aTerms 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. These Terms & Conditions do not apply to the use of such third-party products and/or services. Separate terms and conditions may apply between you and the provider/manufacturer of the third-party product and/or service in addition to these Terms & Conditions when using the Application in conjunction with such product/service. You must comply with applicable third-party terms of agreement when using the Application.

IKEA is not responsible or liable for the functionality, content or features of any third-party product and/or service.

The Application is only available to users who are [18] or over. You represent and warrant that you have the necessary legal competence, e.g. that you are of that legal age, to accept these Terms & Conditions and enter into a binding agreement. If you don’t have such necessary legal competence, you confirm that you have received your parent’s or guardian’s permission to use the Application and that your parent or guardian hereby agrees to the Terms & Conditions on your behalf.

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 a 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.

You hereby acknowledge that these Terms and Conditions are concluded between IKEA and you only, and not Apple. IKEA, not Apple, is solely responsible for the Application and the content thereof.

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 from third parties which through collaborations between the third party and IKEA are made compatible with the Application (“Third Party Products”).

IKEA will continue to develop the Application and reserves the right to make any type of changes to the Application, including changes in functionality. Changes may affect hardware and software that are integrated with the Application. IKEA also reserves the right to stop providing the Application. We will try to notify you before making any material changes to the Application; unfortunately, this is not always possible.

The Application and all intellectual property rights in it are the property of IKEA of Sweden AB, 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, 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 any Apple Product(s) 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 Third Party Products if you are a consumer, or ii) non-commercial use of operating the IKEA Home smart Products and/or 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 is subject to any 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, warrant and agree that while using the Application, you will not host, display, upload, modify, publish, transmit, update or share any information that:

• 1. belongs to another person and to which you do not have any right;
  2. is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harm minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonate another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Application;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Further, you will not use the Application with other products than the IKEA Home smart Products and/or 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.

As part of using the Application, you may create connections between various IKEA Home smart Products and/or Third-Party Products and 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.

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. Claims
2. 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, defence, 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 or similar legislation, including in connection with the Application’s use of the HomeKit frameworks.

1. Disclaimer and limitation of liability

The Application is provided as a standalone application service and shall not be considered an integrated part of any IKEA HOME SMART Products OR ANY THIRD-PARTY PRODUCT or service. a defect in, or unavailability of, the application shall in no event be interpreted as a defect in any IKEA product or ANY THIRD-PARTY product.

under no circumstances is IKEA responsible or liable for third-party products or services.

The Application is provided free of charge and “as is” and “as available” without warranty of any kind including for function, availability, fitness or use for a particular purpose. Any warranty obligation or any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will however not be apple’s obligation but Ikea’s.in the EVENT OF failure of the application to conform to any applicable warranty, you may however always notify apple.

in no event will IKEA be liable for Personal injury or any losses or damages, including but not limited to any incidental, consequential, direct or indirect damages, or loss of data, arising out of or related to your use or inability to use the Application.

IKEA’s AGGREGATE LIABILITY SHALL, IN ANY EVENT, BE LIMITED TO THE GREATER OF (i) ONE HUNDRED (100) EURO OR (ii) THE AMOUNTS PAID (IF ANY) BY YOU TO IKEA IN CONNECTION WITH THE APPLICATION IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES UNDER MANDATORY LAW, THE LIMITATION AND EXCLUSIONS LISTED IN THIS SECTION MAY THEREFORE NOT APPLY TO YOU IN ITS ENTIRETY.

1. 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.

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 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 to 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.

These Terms and Conditions were adopted by IKEA of Sweden AB on the 1^st of March 2023.