The Product Software is provided by Withings Inc. (hereinafter “Withings” or “We”).
The following Product Software Terms are a sub-set of Withings Services Terms and Conditions for Withings digital health Products and Services (“Withings Services Terms and Conditions”). The Product Software Terms supersede any other document of the Withings Services Terms and Conditions concerning its purpose.
The Product Software (hereinafter “Product Software”) is a software developed by Withings, designed to allow an interaction between your smartphone, the data-centers and a Product. The Product Software are designed to be integrated and attached to a specific Product, allowing you to use the Product as described in the user guide attached to each Product.
As a user, you acknowledge and guarantee:
That You have obtained and read a copy of these Product Software
To be in possession of the Product Software Terms on a durable media
for example by printing them out; and,
To be of age required or otherwise authorized under the law of your
country of residence to commit yourself into these Product Software Terms; and
That you have the right to access and use the Product Software.
Any objection or contestation to these Product Software Terms will be interpreted as a refusal to agree to these Product Software Terms. IF YOU WERE TO DISAGREE WITH THESE PRODUCT SOFTWARE TERMS YOU ARE NOT PERMITTED TO USE THE PRODUCT.
API refers to Withings application programming interface for developers dedicated for Withings digital health Products and Services, as specified in the the applicable API agreement.
Products or Withings Products and/or Services or Withings Services refers to a range of Withings digital health products and services offered and provided by Withings.
Website: refers to the website available at the following address : health.Withings.com.
It is understood and agreed between the parties that Withings shall have the right, in any case, to modify all or part of these Product Software Terms, to reflect changes to the law or any applicable regulation, or modification of our Products and Services -or any event which is deemed sufficient by Withings to command such revisions. Any new version of the Product Software Terms will not apply retroactively but replaces and supersedes the previous Product Software Terms. We advise you to frequently consult theWithings Services Terms and Conditionsand to save each version on durable media.
The download of the Product Software, and the exchange of data between the Product, the Application and Withings data centers requires an Internet network connection that you have to supply. Sufficient quality of your Internet connection and sufficient speed and performance of the processor of your device are essential prerequisites for the use of Product Software. The device can be your personal smartphone or the Web browser of your computer (the "Device"). More detailed information on such prerequisites can be found on our Website. For more information please contact our customer support department.
Product Software 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 Application and prohibit any connection between the Product and the Internet. Some features and functionality of your Product may no longer be available.
You are hereby informed that the Product Software update may include substantial modifications of (1) the Product Software and/or (2) functionality available through the Product. We are unable to guarantee the continuity and availability of any functionality available through the Product Software and the Product. Furthermore, the functionality and availability of the Product Software may also vary depending from where you download, connect and/or use the Product.
Data retrieved and presented to you may not be accurate due to an inappropriate use of the Application, Product or Device. Therefore, you may not use such data as a specific basis in a health plan.
By using any Product Software, you shall not:
Make any use of the Product Software in contradiction with any law
or regulations, or third party rights such as intellectual property rights, or rights with respect to privacy etc.; and,
Act in any manner that shall create any prejudice to Withings, its
affiliates, partners or any user of our Applications, website, API, Withings digital health Products and Services; and,
Fraudulently introduce any data on the Product Software,
Application, Website, API or through the Product Software; and,
Fraudulently introduce any data on the Website or on Withings data
Interfere, obstruct, or distort the proper working of the Product
Software or use the Product Software in any manner whatsoever to interfere with any rights of third parties or Withings; and,
Undertake any action and/or use any method allowing data to be
retrieved, including Data scraping, data harvesting, Web crawling from the Product Software or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and/or services accessible from the Product Software; and,
Probe, scan, or technically analyse the Product Software; and,
Test the vulnerability, the performance and/or functionality of the
Product Software for reasons other than the ones strictly necessary to use the Product Software; and,
Breach of any security measures implemented on the Product Software
by Withings; and,
Use any illegitimate means to breach any authentication method,
implemented by Withings in order to enable connection by the user to the Product.
Your identification through a Withings account (hereinafter the “Account”) is required before any connection, access and use of the any Product Software. We remind you that you may decide to create your Account under a pseudonym.
By connecting an 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; and,
Have access to your data through the graphic interface of the
Save your personal data in our data center in accordance with Withings
Should you create an Account, you are requested to follow a set of requirements in order to avoid that a third party would obtain 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.), and disconnect your session always when you disconnect from the Site and/or the Application. Access to your Account and/or any other means at your disposal to get connected to the Website and/or the Applications 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 to further protect connection to your Account through the Application.
Any connection to your Account from a third party to whom you have given you prior consent is under your own responsibility. We cannot be responsible for any of the personal data communicated to one or several third parties through an authorization given implicitly or explicitly by you to any such third party. Leaving the Application without logging-out, or not adding a second password security, is considered as an implicit authorization by you.
The Product Software 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 elements incorporated into the Product (hereinafter “Product Software Element”). The Product Software Elements and all rights, including without limitation title and intellectual property rights therein, are owned by Withings and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Product Software are valuable trade secrets and confidential information of Withings and/or its licensors and affiliates.
Subject to your compliance with the Withings Services Terms and Conditions, including these Product Software Terms, we, or any third party specifically designated for this purpose, grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable license, revocable at any time at Withings’s sole discretion, to access and use the Product Software strictly in accordance with the Withings Services Terms and Conditions. Use of the Product Software does not grant you any intellectual property rights in or to any information or content in the Product Software. The license granted under these Product Software Terms is strictly limited to the purpose of Withings Services Terms and Conditions.
You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, lease, reverse engineer, de-compile, extract or otherwise attempt to discover the source code of any software included in the Product Software. For open source licensed software, if any, applicable open source license terms apply.
No right or license, express or implied, is granted to any part of the Product Software except as expressly set forth herein. In addition, no licenses or immunities are granted to the combination of the Product Software with any other software or hardware not delivered by Withings or its authorized distributors or resellers. Also, any and all licenses with respect to any patents of Withings and/or its licensors and affiliates and of any third party (including essential patents) are specifically excluded from the scope of the Withings Services Terms and Conditions, including these Product Software Terms, and such licenses need to be acquired separately from Withings or the respective right holders, as the case may be. Unless otherwise specified, the right hereby granted may apply to any updates and evolution of the Product Software. <span id="c.-applications-visual-elements" class="anchor"><span id="third-party-functionality" class="anchor">
We grant You the right of access to and the right to rectify any data concerning You by contacting our customer support department. You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.
By using any Product Software, you may allow Withings, or any third party designated by Withings for such 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 times, as we cannot guarantee you that your data will be available forever. We therefore recommend you to frequently save your data though the means provided in the Application.
The following warranty applies to:
The Product Software;
Any improvements of the above.
The following warranty does not apply to:
Unless required by any mandatory legal provision, the Website, the Applications, Product Software, hosting services, the API and improvements of any 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, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT, SERVICE OR FEATURE OF THE ELEMENTS, INCLUDING ANY INFORMATION AND DOCUMENTS DOWNLOADED BY YOU ARE FREE OF ERRORS 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 ELEMENTS. YOUR SOLE REMEDY AGAINST Withings FOR ANY DISSATISFACTION WITH ALL OR PART OF THE ELEMENTS 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 WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THE AGREEMENT.
Any event that is deemed at once unforeseeable, insurmountable and external and thereby prevents us from fulfilling our obligations under these Product Software Terms is considered an event of Force Majeure (“Force Majeure Event”). The following events are especially considered as examples of Force Majeure Events: strikes, flood, fire, lock-outs, disruption and distractions in transport services, supply difficulties in raw material or energy, any communication interference resulting in any difficulty to fulfil any order or performance of any act required by the Product Software Terms shall be suspended for the duration of the Force Majeure Event. The performance of such act shall be immediately continued once the cause of the Force Majeure Event ceases.
This version of the Product Software Terms constitutes the entire agreement between you and us and cancels, excludes and replaces any previous conditions in its subject matter. You acknowledge that other documents of the Withings Services Terms and Conditions may also apply to you when you are subject to these Product Software Terms.
If any provision of these Product Software Terms 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 these Product Software Terms 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.
Any notification and communication between Withings and you can be realised 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.
These Product Software Terms and all any action related thereto shall be governed, controlled, interpreted by and construed in accordance with the laws of the State of Massachusetts (USA) without regard to principles of conflict of laws.
Any dispute, claim or controversy arising out of or relating to these Products Software Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Product Sofware Terms to arbitrate, shall be determined by arbitration rather than in court, except that you may assert claims in small claims court if you claim qualify. The Federal Arbitration Act and federal arbitration law apply to these Product Software Terms. 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 12 Sep 2018.