TERMS OF USE FOR MOBILE APPLICATIONS

Last updated: 2018-11-06

WELCOME TO THIS APPLICATION FOR MOBILE DEVICES ("APP") FROM THE ELECTROLUX GROUP (AB ELECTROLUX (PUBL) AND ITS AFFILIATED COMPANIES, (JOINTLY "COMPANY" or "WE"). THESE TERMS OF USE BELOW ("TERMS OF USE") TOGETHER WITH THE TERMS SET OUT IN THE DATA PRIVACY STATEMENT WHICH CAN BE FOUND ON www.electroluxgroup.com/privacy/en/ (AS MAY BE AMENDED FROM TIME TO TIME) (THE "DATA PRIVACY STATEMENT") SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR, AND GOVERN YOUR USE OF, THE APP TO WHICH THESE TERMS OF USE ARE ATTACHED. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS APP. BY GIVING CONSENT, REGISTERING, ACCESSING OR USING THE APP OR DOWNLOADING MATERIALS BY USE OF THE APP, YOU AGREE TO FOLLOW THE TERMS OF USE. IF YOU DO NOT AGREE TO FOLLOW THESE TERMS OF USE DO NOT GIVE CONSENT, REGISTER, ACCESS OR USE OR DOWNLOAD MATERIALS BY USE OF THE APP. PLEASE ENSURE THAT YOU KEEP UP TO DATE WITH ANY CHANGES BY VISITING THE LEGAL PART ON THE APP OR WEBSITE ON A REGULAR BASIS.

Access Rights
Subject to these Terms of Use, you may download the version of the App published by Company on public application store, to then access and use the App and display the Content therein. Such access is non-exclusive and personal i.e. non-transferable to anyone.
Company authorizes you to view and download content which includes, without limitation, software object code, , pictures, articles, videos, comments, likes, ratings, information and data generated, provided, or otherwise made accessible by Company on or through the App ("Content") provided in the App only for your personal, non-commercial use. This authorization is not a transfer of title in the Content or copies of the Content and is subject to the following restrictions: 1) you must retain, on all copies of the Content downloaded, all copyright and other proprietary notices contained in the Content; 2) you may not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use or communicate them for any public or commercial purpose; and 3) you must not transfer the Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms of Use. You agree to abide by all additional restrictions displayed on the App as may be updated from time to time. This App, including all Content, is protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this App and to prevent any unauthorized copying of the Content. Except as expressly provided herein, Company does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.

Access to other services
Subject to these Terms of Use, Company may offer to provide any services under these Terms of Use or different terms (if specifically provided for), as described more fully in the App, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Company performs for you for free or subject to subscription, or, subject to the terms set out under the "Third party websites and content" section below, from third parties offering any materials displayed or performed on or through the App.

Technical limitations
Different models of routers and devices may have firmware or settings that are not compatible with the App. Company continuously develops its App to endeavor to support all commonly used devices and models in markets where the App is distributed, however Company does not warrant compatibility of the App with all mobile devices or other hardware. For the avoidance of doubt, you are responsible for payment of any costs or expenses incurred as a result of downloading and using the App, including any operator network and roaming charges. Please check with your service provider for details.

User accounts
You might be required to open an account to be able to access certain restricted parts of the App. In such event you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form. You will also be required to choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under said account. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any loss that you may incur as a result of someone else using your password or account.

User warranties
You represent and warrant that you will use the App in compliance with these Terms of Use including the laws and provisions under these Terms of Use and to comply with all existing and future App policies and rules. You agree that you will not use the App to: (a) transmit spam or unsolicited communications; (b) pretend to be Company or someone else; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App; (d) misrepresent your affiliation with a person or entity; (e) act in a manner that negatively affects other users' ability to use the App; (f) engage in activities that would violate any applicable law, (g) post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, threatening, obscene, harassing, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services; (h) collect or store personal data about other users unless specifically authorized by such users, or (i) not adhere to withdrawal of such authorization as described in (h). If you do not comply with the aforesaid, you may not use the App, Company shall not be legally bound by these Terms of Use, and reserves all its legal rights in relation to such non-compliance.
If you violate these Terms of Use, you are liable to pay compensation for damages caused to Company and its affiliated companies as a consequence of your actions.

Changes & Suspension
Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes to these Terms of Use will become effective when notice of such change is posted on the App. Your continued use of the App after any changes to these Terms of Use are posted will be considered acceptance of those changes.
Company may terminate, change, correct any errors or omissions in any portion of the App, make any other changes to the App, the Content and the products, programs, services or prices (if any) described in the App, discontinue any aspect of the App, including the availability of any features of the App, at any time without notice. Company may also impose limits on certain features and services or restrict your access to parts or the entire App without notice or liability. Electrolux may terminate the authorization, rights and license given above at any time and, upon such termination, you shall immediately destroy all Content.
Company has no obligation to monitor the App or content submitted on the App. However, Company reserves the right to (i) remove, suspend, edit or modify any content on the App in its sole discretion, including without limitation any user content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such user content or if We are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any user content from the App. Company also reserves the right to access, read, preserve, and disclose any information submitted or available in the App as Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Company, its users and the public.

Acknowledgement of Intellectual Property Rights
You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs (whether registered or unregistered)) in the App are vested in Company or its licensors. All goodwill and intellectual property rights arising through the use of such intellectual property rights vested in Company shall inure to Company.

App updates
These Terms of Use do not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions or enhancements (collectively, "Updates") to the App developed by Company or its suppliers or licensors at any time in the future. Company may provide Updates and/or support. If provided by Company, Updates may be delivered automatically or you may be notified when a new Update is ready to be installed, or we make such Updates available for download. You authorize Company to deliver automatically any Update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of the Updates will be governed by these Terms of Use unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of these Terms of Use if you want to download, install or use a new or modified version of the App.

Personal data and other information provided by you
Company wants to help you to take all necessary steps to protect your privacy and information. Read our Data Privacy Statement to understand what kind of information we gather from any App and the measures we take to protect your personal information.
You should not send any confidential or proprietary information to Company via the App. You agree that any information or materials that you or individuals acting on your behalf provide to Company will not be considered confidential or proprietary. By providing any such information or materials (including any ideas, concepts or know-how) to Company either through the App or any other means, you hereby do and shall grant Company and its affiliates a worldwide, non-exclusive, royalty-free, fully paid, perpetual and irrevocable license to: (a) use, reproduce, edit, modify, display, prepare derivative works of, communicate to the public and distribute any such information or materials and otherwise fully exploit such information or materials in connection with the App and Company’s (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) or any service in any media formats and through any media channels (including, without limitation, third party websites and feeds) referred to above in accordance with these Terms of Use and our Data Privacy Statement; (b) permit any person to assist Company to do any of the things referred to in point (a); and (c) sub-license any of the rights granted under point (a) to any person. You also hereby do and shall grant each user of the App and/or any related service a non-exclusive license to access your information or materials through the App, and to use, reproduce, edit, modify, display, prepare derivative works of, communicate to the public and distribute any such information or materials in connection with the App. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your information or material including the right to grant additional licenses to the material in your information or material, unless otherwise agreed in writing with Company.
Company reserves the right to anonymously track and report, to our third party statistical service providers, your activity in of the App.

Security
You may not: (a) use any device or software capable of interfering with the operation of the App; or (b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the App (such as sending mass emails - "spamming"), or (c) interfere or tamper with the software portion of the App or the functionality thereof. This includes putting material on the App, which is infected with viruses, Trojan horses, time bombs or other elements that may damage or interfere with the programming structure of the App. You agree not to interrupt or attempt to interrupt the operation of the App in any way.

Third party websites and content
Company may provide on the App links to websites operated by third parties. Company does not undertake to monitor or review any such third party websites or the content available therein, nor is Company responsible for the accuracy or reliability of any such third party websites or content. If you use such third party websites, you will leave this App. If you visit any linked third party websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Company makes no warranty or representation regarding any linked third party websites or the information and content appearing therein or any of the products or services described therein. Links to any third party websites do not imply that Company or this App sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked third party website is authorized to use any trademark, trade name, logo or copyright symbol of Company or any of its affiliated companies.

Push Notifications
The App may send push notifications to users as part of its normal operation. You can turn off push notifications in the application’s Settings.
Advertising
The App may run advertisements and promotions of Company and its affiliates, or other third parties. You may be able to turn off advertisements in the settings. However if the App is advertising supported and if you prefer not to receive advertisements, you will need to disable the App.

Third Party Software
To the extent the App contain third party software, any terms accompanying such software shall apply in addition to these Terms of Use, and such third parties shall benefit from those terms.

Exclusion of implied warranties
Although care has been taken to ensure the accuracy of the information on this App, Company assumes no responsibility therefor. THE CONTENT MAY CONTAIN INACCURACIES, TYPOGRAPHICAL ERRORS AND OTHER DEFECTS. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE APP. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS APP OR THE CONTENT. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS APP. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED. COMPANY DOES NOT WARRANT THAT THE APP OR THE SERVERS WHICH MAKE THIS APP AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY ELECTROLUX OR THE APP ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. ALL SUCH REPRESENTATIONS, WARRANTIES AND CONDITIONS ARE EXCLUDED EXCEPT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THEIR EXCLUSION.

Limitation of liability
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS, DAMAGES OR INJURY OF WHATEVER NATURE, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS APP OR THE CONTENT OR OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGES OR INJURY RESULTING FROM USE OF THE APP WITH A CONNECTED APPLIANCE OVER WIFI, SMS, BLUETOOTH OR ANY OTHER CONNECTIVITY TECHNOLOGY. IN ADDITION TO THE TERMS OF USE SET FORTH HEREIN, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS OR UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION CONTAINED IN THIS APP. ALL LIABILITY OF COMPANY REFERRED TO IN THIS PARAGRAPH IS EXCLUDED EXCEPT TO THE EXTENT THAT APPLICABLE LAW PROHIBITS ITS EXCLUSION. IN CASE EXCLUSION OF LIABILITY IS PROHIBITED OR RESTRICTED ACCORDING TO APPLICABLE LAW, COMPANY HEREBY DISCLAIMS SUCH LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING EXCLUSION OF LIABILITY FOR DIRECT AND INDIRECT DAMAGES, AND FURTHER ALWAYS SUBJECT TO YOU HAVING TAKEN ALL REASONABLE STEPS TO MITIGATE YOUR LOSS ARISING IN RELATION TO ANY CLAIM OR ACTION (WHETHER FOR NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE), WHICH YOU MAY BRING AGAINST COMPANY. IN ANY EVENT, ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

Notices
All references to "writing", "notices", and "notification" and all similar ends related expressions shall cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent whereby it shall be considered received unless clear indication of non-receipt has been received.

Severability
If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

Language
Where Company has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms of Use will govern your relationship with Company. If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

Governing Law
To the extent permitted by applicable statutory consumer rights, your use of this App and these Terms of Use shall be governed by the laws of Sweden, without giving effect to its conflict of law provisions.