OSRAM LIGHTIFY Terms of Use (U.S.A. & Canada)

Thank you for your interest in the OSRAM LIGHTIFY connected lighting solution. The LIGHTIFY solution includes: a mobile application (Application); lamps, luminaires, other lighting devices, and Gateway (Products); and associated cloud services (Services). These Terms and the LIGHTIFY Privacy Policy govern your use of the Application and Services offered by OSRAM SYLVANIA in the U.S.A. and Canada. The Privacy Policy describes the collection and processing of information from users of the Products, Application and Services by OSRAM SYLVANIA. Your purchase of any Product is governed by the limited warranty provided with that Product and the policies of the retailer you purchased it from.

1) Consent to terms

By clicking "I accept" button or using the Application, you agree to be bound by these Terms of Use and Privacy Policy, including any amendments, which will remain in effect as long as you use or are permitted to use the Application and Services. If you do NOT agree to all of these terms, you should NOT use the Application or Services and uninstall the Application from your mobile device.

If you purchased the Products from an authorized retailer without an opportunity to review the Terms of Use and Privacy Policy, and do not accept these terms, you may be eligible to return the Products subject to the retailer’s return policy.

2) Access to the Services

You must register an account to use the Services. The registration information must be truthful and accurate. Your use of the Services must comply with all applicable laws and regulations, including export controls. You agree to securely maintain your password and login information to prevent others from gaining access without your permission. You are responsible for all activities occurring under your account. OSRAM SYLVANIA is not liable for any loss or damage arising from your failure to comply with these requirements.

You agree not to: (a) transmit or distribute any code intended to harm or change a network, computer, mobile device, the Services, the Products or the software embedded in the Products (Product Software); (b) interfere with, disrupt, or attempt to gain unauthorized access to the servers and networks connected to the Services, or violate the policies of those networks; or (c) attempt to access the Services other than through the interface provided by OSRAM SYLVANIA.

The use and availability of the Services depends on your mobile device and carrier, electrical service, Wi-Fi network, and Internet service provider (“ISP”). You are responsible for all fees charged by your ISP, utility or mobile carrier for your use of the Services, and the compatibility of your equipment. OSRAM SYLVANIA is not responsible if the Application, Products or Services do not function or are unavailable because of problems with your mobile device, electrical service or internet connectivity.

The Products, Application and Services are not intended for use in critical or security-related applications. We do not guarantee the Services will be available 100% of the time. There will be sporadic interruptions, failures and suspensions for a variety of reasons, including: loss of internet connection; power failure; system failure; or maintenance. We cannot guarantee advance notice of any planned outages. Your access to the Service is subject to these limitations and OSRAM SYLVANIA is not responsible for any damages caused by failure or delay of the Services. You will not be entitled to any compensation for any temporary suspension of Services.

The Services are based in the U.S.A., for access and control of Products located in the U.S.A. and Canada. Access to the Services may not be available in all locations outside the U.S.A. and Canada and your use in other jurisdictions may be restricted by local law.

3) License Grant and Restrictions

The Application, Product Software and Services (including updates, patches and upgrades) are licensed and not sold. OSRAM SYLVANIA grants you a personal, revocable, non-exclusive, non-transferable, limited right to install and use the Application and Services through your mobile device to control Products in your property, subject to these Terms of Use.

You may not, or allow others to: (a) decompile, reverse engineer, disassemble, or decrypt the Application, Products or Services; (b) make any modification to or derivative work from the Application, Product Software or Services; (c) violate any policies, laws or regulations governing your use of the Application and Services; (d) remove, alter or obscure any proprietary notice of OSRAM SYLVANIA or its licensors; (e) use the Application, Products or Services to create a competitive or similar product or service; or (f) remove, disable, circumvent or workaround any copy protection, rights management or security features of the Application, Products or Services.

These Terms are between you and OSRAM SYLVANIA and not with any mobile application market, e.g. Google Play or the Apple Inc. App Store (“Mobile App Store”). Your ability to download and use the Application 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 Application or Services.

4) Intellectual Property Rights

The Application, Product and Services contain proprietary and confidential information that is protected by intellectual property laws and treaties. The Application, Product Software and Services are the intellectual property of OSRAM GmbH, OSRAM SYLVANIA and their licensors, who reserve all rights not expressly granted in the Terms of Use.

User Content. You may choose to submit comments, suggestions, or ideas about the Application, Products and Services. OSRAM SYLVANIA and its Affiliates may use, copy, modify, publish, or redistribute the submission for any purpose and in any way without paying any compensation to you. You may post or allow the Application to access other content, such as photos, to use features of the application. By posting this content, you grant OSRAM SYLVANIA, its Affiliates and service providers a limited license to use the content to provide the Services and support you requested or enabled.

Trademarks. All trademarks, logos, and service marks (“Marks”) displayed on the Application, Products and Services are the property of OSRAM GmbH and its licensors and are used with permission by OSRAM SYLVANIA. You are not permitted to use any of the Marks without the prior written consent of OSRAM or its licensors.

Open Source Software. The Application, Product Software and Services incorporate software subject to a license agreement that conforms to the Open Source Initiative’s Open Source Definition (http://www.opensource.org) (Open Source Software). The Open Source Software license agreements, source code, and copyright disclosures can be found at: http://www.osram.com/opensource.

5) Updates

OSRAM SYLVANIA may develop patches, bug fixes, updates, and upgrades to offer new features or improve the performance of the Application, Products and Services. The latest versions of the Application and Product Software may be required for certain functionality. These may be automatically installed without providing any notice or receiving any additional consent.

6) Security

OSRAM SYLVANIA cares about your security and the security of your personal information. However, OSRAM SYLVANIA 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 that can monitor and control the Products in your property.

7) Energy Savings and Performance

OSRAM SYLVANIA does not promise any energy savings or other monetary benefit from the use of the Application, Products or Services. Energy savings, if any, will vary based on usage and utility rates.

The Application and Services allows you to control the Product settings. If your choice of settings causes the Products to operate outside of recommended limits you will void the warranty and potentially cause other harm, e.g. overheating. You are solely responsible for any damages resulting from excessive or abnormal use of the Products and Services.

8) Third Party Products and Services

You may choose to interface the Products with devices or services made by others (Third Party Products and Services). OSRAM SYLVANIA does not control or make any warranties about 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. OSRAM SYLVANIA 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 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.

9) Limited Warranty

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

10) Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, OSRAM SYLVANIA, ITS AFFILIATES, SUPPLIERS AND LICENSORS ARE NOT LIABLE FOR PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION, PRODUCTS AND SERVICES, EVEN IF THE DAMAGES WERE FORESEEABLE OR OSRAM SYLVANIA WAS ADVISED OF THEIR POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

11) Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. 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 in effect.

12) Termination

OSRAM SYLVANIA may suspend or terminate your rights to use the Application and Services without prior notice if it reasonably believes that you failed or intend to fail to comply with any of these provisions, or violate any applicable law, regulation, license or terms of service.

13) Changes to these Terms

OSRAM SYLVANIA may change these Terms of Use, and will notify you of any changes by e-mail or through the Application. Your continued use of the Application or Services following notice of any changes means you have accepted these changes.

U.S. Patent No. 8,392,561.

OSRAM is a registered trademark of OSRAM GmbH

LIGHTIFY is a trademark of OSRAM GmbH.