- Account. You need to be registered as a Hue developer at the developer website https://developers.meethue.com in order to request access to the Hue API and Hue developer materials. As part of the request, you will be required to provide certain information. Once you have requested access, Signify will provide you with the Hue developer materials and (if applicable) access credentials to use the Hue remote API. You will need to accept these Terms every time when you request credentials for an app when creating and making use of the remote API. You agree to keep this registration information up-to-date. You will not share your Hue developer account and/or your access credentials provided to you with a third party, unless authorized by Signify in advance and in writing.
- License to use. Signify grants you a limited, revocable, non-transferable, non-exclusive (without the right to sublicense) right to access and use the Developer Content provided to you solely to the extent necessary for you to create a product, app or service that operates with the Hue bridge. You may only access the Hue API and the Hue developer materials via your Hue developer account. You shall not make any adaptation, modification or alteration to the Hue API and the Hue developer materials, with the exception of the sample code provided. If you receive the Hue API, Hue developer materials, or any other information in relation to Philips Hue you cannot claim ownership or intellectual property rights in any improvements of or modification to that material or the Hue API either with respect to Signify or to other app developers.
- Open Source Software. Some of the software required by or included in the Hue API or Hue developer materials may be offered under an open source license. Open source software licenses constitute separate written agreements. To the limited extent, the open source software license expressly supersedes these Terms and sets your agreement with Signify for the applicable open source software.
- Updates. Signify may in its sole discretion at any time modify or update the Hue API, Hue developer materials and the Philips Hue ecosystem. Signify will try, but is not obliged, to give you prior notice thereof. In the event Signify makes any modification to the Hue API, or Hue developer materials that affect the working of your products, apps or services with the Philips Hue ecosystem, you agree to make corresponding changes to your product, app or service at your cost to ensure continued service for your end users. Signify may add, modify or remove functionalities or features at its sole discretion, and Signify does not guarantee that your product, app or service will function with any future or modified versions of the Hue API or Hue developer materials or the Philips Hue ecosystem. You must regularly visit the developer website and ensure that you are using the latest Hue API and Hue developer materials as updated by Signify from time to time.
- Confidentiality: You shall not disclose to any person the Developer Content or any other information of a confidential nature provided to you by Signify, including Feedback (“Confidential Information”), except that you may disclose the Confidential Information: (i) to employees, officers, representatives or advisers of the company you work for and who need to know such information for the purposes of carrying out your obligations under these Terms (“Representatives”), provided that the Representatives comply with the confidentiality obligations under this clause; and (ii) as may be required by law, court order or any governmental or regulatory authority. You shall not use the Confidential Information for any purpose other than to perform your obligations under these Terms.
- API Calls. For purposes of service stability and user experience of the Philips Hue ecosystem, Signify limits the number of remote API calls. The limit is currently set to a total of 50000 calls per day. If you exceed these limits, Signify may (without notice) at its sole discretion throttle your activity or revoke your access to the Hue remote API. You will not attempt to circumvent such limitations. If you want to increase the limit, you should contact Signify and Signify may in its sole discretion approve or reject the request.
- No warranties by Signify. The Developer Content (including, without limitation, text, images, graphics, links) is provided on an “as is” and “as available” basis. To the full extent permissible by applicable law, Signify and its affiliates, licensors and suppliers expressly disclaim any and all representations, warranties and endorsements of any kind, express or implied, including without limitation fitness for any particular purpose, non-infringement of any third party proprietary rights or as to the operation, performance, accuracy, completeness, usefulness, availability, reliability and security of the Developer Content. Neither Signify nor its affiliates, licensors and suppliers warrants that (i) the Developer Content will be uninterrupted, timely, secure, complete, or error free; (ii) the results that may be obtained from the use of the Developer Content will be complete, correct, accurate, secure, reliable, or otherwise meet your requirements; and/or (iii) you are able to develop, manufacture, sell or otherwise dispose of products, apps or services that use the Developer Content.
- Restrictions; Obligations.
- When using the Developer Content, unless otherwise approved in writing by Signify, you will not: (i) implement functionality that interferes with the core functionality of the Philips Hue products or services or the Philips Hue ecosystem; (ii) aggregate control of the Philips Hue Personal Wireless Lighting™ products and services or Device Data across multiple end users. “Device Data” shall mean any and all technical information, personal data, usage information or other information derived from access to or use of the Hue API, including but not limited to data that relate to end users of the Philips Hue ecosystem or to the use of the Philips Hue ecosystem by such end users; (iii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others and end users; (iv) make any apps, products or service that are obscene, not compliant with laws and regulations (including, without limitation, privacy and security), offensive or discriminatory or that infringe someone else’s rights; (v) use the Developer Content and the Philips Hue products or services in violation of any laws, regulation or court order, or for any unlawful or abusive purpose or for any other purpose as intended by Signify in any manner that could harm Signify, its service providers, or any other third party or user; (vi) republish, reproduce, distribute, display, post or transmit any part of the Developer Content and/or the Philips Hue products or services; (vii) modify or adapt the Hue API and Hue developer materials or merge them into another program or create derivative works based thereupon; (viii) perform an action with the intent of introducing to the Philips Hue ecosystem, products or services or to end users’ devices viruses, worms, defects, Trojan horses, malware or any items of a destructive nature or disabling the Philips Hue ecosystem, products, services or end users’ devices or attempting to circumvent the security setting of any of the foregoing; (ix) interfere with or disrupt the Hue API, Hue developer account or the servers or networks providing the Hue API, or the Hue bridge or end user devices; (x) tamper with the security of any of the hardware, software or networks used by Signify to make the Developer Content available or tamper with any customer accounts or end user devices; (xi) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by Signify; (xii) use Philips Hue products, Philips Hue ecosystem, Hue API, Hue developer account or the Hue bridge or services related thereto, including end user devices, for surveillance or other similar purposes; (xiii) use any Philips Hue or Signify branding, trademarks or trade dress or Philips Hue, Signify or Philips in any logo or graphics, provided that if you develop an app and such app are compatible with the Philips Hue ecosystem, you are entitled to (provided that you are in compliance at all times with these Terms) (A) use “works with Philips Hue” and “for Philips Hue” solely in your product-related material for the app; and (B) name your app such that it includes the word “Hue” in combination with other purely descriptive words, provided that you do not create a unitary name/mark incorporating the “Hue”; (xiv) reverse engineer, decompile, or disassemble the Philips Hue products, applications, software, Hue API, or the Hue bridge or services, except to the extent that applicable law expressly prohibits the foregoing restriction; and/or (xv) permit others to do any of the foregoing.
- You warrant that (i) you shall comply with these Terms and the applicable laws at all times when accessing the Developer Content and during and after the provision of your products, apps and services (as developed based on the Developer Content) to end users (ii) you shall inform the end users that your app, product or service is provided by you to the end user and that it is not a Signify app, product or service and you are solely responsibility for your app, product or service; (iii) your apps, products or services do not trigger or cause any adverse health effect to an end user or any other person, especially considering the known light combinations and/or frequencies, etc. that could cause epileptic seizures, migraines etc. to an end user and ensure that such light combinations are not included in your light script(s), apps, products or services; (iv) before an end user starts using your app, product or service, you shall inform the end user in writing about the possible adverse effects of certain light combinations on their health and advise them to immediately stop using such specific feature, light script(s), app, product or service if they experience any discomfort; (v) either you own the content or assets that you will use to create the apps, products or services or you have obtained all the necessary rights, licenses and/or permits from the owner of such content or assets that you use in order to create your apps, products or services.
- Any use or access to the Developer Content by anyone under the age of 18 is strictly prohibited and is a violation of these Terms.
- You and the entity that you represent assume full responsibility for the legal and responsible access to and use of the Developer Content.
- Security. Via your product, app or service you may collect and receive Device Data. In the event your systems or infrastructure that are used for storage, processing or hosting Device Data are breached or compromised, or if Device Data is inadvertently exposed to non-authorized third parties or you have become aware of any actual or suspected security incident involving Device Data, you shall notify Signify promptly of such a breach or exposure (in any event within 2 (two) hours of becoming aware of such exposure) and provide all available information, including likely impact of such event on Signify, root cause analysis, remediation steps and compensating controls to ensure such a breach does not occur in the future.
- Indemnification. You shall indemnify and hold Signify and Signify affiliates and their licensors and suppliers harmless from and against any losses, damages, liability and/or claims (including but not limited to all costs and expenses and attorney’s fees) arising out of or relating to your breach of these Terms, non-compliance with applicable law and/or arising out of or in connection with any claim made by a third party against Signify or Signify affiliates in connection with your app, product or service.
- Privacy and Personal Data. For the creation of your Hue developer account, Signify may receive certain Personal Data from you. Processing of such Personal Data is described in the Signify Privacy Notice for Customers, Consumers and Other Business Persons which can be found at – http://www.signify.com/global/privacy/legal-information/privacy-notice/. For purposes hereof, “Personal Data” means any information relating to an identified or identifiable natural person (Data Subject). An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person. “Processing” means any operation or set of operations which is performed upon data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Termination of Access. Signify is entitled to terminate without notice your Hue developer account and access to the Hue API and the Hue developer materials in the event of: (i) your breach of these Terms or non-compliance with applicable law(s); or (ii) no traffic is detected via your product, app or service for a period of six (6) months. Upon such termination, you will cease using the Developer Content and you shall promptly return or securely dispose of or destroy all such materials in your possession or control and if required by Signify certify such disposal or destruction in writing. The rights of Signify pursuant to this clause will be in addition to any other rights and remedies Signify may have at law or in equity. In the event of termination of your Hue developer account, the provisions of these Terms destined to survive such termination or expiration will so survive.
- Feedback. Signify welcomes any suggestions regarding changes, reconfigurations, improvements or enhancements to the Hue API and/or Hue developer materials and/or to the Philips Hue ecosystem (“Feedback”). If you provide Feedback to Signify, Signify will own (free of charge) all rights (including intellectual property rights) therein as of the date of receipt of such Feedback. You hereby assign your entire right, title and interest in and to all such Feedback to Signify and shall have all employees (from the company you work for) who have contributed to such Feedback assign their right, title and interest in same to Signify and shall do all acts which may be required for confirming foregoing assignment or for perfecting Signify’ title thereto.
- Non-Exclusive. You acknowledge that nothing in these Terms will impair Signify or any third party’s right to develop, manufacture, acquire, license, market, promote, or distribute products or technologies that perform the same or similar functions as, or otherwise compete with your product, app or service.
- Export Control. You acknowledge that certain transactions of Signify are subject to export control laws and regulations, including but not limited to the UN, EU and the USA export control laws and regulations, which prohibit export or diversion of certain products and technology to certain countries (“Export Regulations”). You shall comply in all respects with the export, re-export and transfer restrictions set forth in such Export Regulations or in export licenses (if any) for any product, technology, documentation and the Hue API and Hue developer materials supplied to you as well as for any product, app or service sold or otherwise disposed of by you or on your behalf.
- Limitation of liability. To the maximum extent permitted by applicable law, Signify, its affiliates and their licensors and suppliers will not be liable for any damages (including indirect, special, incidental, consequential, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data and business interruption) whether arising in tort (including negligence), contract or otherwise, arising from or relating to these Terms, including without limitation, access and use of the Developer Content.
- Modification of these Terms. These Terms may be amended by Signify at any time without notice. By continuing to access or use the Developer Content after such posting of the amended version, you will be deemed to have accepted such amendments. You are advised to regularly review these Terms.
- Assignment. You will not assign, transfer, or subcontract or deal in any other manner with any of your rights and obligations under these Terms without the prior written consent of Signify, which may be withheld, delayed or rejected in Signify’ sole discretion.
- Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable for any reason by any court or other competent body then the remaining provisions shall remain in full force and effect.
- Governing Law & Jurisdiction. These Terms will be governed by and construed in accordance with the laws of the Netherlands without regard to conflicts of law provisions thereof. The competent court in Amsterdam, the Netherlands shall have exclusive jurisdiction, provided that Signify will always be permitted to bring any action or proceedings against you in any other court of competent jurisdiction. Nothing in this clause will be construed or interpreted as a limitation on Signify’s right under applicable law to seek injunctive or other equitable relief.
- Listing. You agree that Signify may list your application in the “Apps we like” section of the Philips Hue app or at meethue.com. We may in our sole discretion promote and list only those applications which are fully compliant with these Terms.
version: 19 September 2019