The Applications are distributed by Withings Apps Distribution LLC. (hereinafter “Withings” or “We”).
The following Applications Terms are a sub-set of Withings Services Terms and Conditions for Withings digital health Products and Services (“Withings Services Terms and Conditions”). The Applications Terms supersede any other document of the Withings Services Terms and Conditions concerning its purpose.
An Application (hereinafter “Application”) is a software application developed by or for Withings, composed by a graphic interface (and other Application Elements as defined below), that can be used in particular through your smartphone, and from which you interact with the features that are made available to you by the Application and allow you to save, store, access, use your data, such as identifying data. Withings Applications include the following:
As a user, you acknowledge and guarantee:
That You have obtained and read a copy of these Applications Terms; and,
To be in possession of the Applications 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 Applications Terms.
Any objection or contestation to these Applications Terms will be interpreted as a refusal to agree to these Applications Terms. IF YOU WERE TO DISAGREE WITH THESE APPLICATIONS TERMS YOU ARE NOT PERMITTED TO USE THE APPLICATION, AND SHALL UNINSTALL THE APPLICATION.
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 Applications Terms, to reflect changes to the law or any applicable regulation, or any event which is deemed sufficient by Withings to command such revisions. Any new version of the Applications Terms will not apply retroactively but replaces and supersedes the previous Applications Terms.
We advise you to frequently consult the Withings Services Terms and Conditions and to save each version on durable media.
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 collectively referred to as the "Device"). The download of the Applications, and the exchange of data between the Application and Withings data centers requires an Internet network connection that you have to supply. However, some Applications can be used without Internet connection. Sufficient quality of your Internet connection and sufficient speed and performance of the processor of your Device are essential prerequisites for the use of Applications. More detailed information on such prerequisites can be found on our website. For more information please contact our customer support department.
Your Device may not be compatible with the Application even if you are able to download it to your Device. Before any use, you are responsible to check if your Device and the Application and/or Withings Products are compatible.
You must comply also with the terms and conditions applicable to the online store used to download the Application.
The Applications update will be set up in accordance with the terms of how updates are managed by the manufacturer of your Device and/or the provider of your operating system. We hereby inform you that the Application update may include substantial modifications of (1) the Application and/or (2) functionality available through the Application. We are unable to guarantee the continuity and availability of any functionality available through the Application. Furthermore, the functionality and availability of the Application may also vary depending from where you download or connect to the Application.
Data retrieved and presented to you through an Application 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 an Application, you shall not:
Make any use of the Application 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, Products and Services; and,
Fraudulently introduce any data on the Application, Website, API or through the Application; and,
Fraudulently Introduce any data on the Website or on Withings data server; and,
Interfere, obstruct, or distort the proper working of the Application or use the Application 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 Application or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and Services accessible from the Application; and,
Introduce in the Application any identifying data that was brought to the attention of a health care professional such as a doctor by any means; and,
Probe, scan, and technically analyse the Application; and,
Test the vulnerability, the performance and functionality of the Application for reasons other than the ones strictly necessary to use the Application; and,
Breach of any security measures implemented on the Application 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 Application and/or to the purchasing and payment system; and,
Your identification through a Withings account (hereinafter the “Account”) is required before any connection, access and use of an Application. 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 the Product to your Account; and,
Have access to your data through the graphic interface of the Application; and,
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 when you disconnect from the Website 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 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 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 parties. Leaving the Application without logging-out, or not adding a second password security, is considered as an implicit authorization by you.
To facilitate access through the electronic system, we remind you that your identification can be automated through the use ofCookies.
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 elements incorporated into the Application (hereinafter “Application Element”). The Application 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 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 Applications 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 Application strictly in accordance with the Withings Services Terms and Conditions. Use of the Application does not grant you any intellectual property rights in or to any information or content in the Application. The license granted under these Application 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 Application. 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 Application except as expressly set forth herein. In addition, no licenses or immunities are granted to the combination of the Application 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 Application 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 Application. However, some functionality or features may be available through a specific license, if these functionalities or features are produced by third parties, although integrated into the Application (hereinafter “Third Party Functionality”).
We may introduce functionality or features developed and provided by third Parties into the Application in order to provide you additional functionality and features. You shall agree to the applicable third party terms and conditions in order to be able to use such Third Party Functionality. As we are not a party to your contract with such third party, we are not liable for any use nor for direct or indirect consequences of your use of such functionalities or features provided by third parties.
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 an Application, 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;
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, SERVICES 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 Applications 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 Applications 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 Applications 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 Applications Terms.
If any provision of these Applications 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 Applications 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 Applications Conditions 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 Applications Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Applications Conditions 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 Applications 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.