Last Revised April 14, 2015
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER, PARTICIPATE IN AND/OR USE THE ORAL-B DEVELOPER PROGRAM.
ABOUT: The Oral-B SDK gives you access to core features when connecting the Oral-B toothbrush to mobile applications. Possibilities for reading toothbrush data include designing fun experiences (or warnings) to encourage healthy brushing activities. The Oral-B Web API allows you to fetch brushing data ranging from session frequency and duration to activity stats, achievement and more.
The Program collects the information you provide when you register for the Program. The Program may collect certain information automatically. This information includes but is not limited the IP address of your device, your operating system, and information about how you use the Program.
Unless otherwise permitted by applicable law and/or agreement with the user, if a user revokes access to their account, you must ensure that all PII pertaining to that user is deleted from your services and related networks, systems and servers as soon as reasonably possible. If you stop using the Program altogether or if your Program access is revoked, you must delete all PII in the same way.
ELIGIBILITY: Your participation is completely voluntary. You represent and warrant that all information you submit is truthful and accurate. You agree to maintain the accuracy of such information. You further represent and warrant that you are eighteen (18) years of age or older and have the capacity to enter into a binding contract. Your use of the Program shall not violate any applicable local, state, federal, or international laws or regulations.
ACCOUNT AND REGISTRATION: Only registered developers are allowed to access and communicate with the Oral-B toothbrush. Therefore you have to register an application on the developer portal and obtain an App ID and App Key. Both have to be included in the 3rd party application and provided to the Oral-B SDK when using it. You will need to register each of your applications that use the Program with us. We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.
FEES: Access to and use of the Program is currently provided at no charge. However, we reserve the right to charge for access and/or use of the Program in the future at our discretion. We will provide you with notice in the event we decide to start charging for use.
DISPLAY: You may include advertisements in your services near your visual implementation of the Program (e.g., banner ads above or below), but you must ensure clear separation between P&G content and any advertisements. Your advertisements should not be displayed in any manner that suggests approval or endorsement by P&G.
USAGE DATA: We may monitor your use of the Program to improve the Program and to ensure compliance with this Agreement. You agree that P&G may collect certain use data and information related to your use of the Program in connection with your services ("Usage Data"), and that P&G may use such Usage Data for any business purpose, internal or external, including, without limitation, providing enhancements to the Program, providing user support, or otherwise.
PUBLICITY: You agree that P&G may use your company, organization, or product name and/or logo in presentations, marketing materials, customer lists, financial reports, website listings of customers, research and marketing case studies and other marketing-related activities. You may not issue any public announcement regarding your use of the Program which suggests partnership with P&G without P&G's prior review and written approval, at P&G's sole discretion.
RULES OF USE:
CHANGES TO PROGRAM: The Agreement may be modified from time to time; the date of the most recent revisions will be communicated on or through the Program, so check back often. If you do not accept updated versions of the Program as they become available, your experience may not reflect the most recent material, features and/or content, for which P&G specifically disclaims any and all responsibility and liability. Continued access of the Program by you will constitute your acceptance of any changes or revisions to the Agreement.
VIOLATIONS OF TERMS: In addition to any legal remedies that P&G may have for your violation of the terms of this Agreement, your failure to follow these terms, whether listed in this Agreement or communicated on or through the Program, may result in suspension or termination of your access to the Program without notice.
ADDITIONAL TERMS AND CONDITIONS: Your use of the Program is further subject to P&G's Terms and Conditions. The P&G Terms and Conditions are hereby incorporated into and made a part of this Agreement.
INDEPENDENT DEVELOPMENT: You understand that we may currently or in the future develop products and services that may be similar to or compete with your services. Nothing in this Agreement shall in any way restrict P&G from pursuing any business activities or from entering into any agreement with any other person or company.
HOLD HARMLESS AND INDEMNITY: You agree to hold harmless and indemnify P&G and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Program, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
RELATIONSHIP OF THE PARTIES: The contributions provided by you are not to be considered as representative of the views of P&G or any of its subsidiaries or affiliates. In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and P&G.
MODIFICATION OF TERMS: P&G may modify the terms of this Agreement at our sole discretion and without notice, which modification shall be effective immediately. Accordingly, we suggest that you check this page regularly for updated or additional guidelines.
TERMINATION: You may terminate this Agreement at any time by ceasing all use of the Program and deleting all related data in your possession or control. We may immediately revoke your use of the Program without notice if that use violates any of the terms of this Agreement or if we otherwise object to your use of the Program. We may also terminate any rights granted hereunder, or may add or remove functionalities or features of the Program, at any time and for any reason at our discretion. We will not be liable to you or any third party for any costs or damages as a result of termination of this agreement.
COMPLIANCE WITH LAWS: You will and will cause any person or entity acting on your behalf to fully comply with all applicable governmental, legal, regulatory and professional requirements, including but not limited to anti-money laundering, anti-corruption and anti-bribery laws (including, without limitation, the Foreign Corrupt Practices Act, the UK Bribery Act and Proceeds of Crime Act, and commercial bribery laws) (collectively "Laws"). If you have operations physically located in the territorial United States which are involved in your performance under this Agreement, then you will fully comply with the employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A and any applicable equal opportunity laws including the provisions in 41 CFR § 60-1.4 (a) (1)-(7), 41 CFR § 60-741.5(a), 41 CFR § 60-250.5 and 41 CFR § 60-300.5(a), which prohibit discrimination against qualified individuals based on their status as protected veterans, individuals with disabilities, or other protected status; and require to employ and advance in employment individuals without regard to protected veteran status, disability, or other protected status. You will promptly notify P&G if you (i) receive any notice, demand, summons or complaint from any governmental or regulatory authority, agency or other body relating to the subject matter of this Agreement, and will take all steps, at your expense, to resolve any issues as promptly as practicable or any request or demand in violation of the Laws or (ii) violates any Laws.
CHOICE OF LAW, VENUE AND JURISDICTION: This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Ohio, U.S.A., without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Hamilton County, Ohio. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, may not be changed except by an instrument in writing signed by both parties and supersedes any and all prior agreements between the parties. Those who choose to access the Program do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THIRD PARTY WEBSITES: THIS PROGRAM MAY CONTAIN LINKS TO OTHER SITES THAT ARE NEITHER OWNED NOR OPERATED BY P&G, ALTHOUGH SOME SUCH SITES MAY HAVE AN AFFILIATION WITH THE PROGRAM (COLLECTIVELY, THIRD PARTY WEBSITES). SUCH LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY. THE PROGRAM MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY THIRD PARTY WEBSITES WHICH YOU MAY ACCESS THROUGH THIS WEBSITE, AS THE PROGRAM HAS NO CONTROL OVER THE CONTENT APPEARING ON SUCH THIRD PARTY WEBSITES. MOREOVER, A LINK TO A THIRD PARTY WEBSITE DOES NOT IMPLY AND DOES NOT CONSTITUTE SPONSORSHIP, ENDORSEMENT, APPROVAL, OR RESPONSIBILITY FOR THE CONTENT ON, OR THE USE OF, SUCH THIRD PARTY WEBSITE. NO RIGHTS TO USE OR COPY THE INFORMATION IN THIS PROGRAM OR THE THIRD PARTY WEBSITES IS GRANTED OR IMPLIED.
NO WARRANTY: THE PROGRAM IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. P&G EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF WARRANTY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.