Terms of Use of Services

Last update: 27/10/2013

Welcome to the Withings site: www.withings.com is a Site offered by Withings, an anonymous company (SA) with 3.036.592 euros in capital, whose registered office is located at 20 rue Rouget de Lisle 92130 ISSY LES MOULINEAUX, registered in the Nanterre Companies and Trade Registry under number 504 787 565.

Please read these Terms of Use carefully; print them up and keep a copy.

Your personal data are protected. The confidentiality of your personal information is essential; we are determined to protect it. Please read the Privacy Rules page for more details.

Definition

The following words and expressions beginning with a capital letter will have the following meanings:

The "Applications": are the digital contents that Withings offers to the User for consultation or download. This software has been developed by Withings. These Applications support the Service;

The "Account": is a strictly personal space created by the User when registering on the Site, enabling him to access the Service;

The "Interface": is a remote display making it possible to utilise all of the Product's functions;

The "Smartphone": is a latest-generation intelligent mobile telephone;

The "Product": is the "Body Scale" online object, the "Blood Pressure Monitor" online object or the "Babyphone" online object;

The "Service Provider" or "Withings" or "we/us": is Withings, the company that provides the Service;

The "Service": is (i) the platform allowing access to the Product interface via certain smartphones, or (ii) the platform allowing access to the Product interface via the Site, or (iii) the platform making it possible to obtain software to be integrated into the Product, or (iv) the platform allowing installation of the Product from a computer, or (v) the platform allowing access to the Site;

The "Site": is the Web site http://www.withings.com;

The "User" or "you": is the person registered on the Site who uses the Service.

Purpose

These Terms of Service are Intended to define the contractual relationship entre le Service Provider and the User.

Acceptance

In order to access the Service, the User must register on the Site by creating an Account. Every registration on the Site assumes prior and unreserved consultation and acceptance by the visitor of all of the present Terms of Use. If the User does not wish to accept these Terms of Use, he must refrain from using the Services.

Access to the Service

Unless otherwise established, the Services are accessible only to corporate bodies or adults.

To access the Service, the User must create – from the Site – an Account protected by a password. The User undertakes to provide true, accurate and complete information and to update it regularly.

The registered User must thereafter identify himself in order to access the Service.

To be able to utilise the Service, the User must have a computer connected to the internet, or a smartphone, also connected to the internet. These costs are borne exclusively by the User.

Withings declines all liability:

  • in the event of interruption, bugs or other events rendering the Service unfit for use;
  • if the User's computer or smartphone operating system is incompatible with the Service;
  • and more generally for any direct or indirect damages, whatever their cause or nature, resulting from use of the Service or the Site.

The Service Provider reserves the right, entirely at its discretion, to temporarily and indefinitely suspend or refuse access to the Service by the User if the latter does not comply with these Terms of Use, or for any other reason. In the case of suspension of the Service, even temporary, these Terms of Use remain applicable.

Account Security

The User is solely responsible for keeping his password confidential and for the actions performed on his Account.

The User must not reveal to anyone information relating to his Account, or use a third party's Account.

Service Content

The Service enables the User:

  • to access the Product Interface via certain smartphones;
  • to access the Product Interface via the Site;
  • to obtain Software to integrate into the Product;
  • to obtain software enabling installation of the Product from a computer;
  • to access the Site, and, in particular: the showcase, the store, the community spaces, User support, etc.

The User acknowledges that use of the Service or the Products may require the use of other products or hardware or software, and that the User is responsible for that hardware and software.

THE SERVICES AND PRODUCTS TO WHICH THE USER WILL HAVE ACCESS:

  • MUST BE USED SOLELY FOR PERSONAL, NON-COMMERCIAL PURPOSES;
  • MUST NOT BE SUBJECTED TO CASES OF CRITICAL USE. DETERMINATION OF CRITICALITY IS LEFT TO THE SERVICE PROVIDER'S JUDGMENT.

Changes to the Service or the Product

At its convenience and without prior notice, the Service Provider may modify, add or delete functions of the Service or the Product.

Community services

The User is responsible for information, messages and in general any content distributed via the community Services, such as the Withings forum or blog.

The User accepts that Withings may eliminate, in whole or in part, any content that it distributes through the interactive services if this content is likely to infringe current laws or regulations or public decency.

Intellectual Property Rights

All texts, photos, logos, trademarks and other elements reproduced on the Site are reserved and protected by copyright, for the entire world.

The User, or a third party, is prohibited from reproducing, representing, distributing, marketing, modifying, utilising or assigning all or part of any of the elements reproduced on the site without the Service Provider's prior consent.

Any unlawful use of all or part of the Site may give rise to criminal prosecution.

Client's Obligations

The User undertakes not to engage in any of the following prohibited activities:

  • attempting to use or access the Service via an Account to which he has no right;
  • modifying the software supplied, where appropriate, by the Service Provider in order to access the Service, and not to use modified versions of this software and in general not to access it illegally and if not expressly authorised by the Service Provider;
  • using the Service for purposes contrary to any current regulations, and not to infringe third-party rights;
  • using the Service so as to cause deterioration, interruption or lower performance or to damage its functioning;
  • undertaking actions that may, in the Service Provider's judgment, cause an unreasonable or disproportionate increase in the load on our infrastructure;
  • interfering with the proper functioning of the Service;
  • doing reverse-engineering, decompiling, disassembling or attempting to discover the source code of the Applications.

Changes to the Service's Terms of Use

The Service Provider reserves the right to modify all or part of the Service's Terms of Use without notice.
Use of the Service by the User constitutes full and complete acceptance of any changes made to the present Terms of Use.

Guarantees

The User expressly acknowledges and accepts that the Service Provider:

  • does not guarantee that the Services will function without interruption or error;
  • cannot guarantee the complete accuracy of the information made available by the Service.

Liability

The User expressly acknowledges and accepts that the Service Provider:

  • may temporarily or occasionally interrupt the Service in order to perform maintenance or update operations, without this in any way making the Service Provider liable;
  • may in no case be held liable for any damage whatsoever, whether caused directly or indirectly by its services;
  • may in no case be held liable for damage to and losses of data suffered by the User. It is therefore up to the User to take all appropriate measures to protect his own data or software from the contamination of his hardware by any viruses circulating on the Internet;
  • may in no case be held liable for damages and injury resulting from violation by Users of the rules applying to the community Services (see article 8)

Applicable law

These Terms of Use are governed by French law.
Any dispute resulting from these Terms will fall within the exclusive jurisdiction of the competent French courts.