1. Relationship between you and Withings.
An Interface Application (Hereinafter “Interface Application”) is a software developed by Withings, composed by a graphic interface, that can be used in particular through your Smartphone or your Internet browser, and from which you interact with the features that are made available to you by the Interface Application and allowing you to save, store, access your data, such as identifying data. Withings’ Interface Applications are the following:
- Withings Health Mate;
- Withings Challenge;
- Withings Health Mate (Website version);
- Withings Baby Compagnon;
- Tracking Crazy by Withings;
- Wiscale pour iPad;
- Withings Health Station;
- Withings Home;
A Hardware Application (hereafter “Hardware Application”) is a software developed by Withings, designed to allow an interaction between your smartphone and a Withings’ device. The Hardware applications are designed to be integrated and attached to a Withings Product, allowing you to use the Product and that may save data, such as identifying data in the Product.
As a user, you acknowledge and guarantee:
- To be of age and aware of legal regulations or to have the signing authority;
- That you Have the right to access and use the Application.
We advise you to frequently consult the Withings Services Terms and Conditions and to save the latter version on durable media.
By using an Application, you may be subject to other terms and conditions in particular whenever:
- Purchasing a Product or a service through the Website. In such case, you shall also refer to our General Sales Conditions.
4. Prerequisite for Applications usage, downloading and update
a. Interface Application
You must download the Application on your personal medium before using it. This medium can be your personal Smartphone or the web browser of your computer (hereafter "Support "). Interface Applications download, exchange of data between the Interface Application and Withings server requires an Internet network connection that you have to supply. However, some Applications can be used without Internet connection. The Internet connecting quality and the speed processor of the Support are essential elements for the use of Interface Applications. Prerequisite can be found on our website. For more information please contact our customer service department.
Downloading an Interface Application should not be considered as a presumption that your Support is compatible with the Application and/or any Withings Product. Before any use, you are responsible to check if your Support and the Interface Application and/or Withings’ Products are compatible.
You must comply with the terms and conditions attached to the online store used to download the Interface Application.
The Interface Applications update will be set up in accordance with the political update edited by the manufacturer of the Support and/or the manufacturer of your operating System. We hereby inform you that the Interface Application update may include substantial modifications of (1) the Interface Application and /or (2) functionality available through the Interface Application. We are unable to guarantee the continuity and permanence of any functionality available through the Interface Application. They may vary depending form where you download or connect yourself to the Interface Application.
b. Hardware Application
You may use a Hardware Application as soon as you turn on a Withings Product.
Hardware Application are regularly automatically updated. Updates can be performed without prior notification. If you do not want your Product to be updated, you must disassociate it from the Interface Application and prohibit any connection between the Product and the Internet. Some features and functionality may no longer be available.
You are informed that:
- An update of the Hardware Application may include substantial modification of the Hardware Application and/or of the Product features and functionality.
- Withings can hold updates of the Hardware Application without any prior notification for any reasons.
- We are unable to guarantee the continuity and permanence of any feature and functionality available through the Hardware Application. They may vary depending from where you download or connect yourself to the Interface Application.
5. Your Use of the Applications
Data retrieved and presented to you through an Application may not be accurate due to an inappropriate use of the Application, Product or Support. As a consequence, you may not use such data as a specific basis in a Health plan.
By using an Application, you shall not:
- Make any use of the Application in contradiction with any law or regulations, third party rights such as Intellectual Property rights, Privacy etc.;
- Act in any manner that shall create any prejudice to Withings, its affiliate, partners or any user of our Applications, Products and Services;
- Fraudulently introduce any data on the Application or through the Application;
- Fraudulently introduce any data on the Website or on Withings’ data server;
- To interfere, obstruct, distort the proper working of the Site or to use the Site in any manner whatsoever to interfere with any Rights of third parties or Withings;
- Undertake any action and/or use any method allowing data to be retrieved, including Data scraping, data harvesting, Web crawling from the Website or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the Website;
- Introduce in the Application any identifying data that a health professional such as a doctor happened to see by any direct or indirect mean.
- To probe, scan, and technically analyse the Application;
- To test the vulnerability, the performance and functionality of the Application for reasons other than the ones strictly necessary to use the Application;
- Breach of any security measures implemented on the Application by Withings;
- To use any illegitimate means to breach any authentification method, implemented by Withings in order to enable connection by the user to the Application and/or to the purchasing module;
- To access and to maintain yourself into any section of the Application that is not specifically accessible to you by the usual use of the Application.
6. Connection and identification
Your identification through an account is requested before any connection, access and use of an Interface Application.
By connecting an Interface Application and a product, you identify yourself as the user of the Product. This connection allows you to:
- Link data collected by to Product to your account;
- Have access to your data through the graphic interface of the Interface Application;
You should create an account, you are requested to follow a set of requirements in order to avoid that a third party will have access to your account. Therefore, you have to verify that your password is sufficiently secured (composed with enough characters, mixed cases, and varied alphanumerical characters, etc.), disconnect your session when you disconnect from the Site. Access to your account and/or any other means at your disposal to get connected to the web Site is made under your own liability. We remind you that access to your account can provide access to your personal data. We strongly recommend you to activate the functionality adding a second password security in accordance to connect to your account through the Application.
Any Connection to your account from a third party and to which you have given you prior consent is your own responsibility. We cannot be responsible for all the personal data communicated to one or several parties through an authorization given implicitly or explicitly by you to one or several parties. Leaving the Application without logging-out, or not adding a second password security, must be considered as an implicit authorization.
7. Intellectual Property
a. Application Interface
When you download, install and/or use an Interface Application, we, or any third party specifically designated for this purpose, grant you a personal, non-transferable, non-assignable, non-sub licensable license, non-exclusive, strictly limited to the purpose of this agreement and to the country from which you connect and use the Application or any of its updates, to all Intellectual Property rights attached to the connection and use of the functionality offered by Withings or any third party designated for this purpose by Withings.
This licence does not grant you the right to undertake any operation of reverse-engineering, extraction, de-compiling, improvements, modification, marketing, renting, licencing, translation of the Interface Application.
Unless otherwise specified, the right hereby granted may apply to any updates and evolution of the Interface application. However, some functionality or features may be available through a specific licence especially if these functionality or feature is produced by a third parties, although integrated into the Application (hereinafter “Third Party Functionality”).
b. Hardware Application
When you use a Hardware Application, we, or any third party specifically designated for this purpose, grant you a personal licenced attached to the Hardware Application incorporated in and attached to your Withings Product (identified through the MAC number), transferable, assignable and sub licensable to a new user of the Product, for a normal use of the Product and to the country from which you connect and use the Application or any of its updates, to all Intellectual Property rights attached to the connection and use of the functionality offered by Withings or any third party designated for this purpose by Withings. You hereby are informed that the Hardware Application are not sold to you and your rights attached to it are strictly limited to this licence.
This licence does not grant you the right to undertake any operation of reverse-engineering, extraction, de-compiling, improvements, modification, marketing, renting, licencing, translation of the Hardware Application.
c. Application’s Visual Elements
The Application is composed of elements such as text, interfaces, photographs, charts, pictures, browsing means, trademarks, logo, graphics, design, music, artworks, computer code, software, fonts or any other element containing any Intellectual property rights held, owned, controlled by Withings or licenced to Withings to be incorporated into the Application. (Hereinafter “Application Element”).
This licence does not grant you the right to undertake any operation of reverse-engineering, extraction, de-compiling, improvements, modification, marketing, renting, licencing, translation of the Website or all or part of any Application Element.
8. Third Party Functionality
We may introduce functionality or feature developed and produced by third Parties into the Application in the purpose to provide you additional functionality and features. You may agree to the Third Party terms and conditions when using this functionality or feature. As a third party to this contract, we are not liable for any use and direct or indirect consequence attached to the use of such functionality or feature.
9. Data Protection
We may collect and record some personal data when you use a Product, the Website, an Application or any of its feature. Shall be considered as a Personal data (hereinafter “Personal Data”) any information relating to an identified or identifiable natural person. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
Any collection and proceeding of personal data must be carried out with your prior and freely given consent.
We grant you the right of access to and the right to rectify any data concerning You by contacting our customer service department or:
By Mail: Withings – 2 rue Maurice Hartmann, 92130 Issy les Moulineaux - FRANCE
By email: firstname.lastname@example.org.
You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.
10. Data Hosting
By using an Interface Application, you may allow Withings, or any third party designated for this purpose, to store data collected when using a Product and/or an Application and/or functionality allowed by a Product and Application. You may not be able to access to your data at all time, as we cannot guarantee you that your data will be available forever. We therefore recommend you to frequently save your data through the means provided in the Interface Application.
The following applies to :
- The Website
- The Applications
- Hosting services
- The API
- Any improvements of the above.
The following does not apply to :
- The Products
Unless required by any mandatory legal provision, the Website, the Applications, Hosting services, the API and improvements of the above (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. WITHINGS MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT SERVICE OR FEATURE OF THEME, INCLUDING ANY INFORMATION AND DOCUMENTS DOWLOADED BY YOU ARE FREE OF ERROR OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED.
WITHINGS DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENT. YOUR SOLE REMEDY AGAINST WITHINGS FOR ANY INSATISFACTION OR DECEPTION WITH ALL OR PART OF THE ELEMENT OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WHITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO AN AGREEMENT.
12. General provisions
a. Scope of the Agreement
If any provision of the Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
d. Evidence – Electronic communication
Any notification and communication between Withings and you can be realized by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Withings Account.
e. Governing law – Dispute resolution
The arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted on an individual basis – class arbitrations and class actions are not permitted -, in the hometown area of the consumer, using the English language, by one arbitrator who shall be selected from the appropriate list of JAMS arbitrators.
Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Updated on 15 Dec 2015.