Terms and conditions for Ikea home smart application

These terms and conditions (the “Terms & Conditions”) apply to you (“you” or the “Customer”) when accessing and using the IKEA Home smart application and its content (the “Application”) and constitute a binding agreement between you and IKEA of Sweden AB, Swedish company registration no. 556074-7551, (“IKEA”, “we” or “us”) Tulpanvägen 1, 343 34 Älmhult. Sweden.

  1. Applicability and change of terms

By checking the acceptance box and proceeding to use the Application you agree to these Terms & Conditions. You do not have the right to use the Application without accepting these Terms & Conditions. These Terms & Conditions also apply to any content you download from and services you access through the Application.

The Application is compatible with certain third party products and/or services and these Terms & Conditions do not apply to the use of such third party products and/or services. The Application is principally designed for users who are 18 years old or over. By accepting these Terms & Conditions you confirm that you are 18 years or older and are of the legal contracting age. If you are not of legal contracting age, you need to have received your parent’s or guardian’s permission to use the Application and your parent or guardian must agree to the Terms & Conditions on your behalf. If you are a parent or legal guardian and you allow your child to use the Application, then these Terms & Conditions apply to you and you are responsible for your child’s use of the Application.

If you are entering into these Terms & Conditions on behalf of a company or an organization, you represent and warrant to IKEA that you have the right and authority to do so. When the Terms & Conditions are entered into with a company or organization you present, “you” or the “Customer” means that company or organization, as applicable.

By accepting these Terms and Conditions you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

These Terms & Conditions shall apply to the fullest extent permitted by applicable law (including mandatory law). IKEA reserves the right to change these Terms & Conditions at all times. We will notify you by providing notice through the Application. If you do not agree with the new Terms & Conditions you are free to reject them but unfortunately, you will then no longer have the right to use the Application. If you use the Application in any way after a change to the Terms & Conditions you agree to the new version of the Terms & Conditions.

It is important to understand that these Terms and Conditions are between IKEA and you only, and not Apple. IKEA, not Apple, is solely responsible for the Application and the content provided through the Application.

  1. Application

The Application is made for the purpose of operating IKEA products that are compatible with the Application and sold by IKEA or IKEA retailers (collectively the “IKEA Home smart Products” and each an “IKEA Home smart Product”) or products and services from third parties which through collaborations between the third party and IKEA are made compatible with the Application (“Third Party Products”). The Application is a part of the IKEA Home smart Products, meaning that the absence of the Application would prevent the IKEA Home smart Products from performing their functions. This means that the Application is subject to the consumer protection rights as applicable when purchasing IKEA Home smart Products and stated in any applicable terms of purchase.

IKEA will continue to develop the Application and reserves the right to make any type of changes to the Application, including changes in functionality to the extent permitted by mandatory consumer protection legislation. Changes may affect hardware and software that are integrated with the Application. IKEA will also inform you about and supply you with necessary updates, including security updates. IKEA will supply such updates for three years from the day the IKEA Home smart Products were delivered or for a longer period if agreed.

In some cases, you need to take action to update the Application. You are free to choose whether to install the updates provided. If you decide not to install the updates, you should, however, not expect that the Application remains in conformity with the purchase agreement for the IKEA Home smart Product or this Agreement. If you decide not to install updates that are necessary for keeping the Application in conformity with our agreement, including security updates, it will affect our liability for conformity in relation to those features that the relevant updates are supposed to maintain in conformity. If an update is required, we will inform you of this and any consequences of not implementing the update.

The Application and all intellectual property rights in it are the property of Inter IKEA Systems B.V., and IKEA and its licensors retain all rights, title, and interest in and to the Application and any updates we may make available to you.

We may, from time to time and to the extent permitted by mandatory consumer protection legislation, restrict access to certain features, functions or content of, or services accessible through, the Application to users who have registered with us.

  1. Your right to use the Application

Subject to these Terms & Conditions, IKEA hereby grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Application, as provided to you by IKEA, on an Apple device compatible with the Application that you own or control and solely for i) your lawful, private, personal and non-commercial use of operating the IKEA Home smart Products and/or accessing Third Party Products if you are a consumer, or ii) non-commercial use of operating the IKEA Home smart Products and/or accessing Third Party Products if the Customer is a company or organization. Notwithstanding the foregoing, the Application may, when applicable, be accessed and used by other accounts associated with the Customer via Family Sharing or volume purchasing. The license may also be subject to any additional usage rules set forth by Apple published in its App Store terms of service. You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the Application to that device. You accept responsibility, in accordance with these Terms & Conditions, for all access to, and use of, the Application by you on any device, whether or not it is owned by you.

You represent and warrant and agree that you will not use the Application in a manner that violates applicable law or infringes on any third parties’ rights and that you will not use the Application with other products than the IKEA Home smart Products and/or the Third Party Products. If you use the Application in a manner that violates the Terms & Conditions IKEA may limit or terminate your access to the Application.

We cannot and do not guarantee the continuous, uninterrupted, or error-free operability of the Application or that the Application will respond at a certain speed (since this depends on a number of factors outside our control).

Any questions or complaints regarding the IKEA Home smart Products or Third Party Products shall be directed to the IKEA retailer from which the IKEA Home smart Product or the Third Party Product was purchased. The contact details of the IKEA retailer can be found at: www.ikea.com.

  1. Third Party Products

As part of using the Application, you may create connections between various IKEA Home smart Products and/or Third Party Products and the Application. IKEA has no control over the provision of Third Party Products and IKEA is not responsible or liable for the functionality, content, or features of any Third Party Product.

When you do use Third Party Products in conjunction with the Application you acknowledge that the separate terms and conditions of the provider of those Third Party Products will apply. We have no responsibility for those terms but recommend that you read such terms so you are aware how they may affect your use of the Application.

You acknowledge and agree that you will not connect any physical devices or third party services to the Application, or otherwise use the Application, in a manner that could be dangerous to you or to others, or which could cause damage to any property.

  1. Claims

If you have a complaint regarding the Application we invite you to contact the IKEA retailer from which the IKEA Home smart Product was purchased to address any concerns you may have.

In addition, you have the right to complain regarding the Application in accordance with the consumer protection rights applicable to you. The IKEA retailer from which the IKEA Home smart Product was purchased, is liable for defects in the Application, defects due to the lack of updates, and to provide security updates and other necessary updates for three years from the day the IKEA Home smart Product was delivered or for a longer period, if agreed. The contact details for complaints are stated at www.ikea.com. Any questions, complaints, or claims with respect to the Application shall be directed to the IKEA retailer from which the IKEA Home smart Product was purchased.

In the event of any third party claim that the Application or your possession and use of the Application infringe that third party’s intellectual property rights, IKEA, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

IKEA, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claims that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the Application’s use of the HomeKit frameworks.

  1. Right of withdrawal

You have the right to stop using the Application at any time.

  1. Disclaimer and limitation of liability

under no circumstances is ikea responsible or liable for third party products or services if a) such third party product and/or service is sold or provided by another party or b) in case of a service if the service is preventing the IKEA Home Smart Products from performing their functions.

  1. IKEA IS SOLELY RESPONSIBLE FOR ANY PRODUCT WARRANTIES; WHETHER EXPRESSED OR IMPLIED BY LAW. IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND ANY PURCHASE PRICE FOR THE APPLICATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
  2. Privacy Notice

IKEA takes your privacy seriously. Our collection and use of personal data in connection with the Application are described in the IKEA Home smart Privacy Statement.

We use cookies and other similar technologies in order to provide our services through the Application. Our use of such cookies is described in the IKEA Home smart Cookie Policy.

  1. Assignment

You may not assign, delegate or transfer these Terms & Conditions or your rights or obligations hereunder, in any way (by operation of law or otherwise) without IKEA’s prior written consent. We may transfer, assign, or delegate these Terms & Conditions and our rights and obligations without your consent.

  1. Other

You hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the Application.

You hereby acknowledge that Apple and its subsidiaries may be third party beneficiaries of these Terms and Conditions and, upon your acceptance of these Terms and Conditions, Apple and Apple’s subsidiaries will have the right to enforce the Terms and Conditions against you as a third party beneficiary thereof.

You must comply with any applicable third party terms of agreement when using the Application, such as your mobile phone provider's data usage agreement.

If any provision of these Terms and Conditions is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal, or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.

  1. Choice of law and jurisdiction

Any disputes regarding the interpretation or application of these Terms & Conditions shall be governed by the law of your country of residence and shall be exclusively settled by the courts of that jurisdiction.

In the event you have a complaint regarding the Application we ask that you contact us first and address your complaint to the IKEA retailer you purchased your products from or, alternatively, contact us at [email protected].

In the unlikely event that our Customer Relations team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, you may refer your complaint to RetailADR (previously 'The Retail Ombudsman'), which is a certified Alternative Dispute Resolution provider. IKEA is a member of RetailADR and follow their Scheme Rules, which means that we will be bound by their decision.

Address: RetailADR, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP

Phone: 0203 540 8063

E-mail: [email protected]

Web: www.retailadr.org.uk

Alternatively, if your complaint is regarding products or services purchased from IKEA.com and you are not satisfied with the resolution we have provided, the EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr/.

Please note that following submission of your complaint on the EU platform, you will be directed to RetailADR. You may therefore refer your complaint directly to them.

These Terms and Conditions were adopted by IKEA of Sweden AB on 1st of October 2022.