SAMSUNG MAX APPLICATION TERMS OF SERVICE
IMPORTANT – PLEASE READ CAREFULLY BEFORE OPERATING THE SERVICE (DEFINED BELOW). THESE TERMS OF SERVICE (“TOS”) ARE A LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG ELECTRONICS CO., LTD. (“SAMSUNG”) FOR THE SAMSUNG MAX APPLICATION AND ANY RELEVANT SOFTWARE OR DOCUMENTATION THEREOF PROVIDED BY SAMSUNG, ITS AFFILIATES, ITS THIRD PARTY SUPPLIERS, AND/OR LICENSORS (COLLECTIVELY, THE “SERVICE”). BY INSTALLING OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS, INCLUDING THE DISPUTE RESOLUTION PROVISION. IF YOU DO NOT AGREE TO THE TOS, DO NOT INSTALL OR USE THE SERVICE. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TOS, YOU MUST STOP USING THE SERVICE. IF THESE TOS CHANGE AND YOU CONTINUE TO USE THE SERVICE OR FAIL TO UNINSTALL THE SERVICE FOLLOWING ANY SUCH CHANGE, YOU AGREE TO BE BOUND BY THE TOS.
Samsung Max is an application and cloud service that offers data management and data savings, and app data usage privacy services to device users. It provides real-time data usage information and allows users to manage data usage of apps on the device for both mobile and Wi-Fi networks. When a user enables Samsung Max savings, compression, rate limiting or mobile optimization is applied to video, images, websites and some audio across all browsers and most apps on the device, effectively extending the life of the user’s mobile data plan.
Additionally requests are analyzed on the device and determined if they are eligible for savings or other Samsung Max services. Any traffic that is sent from the device to Samsung Max cloud servers for data savings, data management, or privacy are sent through an SSL encrypted and secured connection. Data requests are analyzed and sometimes blocked if they are determined to be tracking requests or other requests that the end user requested to be blocked by the Max app or cloud (e.g. ad blocking or image blocking). In Samsung Max “Secure Wifi” or privacy mode feature DNS requests are masked from network operators as an extra privacy protection feature.
The Max service is currently ad supported with 3rd party advertising served from Facebook audience Network and Google’s admob. Ad revenue is used to subsidize the cost of operating the cloud service. Other ad network providers may be added in the future, and some providers may be removed in order to keep the service sustainable to operate and offer value to Samsung Max users.
Samsung Max is working to offer data savings and increase the amount of control users have over their apps and data usage. To do this for some of the leading services Samsung Max offers customized webapp experiences. Samsung Max runs the webapp (essentially a mobile website version of a popular service or app) inside a customized web container inside the Samsugn Max application. This allows Samsung Max to offer higher levels of data savings, privacy protection, and end user control over the experience of the webapp
This SERVICE supports a limited set of languages. This SERVICE is designed to be used in the countries where support services are officially provided. In the case that this SERVICE is used in non-supported countries, this SERVICE may be limited or apt to cause error. This SERVICE is designed to be used in devices that are enabled to support the various features within the SERVICE. Non-supported devices may result in you experiencing limited or non-functional features. This SERVICE is provided “as is”. SAMSUNG does not guarantee the results of this SERVICE, including, without limitation, data usage monitoring, data savings, privacy protection, app management, or any other feature included in the SERVICE.
1. Grant of License
Subject to the terms and conditions of these TOS, you are granted a limited, non-exclusive, and revocable license to install, access and use the SERVICE. The services and features provided by the SERVICE or any Update (defined below) thereto may vary or be limited depending on certain factors, including, without limitation, your country, device, operating system, or network operator. If you are under the age of 13, you may not use the SERVICE. If you are 13 years old or older but under the age of 18 (a “Minor”), you are not permitted to enter into these TOS or use the SERVICE unless your parent or legal guardian understands and consents to the terms and conditions of these TOS on your behalf. If you are a parent or legal guardian permitting a Minor to use the SERVICE, you agree to: (i) supervise the Minor's use of the SERVICE; (ii) assume all risks associated with the Minor’s use of the SERVICE, (iii) assume any liability resulting from the Minor’s use of the SERVICE; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor or, if required by the laws of your jurisdiction, submit all required information truthfully and accurately on behalf by the Minor; and (v) assume responsibility and are bound by these TOS for the Minor’s access and use of the SERVICE.
2. Reservation of Rights and Ownership
This SERVICE includes software and data provided by third parties. You acknowledge that the SERVICE is proprietary to Samsung and its licensors, and protected under applicable copyright and other intellectual property laws and treaties. These TOS and your use of the SERVICE do not grant you any ownership interest in or to the SERVICE, and you are granted only a limited, personal, non-exclusive, non-transferable license to use that is revocable in accordance with the terms of these TOS. You may not use the SERVICE to reproduce copyrighted materials, or materials you do not have the right or legal approval for reproduction. You further acknowledge and agree that, as between you and SAMSUNG, SAMSUNG owns and shall continue to own all right, title and interest in and to the SERVICE, including associated intellectual property rights under any applicable laws. Notwithstanding anything to the contrary herein, if the SERVICE provides you with the ability to post or submit content, we do not claim ownership of any content that you post or submit on the SERVICE. You represent and warrant that you have secured (and are able to produce proof in writing) of any and all rights necessary and appropriate to submit the content on the SERVICE, including all necessary releases. You do however grant us a perpetual, worldwide, unrestricted, non-exclusive, royalty-free, transferable license to use the content that you post or submit on the SERVICE.
Except for private and non-commercial use, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner, photocopied or reproduced without prior written consent of Samsung or its partner. Any other use of the SERVICE, including any commercial use, modification, distribution or republication without prior written consent of Samsung is strictly prohibited.
Except to the extent that mandatory local law requires that you be able to do so, you may not (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the SERVICE; (ii) modify or disable any features of the SERVICE in whole or in part; (iii) create derivative works based on the SERVICE; (iv) rent, lease, lend, sublicense or provide commercial hosting services with the SERVICE; (v) infringe our intellectual property rights or those of any third party in relation to your use of the SERVICE (to the extent that such use is not licensed by these TOS); (vi) use the SERVICE in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these TOS, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the SERVICE or any operating system; (vii) use the SERVICE in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (viii) collect or harvest any information or data from the SERVICE or our systems or attempt to decipher any transmissions to or from the servers running the SERVICE; (ix) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the SERVICE; (x) disobey any technology control or export laws and regulations that apply to the technology used or supported by the SERVICE; and (xi) harass, threaten or harm any other person. If you are a covered entity, business associate or representative of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), You agree that you will not use the SERVICE to create, receive, maintain or transmit any “protected health information” (as such term is defined at 45 C.F.R § 160.103).
4. Update, Change or Suspension of the SERVICE
Samsung may, at any time, provide or make available updates or upgrades to the SERVICE (“Updates”), including without limitation bug fixes, service enhancements, new features, deletion of existing functions, or modification of the SERVICE. Updates will be governed by these TOS unless separate terms and conditions are provided with such Updates, in which case those separate terms and conditions shall govern the Updates. Updates for security software or critical bug fixes or other important Updates may be automatically downloaded and installed given the importance of receiving such Updates in a timely manner to help protect you and other users.
Samsung expressly reserves the right to change, suspend, remove, limit the use of or disable the access to the SERVICE or any portion thereof at any time without notice or liability.
5. Third Party Services and Content
6. Consent for Collection and Use of Data
7. Data Access
Some features of the SERVICE may require your device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The SERVICE may require access through your mobile network, which may result in additional charges depending on your payment plan. In addition, your enjoyment of some features of the SERVICE may be affected by the suitability and performance of your device hardware or data access.
8. Compliance with Law
You acknowledge and agree to comply with any and all applicable laws and regulations in using the SERVICE, including, without limitation, all applicable export restriction laws and regulations.
It is our policy to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are a copyright owner or an agent thereof and believe that any posting or other content on the SERVICE infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Steve Merlis, Senior Counsel - Federal Affairs Samsung Telecommunications America, LLC 1200 New Hampshire Ave., N.W. Suite 500 Washington, DC, 20036 Telephone: 202-552-7595 Email: firstname.lastname@example.org
These TOS are effective until terminated. You can terminate these TOS by ceasing your use of the SERVICE and uninstalling, deleting 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 application, email or etc.).
10. Disclaimer of Warranty
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM SAMSUNG, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG DISCLAIMS ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, QUIET ENJOYMENT, NON INFRINGEMENT OF THIRD PARTY RIGHTS OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAMSUNG OR ITS AFFILIATES SHALL BE DEEMED TO ALTER THIS DISCLAIMER BY SAMSUNG OF WARRANTY REGARDING THE SERVICE, OR TO CREATE ANY WARRANTY OF ANY SORT FROM SAMSUNG.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (ii) WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALIFY OF THE SERVICE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED.
11. Limitation of Liability
11.1 Samsung and You do not limit or exclude liability for any types of loss or damage for which liability cannot, under applicable law, be excluded or limited, to the extent that the applicable law prevents such exclusion or limitation, or to the extent that a court of competent jurisdiction judges that such an exclusion or limitation would be ineffective under applicable law.
11.2 Subject only to 11.1, Samsung and its affiliates and providers 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, indirect, special, consequential, special 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 network charges.
11.3 Subject only to 11.1 and 11.2, Samsung’s total financial liability to You arising from or in connection with these TOS, the SERVICE or related matters shall not exceed the amount you paid Samsung or Samsung’s affiliate specifically for this SERVICE.
11.4 You acknowledge that the above provisions of clauses 10 and 11 are reasonable given the benefits of the SERVICE and you will accept such risk and/or insure accordingly.
11.5 IT IS ESSENTIAL THAT YOU BACK UP YOUR DATA ON YOUR DEVICE BEFORE USING THE SERVICE TO AVOID LOSING ANY DATA.
11.6 No provision in these TOS shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) SAMSUNG’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) SAMSUNG’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these TOS, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.
Unless prohibited by applicable law, You agree to indemnify, defend, and hold harmless Samsung, its affiliates, its contractors, employees, and agents from any claims, losses, damages, liabilities (including legal fees and expenses) arising out of your use of the SERVICE, your violation of the rights of any third party, or any breach of these TOS.
13. Dispute Resolution
13.1 Choice of Law. These TOS, including all revisions and amendments thereto, are governed by and construed in accordance with the laws of New York, without regard to its conflict or choice of law principles.
13.2 Arbitration. By installing or otherwise using the SERVICE, you unconditionally consent and agree that: (i) any dispute (whether in contract, tort, or otherwise) you may have against any Samsung entity, the officers, directors, agents and employees of any Samsung entity (the “Samsung Entity(ies)”) arising out of, relating to, or connected in any way with the SERVICE or the determination of the scope or applicability of this clause, will be resolved exclusively through final and binding arbitration, and not by a court or jury. The arbitration shall be administered by JAMS and conducted before a single arbitrator in accordance with the rules of JAMS (which are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267); (ii) this clause is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York City, New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of the TOS and any other agreements referenced herein that you have agreed to in connection with the SERVICE; (v) the arbitrator shall decide all issues of interpretation and application of this arbitration provision, shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION; (vii) the arbitrator shall not have the power to award punitive damages against you or any Samsung Entity; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Samsung Entity exceed Fifty US Dollars (US$50), and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Samsung shall pay the remainder of such fees. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Samsung will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive; and (ix) with the exception of subsection (vi) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subsection (vi) above is found to be invalid, unenforceable or illegal, the entirety of this arbitration provision shall be null and void, and neither you nor Samsung shall be entitled to arbitrate the dispute. YOU MAY OPT OUT OF THIS DISPUTE RESOLUTION PROVISION BY PROVIDING NOTICE TO SAMSUNG NO LATER THAN 30 CALENDAR DAYS FROM THE DATE YOU INSTALL THE SERVICE. To opt out, you must send notice by e-mail to email@example.com, with the subject line: “ARBITRATION OPT OUT.” You must include in the opt out e-mail (a) your name and address; (b) the date on which the Service was installed; and (c) the IMEI or MEID or Serial Number, as applicable, for the device on which the Service was installed. Alternatively, you may opt out by calling 1-800-SAMSUNG (726-7864) no later than 30 calendar days from the date you first install the Service and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution provision. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
Sections 2, 3, 10, 11 and 12 of these TOS, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of these TOS, and shall remain valid and binding.
The headings contained in these TOS are for reference purposes only and shall not affect the meaning or interpretation of these TOS.
16. No Waiver
The failure of SAMSUNG to enforce at any time any of the provisions of these TOS, or the failure by SAMSUNG to require at any time performance by you of any of the provisions of these TOS, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of SAMSUNG to enforce such provision thereafter. The express waiver by SAMSUNG of any provision, condition or requirement of these TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
17. Entire Agreement
These TOS are the entire agreement between you and Samsung relating to the SERVICE and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SERVICE or any other subject matter covered by these TOS. If any provision of these TOS is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
18. Electronic Communications
When you use the SERVICE or send email(s) to Samsung, you are communicating electronically. You consent to receive communications from Samsung electronically by way of email or SMS. You agree that all agreements, notices, disclosures and other communications that Samsung provides to you electronically satisfy all legal requirements. In connection with your use of the SERVICE, Samsung may send you SERVICE announcements, administrative messages, and other information.