Smart TV User License Agreement
Effective Date: July 21, 2019
Alphonso Inc. develops and distributes certain software applications for set top boxes, smart televisions. The Alphonso Apps are built around what we call “Video AI”. Video AI refers to Alphonso’s ability to collect and analyze publicly available content (TV shows, advertisements, movies, games) being played on or through a TV, including Alphonso’s automatic content recognition (ACR) collection technology. The Video AI data collection, storage, analysis and reporting tools are collectively referred to as the Service.
Requirements For Participation
In order to participate in this program, you must:
- Be at least 18 years of age and capable of entering into a binding agreement;
- Be the parent or legal guardian of anyone under 18 having access to the device on which Video AI is activated;
- Own the device that you allow to be configured to use Video AI;
- Not be employed or related to an individual employed by an unaffiliated market research company; and
What if I wish to stop participating in this program?
You may turn off Video AI at any time through the settings menu of your device.
Please note: we may continue to use information collected prior to your deactivation of the Video AI service, but all such information remains fully subject to, and governed by, the agreement effective at the time of your resignation.
How will I be notified of changes to this Agreement?
If we change our practices in how we handle personal information, or if we materially change other aspects of our program, including but not limited to any changes to the scope or nature of incentives provided, we will provide this new information and allow you re-Opt-In to the Service.
What are my obligations as a participant?
As a participant, you agree to:
- Allow Video AI to collect and use information obtained from your device as described in this agreement;
- Make reasonable efforts to ensure that any other person who watches the device is aware of and agrees to the terms of this agreement; and
- Allow updates to the program.
As a participant, you agree not to:
- Attempt to reverse engineer, decompile, or disassemble the program.
What is our commitment to participants?
The Service incorporates and implements patented technologies. For more information visit https://alphonso.tv/patents/.
ALL ASPECTS OF THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ALL ASPECTS OF THE SERVICE ARE PROVIDED WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF ACCURACY, INTEGRATION, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. ALPHONSO AND ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) ANY RESULT OR OUTCOME CAN BE ACHIEVED. USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
You agree that Alphonso shall not be responsible or liable for any unauthorized access to, alteration or use of your account, transmissions or data, or for any material or data sent or received or not sent or received through the Service.
IN NO EVENT SHALL ALPHONSO (OR ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS) BE LIABLE CONCERNING ANY ASPECTS OF THE SERVICE, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGIES, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) DAMAGES, IN THE AGGREGATE, IN EXCESS OF US$100.00, EVEN IF ALPHONSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
United Kingdom Users: Nothing in this agreement shall exclude liability for death of personal injury arising out of negligence or fraudulent misrepresentation in connection with your use of the software.
German Users: Your right to prove that no damage has occurred remains unaffected by the foregoing. Some of the forgoing provisions may be ineffective in certain countries/states/provinces/jurisdictions, so the above acknowledgements and terms may not apply to you in their entirety.
What are the other legal terms and conditions of participating in this program?
Governing Law: A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Alphonso agree that any claim or cause of action arising out of or related to the Service must be commenced within one year after the claim or cause of action arose, otherwise, such claim or cause of action is permanently barred.
This agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. In the event of any conflict between US and foreign laws, regulations and rules, US laws, regulations and rules shall govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
ANY ARBITRATION HEREUNDER WILL TAKE PLACE ONLY ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND ALPHONSO ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions hereunder, including without limitation, this section.
General Provisions: Your rights and obligations hereunder are personal to you, and are not assignable, transferable or sublicensable by you except with Alphonso’s prior written consent. Alphonso may subcontract, delegate, assign or otherwise transfer any or all of its rights, licenses and obligations hereunder without your consent. All waivers, consents and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created, and neither party has any authority of any kind to bind the other in any respect. All notices will be in writing, in English and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail or express courier, return receipt requested; or when receipt is electronically confirmed, if transmitted by facsimile or e-mail.
All rights not expressly granted herein are reserved.
Waiver: The failure of us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
Severability: If any provision of this agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.
2440 W El Camino Real
Mountain View, CA 94040 USA