SMARTHQ APPLICATION
END USER AGREEMENT

Fisher & Paykel SmartHQ App Terms & Conditions
(End User Licence Agreement)

Last updated March 2025.

1. Your use of the App

1. This SmartHQ End User Licence Agreement (Agreement) is an agreement between you (you or your) and Fisher & Paykel Appliances Limited and its subsidiaries (together FPA, we or our), governing your use of the SmartHQ mobile App (App).
2. The App is intended for use with FPA's Wi‐Fi connected appliances (Connected Appliance). This Agreement also governs your use of the App where you do not have a Connected Appliance.
3. By downloading, installing or using the App, you accept the terms of this Agreement. If you do not accept the terms of this Agreement, you must not use the App. Please also take the time to review our website terms and conditions which govern the purchase and sale of products, services and subscriptions through the App and our (SmartHQ Privacy Policy) to understand how we collect and process your personal information through the App.
4. You are responsible for complying with this Agreement and ensuring anyone else who uses the App under your account is aware of and complies with this Agreement.
5. Please note the App will not work without internet access. We are not responsible for your internet access and you are responsible for ensuring you comply with your mobile telecommunication provider's terms and conditions (including your data limits).
6. The App may request permission to access certain features on your mobile device (for example, access to your camera and/or microphone). If you do not grant access, or if you disable access for these permissions, it may affect the way you experience the App. You can disable these permissions in your mobile device’s settings at any time.
7. We may change, update, suspend or discontinue the App and the Connected Appliance(s) (or any part of them) for valid reasons (e.g. for legal, regulatory, fraud or security reasons, to implement adjustments and improvements, and as reasonably necessary for our business operations). Where a change adversely impacts you (as reasonably determined by us), we will take reasonable steps to notify you in advance. We are not liable to you for any loss or damage you may suffer as a result of any such changes.

2. Grant of licence

1. We grant you a personal, limited, non-exclusive, revocable, non-transferable licence to install and use the App as permitted by this Agreement.
2. You will be entitled to download updates to the App. These may be subject to additional terms that we will make known to you at the time we make updates available.
3. If you sell or transfer ownership of your Connected Appliance(s) to a new owner, you must deactivate the Connected Appliance(s) from your account and the new owner will need to separately agree to the terms of this Agreement upon registration.
4. We may begin charging a one‐time or recurring subscription fee to use the App and may modify that fee at its discretion. However, we will not do so without first giving you the option of paying the fee or discontinuing use of the App.

3. Permitted use and licence restrictions

1. You may use the App on 8 mobile devices for the limited purpose of accessing your Connected Appliance(s), or if you don’t have a Connected Appliance, to access user guides through the App.
2. You must not, or permit any other person to:
   1. reproduce, recompile, decompile, disassemble, reverse engineer, create derivative works from, perform, modify, adapt, publish, transmit, distribute, resell or exploit the App in any way;
   2. take any action that prevents other users from accessing or using the App;
   3. use the App in a way that violates, or may violate, any law or regulation;
   4. use the App in a way that reflects unfavourably on us or any other third party; or
   5. use the App in any other way except as expressly allowed under this Agreement.
3. You must take reasonable steps to ensure you (or any other person using the App under your account) do not distribute a computer virus or any similar program or code in the use of the App.

4. Ownership of the App, information and data

1. The App is licensed to you. We and its suppliers or and/or licensors own all intellectual property rights in the App, all copies of the App or any intellectual property rights that arise from any software or services we provide in relation to the App. You may not use our intellectual property outside the App without our written consent.
2. You may not use any third party's intellectual property contained in the App without the consent of that third party.
3. Your use of the App may result in data and information being created or uploaded to the App, which may be collected by us. You hereby grant us with a worldwide, royalty‐free, irrevocable, non‐exclusive and sub‐licensable licence to use and commercialise any information or other materials you create, upload or publish on the App or provide to us to allow us to provide and improve its services (including any functions or features we make available) on the App, respond to or troubleshoot your queries, and to develop new services and features. Any personal information, usage and performance data and other information (as specified in the SmartHQ Privacy Policy) collected by us via the App will be handled in accordance with the SmartHQ Privacy Policy.
4. We may use any feedback (including any ideas or materials) you give to us for any purpose and without restriction and you acknowledge that we do not need to treat such feedback confidentially.

5. Open-source software

1. The App or Connected Appliances may include software code that is licensed under various open source licences (collectively, the Open Source Software). The App provides details of any Open Source Software that is included in the App.
2. To the extent required under the relevant open source licences, each contributor to the Open Source Software grants to you a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable licence to reproduce, prepare derivative works of, publicly display and perform, sublicense, and distribute the work and derivative works.
3. We do not warrant, or are required to update, maintain or support any Open Source Software that you modify.

6. Transactions and third party integrations

1. You may be able to purchase certain products through the App (a Transaction). You must comply with all applicable laws regarding the purchase and use of any such products and must pay all charges you incur through the App. You may be required to verify certain information prior to any Transaction.
2. To the maximum extent permitted by applicable law:
   1. We do not guarantee the completeness or accuracy of any product listings, descriptions or specifications, images, availability, or prices. Such information may change at any time without notice; and
   2. We may stop any user from making a Transaction.
3. Refunds and exchanges are subject to our returns policy at https://www.fisherpaykel.com
4. The App may contain links to third‐party products and services. We do not control or endorse, and is not responsible for, any such third‐party products or services.

7. Digital assistants and artificial intelligence-enabled features

1. If your Connected Appliance can be used with voice commands, you will need to use the digital assistant specified in your user guide, which is subject to separate terms of use.
2. The App may offer artificial intelligence-enabled (AI-enabled) features. When using AI-enabled features, you provide input (Input) and receive output based on the Input (Output). We do not warrant the accuracy, reliability or appropriateness of any Output.
3. You must ensure that any Inputs or your use of Outputs do not violate any applicable law or this Agreement. You are solely responsible for using the AI-enabled features on the App, including any risks of legal or regulatory claims in connection with any Inputs or Outputs and any loss or damage you suffer from using or relying on any Outputs.
4. We may use your Inputs to provide, maintain, develop, train, and improve the App (including AI-enabled features), to develop new products and services, to comply with applicable law, to enforce our terms and policies, and to keep the App safe. We may use any Outputs of AI-enabled features for any purpose whatsoever.

8. Limited warranty

1. Our guarantees to you are limited to those available under applicable consumer law.
2. Subject to clause 8(a), the App is provided on an “as is” basis and without any warranties. Use of the App (and any content you download or obtain through the App) is at your own risk.
3. Without limitation, we do not guarantee that:
   1. the App does not infringe third party rights;
   2. the App is accurate, reliable or suitable, or that defects or errors will be corrected;
   3. your access will be secure, uninterrupted or available at all times;
   4. the App is free of viruses or any other harmful components; or
   5. the information you upload to the App will remain confidential.

9. Exclusions and limitation of liability

1. If you are not satisfied with the App or you do not agree with this Agreement, you may discontinue use of the App.
2. We are not responsible for losses you suffer or incur arising from:
   1. the unavailability of, or your inability to use, the App;
   2. losses that are not directly caused by our breach of this Agreement;
   3. any business loss, loss of sales, profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure;
   4. any indirect or consequential losses even if we have been advised of the possibility of such costs or damages; and
   5. any delay or failure to provide the App for reasons beyond our reasonable control.
3. If our liability cannot be excluded by this clause 9, our aggregate liability to you will not exceed AUD $50.00.
4. Nothing in this clause 9 limits your rights under applicable consumer laws.
5. You are responsible for the safe operation and maintenance of any Connected Appliance(s). You cannot rely on the App as a means of preventing accidents, fire or damage to your appliances or home. The App is not designed for that purpose.

10. Term and termination

1. This Agreement will commence when you download the App and will continue until terminated.
2. We may terminate this Agreement:
   1. immediately on written notice if you materially breach this Agreement; or
   2. on 24 hours’ written notice for a breach of this Agreement that is not a material breach.
3. You can terminate this Agreement at any time by decommissioning your Connected Appliance(s) or deleting your account linked to the App.
4. Upon termination of this Agreement, you must stop using the App and any related services, and promptly delete the App (and any copies).
5. Clauses 4, 5, 6, 7, 8, 9, 10, 11, and 12 will survive termination.

11. Export restrictions

You must not export, or allow the export or re-export of, any Connected Appliances or the App in violation of any applicable export laws or regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of, any country restricted by the government of the country where you downloaded the App or registered your Connected Appliance(s) or any other applicable export laws.

12. General

1. This Agreement is the entire agreement between the parties about the App and supersedes all earlier conduct, agreements and understandings between the parties.
2. We agree that each of the members of the Fisher & Paykel Appliances Group will be jointly liable for the performance of its obligations and liabilities arising under this Agreement. Fisher & Paykel Appliances Limited acknowledges that it has the authority to bind its subsidiaries and that a breach of this Agreement by any of its subsidiaries will be deemed a breach by itself.
3. This Agreement is governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
4. If a party waives or does not promptly exercise a right under this Agreement, that does not mean the waiver continues or that parties will not enforce a right in the future.
5. If any provision of this Agreement is prohibited or unenforceable in a jurisdiction, that provision is ineffective there only to the extent it is prohibited or unenforceable.

13. App Store Terms

1. The app store from where you downloaded the App may have its own terms, rules or policies (App Store Terms). If there is a conflict between this Agreement and the App Store Terms, the App Store Terms will apply.
2. Notwithstanding anything to the contrary in this Agreement, the following applies with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (Apple). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those relating to intellectual property rights, must be directed to us. The licence you have been granted in this Agreement is limited to a non‐transferable licence to use the App on an Apple‐branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set out in Apple’s App Store Terms of Service at Legal ‐ Apple Media Services ‐ Apple. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. Notwithstanding these rights of Apple and Apple’s subsidiaries, Our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

HOW TO CONTACT US

If you have any questions or comments regarding this Privacy Policy, please contact us by email at privacy@fisherpaykel.com.

For general enquiries you can reach us by phone or via our website https://www.fisherpaykel.com/.