Samsung Discover Terms of Service
Effective date: 26th February 2020.
THESE TERMS OF SERVICE (“TOS”) IS A LEGAL AGREEMENT BETWEEN YOU (You, your or User) AND SAMSUNG INDIA ELECTRONICS PRIVATE LIMITED AND/OR ITS RELEVANT AFFILIATES (COLLECTIVELY, “SAMSUNG, we, us or our”) FOR SAMSUNG DISCOVER (“SERVICE”) AND ANY RELEVANT SERVICE, SOFTWARE OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY SAMSUNG OR ITS THIRD PARTY SUPPLIERS OR LICENSORS. PLEASE READ THESE TERMS OF SERVICE (“ToS”) CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THESE ToS, YOU MAY NOT USE THE SERVICE. BY USING THE SERVICE, YOU WILL BE DEEMED TO HAVE UNCONDITIONALLY CONSENTED AND AGREED TO THESE ToS.
By installing or using the Service, You agree to be bound by the ToS. If you do not agree to the ToS, you may not use the Service. The ToS may be modified by Samsung from time to time. If you continue to access or use the Service after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes to the TOS.
1. Service Features & Functionality
Discover is an on-device application recommendation Service, which makes personalized recommendations on the most relevant application (“content”) for You. This Service is essentially the easy way to discover Contents as per your interests. The recommendations are based on your interests, behaviour, location, model, user state, etc. Download and use of any Content may happen from “Galaxy Store” or “Play Store” subject to availability of Content. Such download, in addition to these ToS shall be subject to “Galaxy Store/ Play Store’s” terms and conditions and application owner’s terms and conditions respectively.
The Service may also include certain advertisements shown by our authorised partners. At any point of time, if you do not wish to see those advertisements, you may opt out by visiting “settings” on the device/ Service.
The Contents and advertisements are provided by third parties. Any usage/ consumption shall be subject to such third parties terms and conditions. You are advised to check their terms and conditions before downloading the Content or clicking on the advertisement. Samsung is acting solely as a distributor in providing the third party content to you and is not exercising any control over or subjecting third party content to review, modification or approval,
2. The Scope and Your Acceptance of these ToS
- These ToS only govern the legal relationship between Samsung and You related to Your use of the Service.
- You agree that you will use the Service in accordance with applicable law and not for any illegal or fraudulent purposes, or purposes that are prohibited by the Service ToS. Persons under the age of 18 (each, a "Minor") may not use the Service unless their parent or legal guardian has reviewed and agreed to these ToS. If you are a parent or guardian permitting a Minor to use the Service, you agree to: (i) exercise supervision over the Minor's use of the Service; (ii) assume all risks associated with the Minor’s use including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the Minor’s use of the Service; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor. UNDER NO CIRCUMSTANCES MAY MINORS UNDER THE AGE OF 14 USE THE SERVICE.
3. Grant of License and Restrictions
- Samsung hereby grants You a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use the Service for Your personal use only, provided that You comply fully with these ToS. Your access to the Service is licensed, not sold. All references to the Service includes all related content, such as text, graphics, user interfaces, scripts and software used to implement and provide access to the Service, and any updates, upgrades, enhancements, modifications, revisions or additions to the Service made available by Samsung. You acknowledge and agree that some of the functionalities or services offered by the Service may be provided by Samsung’s affiliates or subcontractors/ authorised partners on behalf of Samsung.
- Use of the Service requires Your Device to have access to the Internet via mobile network or WiFi (fees may apply), and requires obtaining updates or upgrades made available by Samsung from time to time. Because use of the Service involves hardware, software, Internet access and applicable updates, Your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, is Your responsibility. You hereby consent to receive notices, disclosures and other communications regarding the Service via email, SMS, in-application messages and other communications to Your device.
- You shall not interfere or attempt to interfere with the operation or use of the Service in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means. You may not use the Service for commercial purposes or for any purpose that is unlawful or prohibited by the ToS. You are specifically prohibited from using the Service in connection with any contents, services, programs or applications that (i) are in violation of any third party’s rights, including but not limited to intellectual property rights; or (ii) contain viruses or other harmful software, code or other malwares that impact or limit the functions or services provided by the Service or the devices supporting the Service.
- You shall not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Service in whole or in part.
- Samsung, in its sole discretion and without notice to You, may immediately (i) suspend or terminate Your use of Service; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Service.
4. License of Content
- You acknowledge that your license of each third party content through the Services is governed by a separate agreement between you and the third party content provider only, and the third party content provider is solely responsible for (a) the licensed third party content, (b) the content, services, advertisements and functionalities therein, (c) any warranties provided, and (d) any claims you may have relating to or your use of such third party content. You acknowledge that Samsung is (i) acting solely as a distributor in providing the third party content to you and is not exercising any control over or subjecting third party content to review, modification or approval, (ii) is not a party to such license, and (iii) is not responsible for the third party content, the content and functionalities therein, or any warranties or claims you may have relating to or your use of the third party content.
- The Services makes available Contents to end user customers for non-commercial uses only. You warrant and represent that you will download the Content you purchase only to your devices for your personal use. Contents may be downloaded any number of times and to a number of your devices, but in any case no more than ten (10) that are registered to your Account, provided expressly that no more than one (1) copy is installed on a single device at any one time. You also acknowledge that: (a) Samsung may, in its sole discretion, set, reduce or change the number of your devices to which you can download the Contents; (b) some Contents, particularly Contents that you purchase inside or through an Content, paid or unpaid, do not allow downloading to multiple devices; and (c) not all of your devices, regardless of whether it is the same platform or not, may qualify for multiple downloading.
- You understand that the Services and Contents include a security framework using technology that protects digital information (“Security Framework”). Your use of the Contents is limited to certain usage rules established by such Security Framework.
5. Third Party Services
The Service will include links or access to third party services. Such access will not be construed as an endorsement, sponsorship, or affiliation. Samsung exercises no control whatsoever over such other third party services, and is not responsible or liable for the availability, functioning, or quality thereof or the content, advertising, products or other materials thereon. Samsung will not be responsible or liable, directly or indirectly, for any damage or loss (including data loss) incurred or suffered by any User in connection therewith. Your access and use of third party services, including information, material, products and offers therein, is solely at your own risk. Use of third party services may require your agreement to separate written terms and conditions.
The use of third party content, applications or content shared by participating partners is not subject to review, approval or modification by us and you shall be entirely liable with respect to use thereof and any consequences arising therefrom, Samsung shall not be liable for any loss, damage, liability, claim or action arising out of your use of third party content. Your use of such third party content or Apps indicates acceptance of any liability arising from such use.
6. Electronic Communications
When you use the Service or send email(s) to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy all legal requirements. In connection with your use of the the Service, we may send you the Service announcements, administrative messages, and other information.
7. Consent for Collection and Use of Data
8. Proprietary rights
- Samsung (and Samsung’s licensors, as applicable) owns all rights, title and interest in and to the Services, including all associated intellectual property rights, whether registered or not, and wherever in the world such rights may exist.
- Nothing in these Terms gives you a right to use any of Samsung’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
- You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services or Contents.
9. Software updates and availability of Services
- With the “Automatic Update” function enabled (as in the default setting in the System Update menu in the Setting), Samsung’s software that you utilize for the Services may automatically download and install updates from Samsung from time to time. These updates may improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules or completely new versions. You agree to receive and allow Samsung to deliver such updates to you as part of your use of the Services. If you have chosen to disable the “Automatic Update” function, then you can check the availability of new Updates by clicking on the “Check Update” menu in the Setting. Given the importance of receiving Updates for security software in a timely manner to defend against new threats, however, security-related Updates may be automatically downloaded and installed without your consent, even if you have disabled the “Automatic Update” function. We recommend that you check availability of any new Updates periodically for optimal use of your device.
- Samsung reserves the right, at its sole discretion, to modify the Services at any time, with or without notice to you. The Services may not be available at all times, such as during maintenance breaks. Samsung may decide, at its sole discretion, to suspend or terminate the Services (or any part thereof) at any time.
- Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS”, "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS OR (iii) BE SECURE AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) ANY UNAUTHORIZED ACCESS.
- Disclaimer of Certain Damages. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, REGARDLESS OF WHETHER OR NOT SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, AND EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO USE OR HANDLE YOUR DEVICE OR THE SERVICE.
- THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. Limitation of Liability
Samsung shall not be liable for loss, damage or liability under contract (including negligence), laws on third party obligations (including ‘tort’ and negligence claims) or statutory obligations or any other legal basis whatsoever, even if Samsung was specifically put on notice of the risk of such loss (i) where the loss is indirect, incidental, special, consequential, or comprises exemplary or punitive damages, or (ii) for any loss of profit, loss of business, loss of opportunity, loss of data or (iii) where the loss relates to errors, omissions or interruptions, computer viruses, connection or connectivity problems or for network charges.
These ToS are effective until terminated. You can terminate these ToS by ceasing your use of the Service, and disabling and returning all related software, documentations and other materials provided by Samsung, including backup copies thereof. Should you not comply with these ToS, your rights based on these ToS will be automatically terminated without notice from Samsung. Upon either your or Samsung’s termination of these ToS, you must immediately cease all use of the Service. For the purpose of clarity, Samsung may terminate anytime these ToS and the Service with notice to you (e.g., service website, pop-up through Content, email or etc.).
13. Modification of Terms of Service
We may at any time modify the ToS of the Service without any prior notification to you. You can access the latest version of the ToS at any given time on the Service. You agree to regularly review the ToS on the Service. In case, post modification you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified ToS of the Service.
14. Governing Law
These ToS shall be construed in accord with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of these Terms.