Terms of service

Last Updated: 14/03/2025
Effective Date: 17/03/2025

 

1. Introduction

 

This Terms of Use ("Agreement") is between you ("you" or "user") and Shenzhen Conex Intelligent Technology Co., Ltd. and its authorized U.S. distributor Idlespace Technology Co.,Ltd.  (collectively, “Conex”, “we”, “us” or “our”). This Agreement applies to all users accessing our websites or applications that reference or link to this Agreement.

Before creating an account or using our services, carefully read and fully understand the terms of this Agreement, especially those regarding service fees, applicable laws, dispute resolution, liability limitations, and your rights and obligations, highlighted in bold.

By clicking "Agree" on our website/applications or creating and using an account ("Account"), you agree to this Agreement and its terms. If you disagree, you must exit and cease using our services.

 

2. User account, Accuracy & Security

 

2.1 Creating an Account

When accessing and using certain features of our websites or applications, including but not limited to Home Access App and related smart home devices and services (collectively,  “Our Services”), you may be required to create a user account and provide personally identifiable information.

Upon successful account creation, your credentials will enable you to log in and access our Services.

 

2.2 Information Accuracy

Information you provide will be processed solely for identity verification purposes and will not be used for unrelated reasons. You represent and warrant that all user information provided with your Account and during your use of our services is current, complete, and accurate. You agree to promptly update your personal profile to maintain accuracy and completeness. You must not submit false information (including usernames, likenesses, or profiles) to impersonate any actual or fictional individual. If we determine at our sole discretion that your information is not current, complete, or accurate, we reserve the right to refuse or terminate your access to Our  Services. Refer to our Privacy Policy for additional details.

 

2.3 Account Security

You may be required to create a username, password, and possibly provide other information to secure your Account. You are fully responsible for maintaining your password’s confidentiality. Do not use or share usernames or passwords of other individuals or attempt to bypass authentication measures to access our services. Notify us immediately of any unauthorized use of your Account. We are not liable for any losses incurred due to unauthorized use of your Account, whether known or unknown to you. You may be held responsible for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, or representatives due to unauthorized use of your Account.

 

3. Privacy Policy & Cookies

 

By using our Services, you represent and warrant that you have read, understood, and agree to be bound by our Privacy Policy (the “Privacy Policy”).

As described in detail in the Privacy Policy, our websites utilize cookies to collect certain information. Please carefully read and understand our Cookie Notice before using our websites.

 

4. Eligibility

By accessing or using Our Services, you represent and warrant that you are at least eighteen (18) years old and legally capable of entering into binding contracts under applicable law. If you use Our services on behalf of a business entity, you further represent and warrant that you are duly authorized to act and enter into agreements on behalf of that business entity.

 

5. Purchases & Payments

When purchasing products through our websites or applications, you must provide billing and shipping information along with credit or debit card details (each a “Payment Card”) to enable us to charge you for your purchase, including applicable taxes, shipping, and handling fees. You represent and warrant that you are the authorized holder of any Payment Cards submitted through our websites or applications. By submitting your payment details, you agree to authorize us to charge your Payment Card accordingly.

Your order represents an offer to purchase the selected products. Upon placing an order, we will send an email acknowledgment containing order details ("Order Confirmation Email"). This email confirms receipt but does not constitute acceptance of your order. Acceptance and conclusion of the sale occur when we dispatch the product(s) and send a dispatch confirmation email.

If you are not entirely satisfied with products purchased from our websites or applications, you may return them, unopened and in original packaging, within thirty (30) days of purchase for a refund. Refund requests should be made by contacting us through our customer service channels provided on our websites or applications. Beyond this 30-day return period, recourse regarding product issues will be managed exclusively through our warranty policies.

 

6. License to Use Service

 

Subject to your adherence to this Agreement, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to access our services for personal use only.

This license expressly prohibits the following actions:

 

-Republishing materials from our services, including republication on other platforms or services;

-Selling, renting, or sublicensing materials from our services;

-Displaying any materials from our services publicly;

-Reproducing, duplicating, copying, or otherwise exploiting materials from our services for commercial purposes;

-Editing or modifying any materials from our services;

-Redistributing materials from Our services unless explicitly permitted by us for redistribution.

 

Except where otherwise indicated, all intellectual property rights related to our services and associated materials remain exclusively owned by us or our licensors. All rights not explicitly granted in this Agreement are reserved by us.

 

7. Assumption of Risk

You knowingly and voluntarily assume all risks associated with using our services. You agree to release, waive, discharge, indemnify, defend, and hold harmless Conex, their respective officers, directors, employees, agents, affiliates, representatives, successors, assigns, and subsidiaries from all claims, actions, losses, damages, liabilities, or harm, including bodily injury, property damage, emotional distress, loss of privacy, wrongful death, or other damages arising from or connected to your use of our services.

 

8. Prohibited Conduct

We impose specific restrictions on your use of our services. Any violation of this Section 8 may result in civil or criminal liability.

 

You must not:

-Use our services in ways that damage or impair their availability, accessibility, or performance;

-Engage in unlawful, illegal, fraudulent, or harmful activities using Our services;

-Use our services to copy, store, host, transmit, or distribute malicious software such as spyware, viruses, worms, Trojan horses, keystroke loggers, rootkits, or other harmful software;

-Conduct systematic or automated data collection activities (including scraping, data mining, data extraction, and data harvesting) on or related to our services without explicit written consent;

-Provide false, misleading, or inaccurate information in connection with our services;

-Impersonate or misrepresent your affiliation with any person or entity;

-Access or attempt to access content or data not intended for you, or unauthorized servers or accounts;

-Probe, scan, or test the vulnerability of our services or associated networks, or breach security or authentication measures without proper authorization;

-Interfere with the use of our services by other users, hosts, or networks by submitting malware or exploiting vulnerabilities;

-Forge, modify, or falsify any network packet, protocol header, or metadata related to Our services;

-Create additional accounts to promote your own or another's business or induce others to do so;

-Pay or offer to pay anyone for interactions on our services;

-Use our services to transmit unsolicited commercial communications;

-Use our services for any marketing purposes without our express written permission.

 

9. Reviews, Comments, Communications, and Other Content

In this Agreement, "your user content" means any material (including text, images, audio, video, and audiovisual materials) you post on our website or other related platforms for reviewing, commenting, or providing feedback on our products or services.

You grant us a worldwide, irrevocable, non-exclusive, royalty-free, and sublicensable right to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media in connection with our services, including promoting and redistributing our services. This license does not grant any rights or permissions to use your content independent of the services. Additionally, you authorize us to pursue actions for infringement of these rights against third parties without requiring your explicit permission.

You warrant that your user content is lawful, does not infringe on third-party rights, and will not give rise to legal action against you, us, or any third party under applicable law. Do not submit any user content to Our services that is or has ever been subject to threatened or actual legal proceedings or similar complaints.

We reserve the right, at our sole discretion, to edit or remove any content submitted, stored, hosted, or published on Our services. While we reserve these rights, we do not undertake to monitor user submissions and accept no responsibility for any user-generated content.

 

10. No Warranties; Limitation of Liability

 

10.1 No Warranties

We, along with our licensors and suppliers, explicitly disclaim all warranties, express or implied, regarding Our services. This includes, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, absence of encumbrances, and title, as well as warranties arising from trade practices or prior usage. Neither we nor our licensors or suppliers warrant that Our services will meet your expectations or that their operation will be uninterrupted or error-free. We are not liable for damages arising from the provision of Our services, including errors, delays, interruptions, omissions, or defects, whether caused by negligence or otherwise. We shall not be liable for indirect, incidental, special, consequential, or punitive damages (including loss of profits or revenues), arising from the acts or omissions of ourselves, our affiliates, licensors, suppliers, or representatives.

 

10.2 Your Responsibility for Loss or Damage; Backup of Data

You acknowledge and agree that your use of Our services is solely at your own risk. We and our licensors and suppliers are not liable for any loss or damage resulting from your access to or use of Our services, including damage to computers, mobile devices, or loss of data. Our services may contain bugs, errors, or limitations, and you are responsible for implementing adequate data backup measures.

 

10.3 Limitation of Liability

Under no circumstances shall we or our licensors or suppliers be liable for claims arising from your use of Our services, including incidental, special, or consequential damages, lost profits, lost data, loss of privacy, or costs of substitute services, regardless of foreseeability or prior notice. This limitation applies regardless of the legal theory under which damages are claimed, including breach of contract or negligence. You agree this limitation of liability represents a reasonable allocation of risk and is fundamental to our agreement to provide Our services.

 

10.4 Application of Disclaimers

These disclaimers and limitations apply in addition to other disclaimers or limitations agreed upon between you and us or our licensors and suppliers. Certain jurisdictions may not permit the exclusion of specific warranties or limitations of liability, so the above may not fully apply to you. Our licensors and suppliers are intended third-party beneficiaries of these disclaimers. No advice or information obtained by you from Our services or otherwise shall alter the terms of these disclaimers.

 

10.5 No Advice

No content provided through Our services constitutes professional legal, financial, or medical advice. If you need such advice, you must consult a qualified professional.

 

11. Consent to Receive Electronic Communications from Us

By creating an account and providing your email address to us, you expressly consent to receive electronic and other communications from us periodically, including emails about your purchases and customer service inquiries.

We may also send or display information regarding Our services, promotions, and other relevant information, using the email address you provided, subject to your prior opt-in consent as required by applicable law.

You can unsubscribe from promotional emails at any time by clicking the unsubscribe link included in every promotional email communication we send. After unsubscribing, you will no longer receive promotional emails, though we may still contact you as necessary for non-promotional purposes related to products, services, or transactions you have requested.

 

12. Intellectual Property

You agree to comply with all applicable laws and respect the intellectual property rights of others when using Our services. Your use of these services is governed by copyright, trademark, and other intellectual property laws. You agree not to upload, post, transmit, display, or distribute content that violates third-party intellectual property rights.

 

Copyright and all other proprietary rights in Content provided by Conex, its affiliates, subsidiaries, brand licensees and/or other partners, the software to operate and publish the Site, the compilation of data on the Site, and the order, sequence and arrangement of this Site, are owned by or licensed to Conex or its parent company. You may print off one copy, and may download extracts, of any page from our Site for your personal use. You may not modify the extract or copy nor use any Content separately from the accompanying text. You may not scrape the Site through automated means.

PHILIPS is a registered trademark of Koninklijke Philips N.V. 

 

13. Reasonableness

By using Our services, you agree that the exclusions and limitations of liability stated in this Agreement are reasonable. If you do not think they are reasonable, you must not use our Services.

 

14. Other Parties

Our services may contain links to third-party services ("Third Party Services"), including those with or without a relationship with us. We do not control the content, performance, or availability of Third Party Services and are not responsible for reviewing or monitoring the material provided by them. We do not endorse or make warranties regarding the accuracy, legality, quality, or content of any Third Party Services. You assume all responsibility and risk for any damages or losses resulting from your use of Third Party Services.

 

You acknowledge and agree that, as a limited liability entity, we have a legitimate interest in limiting the personal liability of our officers and employees. Accordingly, you agree not to bring any personal claim against our officers, employees, or affiliated entities in connection with your use of Our services.

Additionally, the disclaimers and limitations of liability outlined in this Agreement apply equally to our officers, employees, agents, affiliates, subsidiaries, successors, assigns, and subcontractors.

 

15. Indemnity

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Conex, and their respective affiliates, licensors, officers, employees, and representatives (collectively, the "Indemnitees") from and against any and all claims, demands, causes of action, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or relating to:

 

(i) your relationship with us; (ii) your breach of this Agreement; (iii) your use of Our services or any related products; (iv) your submission of data or content to us; (v) your violation of any applicable laws or regulations; (vi) your breach of the prohibited conduct terms in Section 8; or (vii) your violation of any third party’s intellectual property or other rights.

 

The Indemnitees reserve the right, at their own expense, to participate in the defense of any matter for which you are required to indemnify them. You may not settle any such matter without the prior written consent of the affected Indemnitees.

 

16. Termination, Dispute Resolution, and Notices

We may suspend or terminate your access to our services at any time, with or without cause or notice. If this Agreement is terminated, all rights granted to you will end immediately. We may also delete your data and take measures to prevent further access.

Sections of this Agreement that are intended to survive termination will remain in effect.

 

This Agreement is governed by the laws of the United States and the State of California. Any dispute will be resolved through binding arbitration in Los Angeles County, California, under the rules of the American Arbitration Association (AAA). The arbitration will be conducted in English. Either party may seek court action for urgent equitable relief related to intellectual property rights.

We will send you notices via the email address you provide. You are responsible for keeping your contact details current. Notices to us should be emailed to philips.ddl.usa@idlespacetech.com or submitted via our official support channels.

 

17. Miscellaneous

Assignment: We may transfer or assign our rights and obligations under this Agreement without notice. You may not transfer or assign your rights or obligations without our prior written consent.

Severability: If any part of this Agreement is found unenforceable, the rest remains effective. Unenforceable provisions will be removed or modified to the extent necessary.

No Waiver: Our failure to enforce any term does not waive our right to enforce it later.

Independent Relationship: You and we are independent parties. This Agreement does not create any employment, agency, joint venture, or partnership relationship.

Third-Party Rights: This Agreement does not grant any rights to third parties, except as expressly provided.

Entire Agreement: This Agreement, including our Privacy Policy, is the entire agreement between you and us regarding your use of our services.

Changes to Terms: We may update this Agreement. Material changes will be communicated to you, and the updated date will be reflected at the top of the Agreement.