. Prismatic may share your information, such as (but not limited to) your device, IDFA/AAID, browser type, hashed email address, inferred age and gender, and location information (if you have consented to location access), with third parties including law enforcement authorities, if Prismatic determine that doing so is appropriate and in accordance with applicable law to: (i) Enforce our Terms and Conditions, (ii) Obtain payment for our Services, (iii) Protect our intellectual property, services and legal rights, (iv) Prevent physical harm to the persons or property of others, (v) Prevent fraud against Prismatic LLC, Hue Pro and/or Hue Pro Tasker and others, (vi) Support auditing, compliance, and corporate governance functions, (vii) Comply with subpoenas, court orders, or similar legal processes, including to law enforcement agencies, regulators and courts, and (viii) Comply with any and all applicable laws. Prismatic also may share your information with third-party service providers who perform services and functions on our behalf to support our interactions with you. If you choose to make a purchase you will navigate away from the app and be directed to the third-party source. Any information you provide to such third party is provided by you directly to them, and is not received by Hue Pro and/or Hue Pro Tasker. Third-Party Advertisements and Analytics. Consistent with your permission, third parties may collect information, potentially including personal information, about your activities over time and across different websites when you use our sites or apps. Those third parties may also provide us with data collection, reporting, and analytical information. Please note that even if we are affiliated with such third party, Prismatic does not control and cannot be held responsible for the content, activities, policies and practices of such websites and apps regarding your information, and those sites may use the information they collect from you consistent with their own privacy policies. Business Transfers and Corporate Changes. In the event that ownership of Hue Pro and/or Hue Tasker or an operator of one or more of the sites changes as a result of a merger, acquisition, or transfer to another company, your personal data may be transferred. If such a transfer results in a material change in the use of your personal data, then Hue Pro and/or Hue Tasker will provide you with appropriate notice.
- Age Restrictions Our sites or apps are general audience sites not directed at children under the age of 13. As such, if you are under the age of 13, Prismatic has to ask you not to use our sites or apps in any capacity. Prismatic does not knowingly collect data from anyone under the age of 13 and Prismatic does not direct any of its products or services at this age group. Any person who provides their personal information to Hue Pro and/or Hue Pro Tasker through its sites or apps represents that they are 13 years of age or older. If Prismatic becomes aware that we have inadvertently captured any personal data about a person who is under 13 years of age, we will take the appropriate steps to promptly delete their information.
- Your Choices and Control Over Your Information: How to Access and Correct Your Information (and a Special Note to California Residents) You can request to access, correct, update and delete your personal data at any time through the Hue Pro and/or Hue Pro Tasker sites or apps or by sending us an email at email@example.com. Information about your use of the Hue Pro and/or Hue Pro Tasker sites or apps that have been aggregated with other users cannot be deleted. Prismatic will do its best to respond to your request (upon verification of your identity) within a reasonable period of time. California Privacy Rights. California Civil Code Section 1798.83 also permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom Prismatic disclosed personal data (if any) for those third parties’ direct marketing purposes in the preceding calendar year and the categories of data disclosed to those third parties. To make any sort of access request, please email or write to us.
- Data Security and Integrity Please be aware that despite our best efforts, no security measures are perfect or impenetrable. IF YOU OPEN A PORT ON A ROUTER, FOR EXAMPLE, SO THAT YOU OR ANOTHER INDIVIDUAL CAN ACCESS THE BRIDGE REMOTELY (“PORT/BRIDGE OPENING”), YOU ARE RESPONSIBLE FOR ANY HARM AND/OR CONSEQUENCES THAT RESULT TO YOU OR OTHERS FROM THE PORT/BRIDGE OPENING.
- Select Third-Party Partners Prismatic may share your information with third-party service providers who perform services and functions on our behalf to support our interactions with you, including providing our products and services, processing your purchases, hosting product reviews, or communicating with you. Some of the third party partners with whom Prismatic works with include the following (list subject to change): Paypal