Samsung Services Terms and Conditions
Posted date: July 17, 2024
WELCOME
Welcome! Thank you for your interest in our services.
We, Samsung Electronics Co., Ltd. (“we”, “our”, or “Samsung”), together with our affiliates, provide a variety of features, apps, and services that you can enjoy with our mobile devices, TVs, and other products, listed
here (“Services”), and these Terms and Conditions (“Terms”) will cover your use of the Services.
ACCEPTING OUR TERMS
The Terms are a binding legal agreement between you and Samsung, including its Applicable Law and Dispute Resolution provisions, which include an arbitration agreement. By creating an account or using our Services, you confirm that you accept these Terms. If you do not accept the Terms, you have no right to use (and may not use) the Services. The Dispute Resolution provisions also are available on the device, in the Samsung legal section of Settings. The location depends on the device, and is usually in the “About device” or “About phone” or “About tablet” section, for example:
• Settings ➔ About phone or About device or About tablet ➔ Legal information ➔ Samsung legal
• Or, use the Search feature to search for “Legal”.
You can also access this information online at www.samsung.com/us/support/legal/mobile. You may also contact us at:
Samsung Electronics America, Inc.
85 Challenger Road, Ridgefield Park, New Jersey 07660
Phone: 1-800-SAMSUNG (726-7864)
© 2024 Samsung Electronics America, Inc. Samsung is a registered trademark of Samsung Electronics Co., Ltd.
If you are under the age of 13, you may not use the Services other than through a Child Account created by your legal guardian in accordance with these Terms. If you are younger than 18 years of age (a “Minor”) but are 13 years of age or older, you represent that you have reviewed the Terms with your parent or legal guardian and that you and your parent or guardian understand and consent to the Terms. If you are a parent or guardian permitting a Minor to use the Services, you agree to:
• (i) supervise the Minor's use of the Services;
• (ii) assume all risks associated with the Minor's use of the Services,
• (iii) assume any liability resulting from the Minor's use of the Services,
• (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and
• (v) assume responsibility and are bound by the Terms for the Minor's access and use of the Services.
Please see the Child Account section of these Terms for more information about accounts created by legal guardians of Minors under 13 years of age.
We may sometimes need to change these Terms. We will let you know of any changes by posting the updated Terms on our
website. If we think the changes are material, we may send a notification to the email address linked to your Samsung account before the updated Terms become effective. If you do not agree to the changes, you must stop using our Services and delete your Samsung account. By continuing to use our Services after the updated Terms become effective, you confirm that you understand and accept the updated Terms.
These Terms of Service constitute a binding legal agreement between you and Samsung, including the terms and conditions regarding dispute resolution, set forth on the
Governing Law/Dispute Resolution Section, below.
GOVERNING LAW/ DISPUTE RESOLUTION |
HOW DO I RESOLVE DISPUTES WITH SAMSUNG?
At Samsung, nothing matters more to us than the relationships we’ve built with our valued customers. If you have any questions or concerns, we’re always ready to serve you online at Samsung.com/us with round-the-clock chat, and on Facebook and Twitter. You can also reach us by phone at 1-800-SAMSUNG. In the unlikely event that you experience an issue that cannot be resolved through Samsung Support US, Samsung and its customers agree to the dispute resolution process set forth below. This agreement is designed to help Samsung and its customers personally discuss any concerns and resolve them fairly and efficiently.
If, however, a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference, if requested), Samsung and its customers agree to address the dispute through binding individual arbitration (unless customers timely opt out) or in small claims court where the customers reside. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. An arbitrator applies the same law and can award the same individual remedies as a court. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.
Samsung is committed to addressing any customer concerns, whatever the issues might be.
DISPUTE RESOLUTION AGREEMENT (INCLUDING MANDATORY INFORMAL DISPUTE RESOLUTION AND ARBITRATION TERMS AND LIMITED 30-DAY OPT-OUT OF ARBITRATION)
This is a binding legal agreement (“Agreement”) between You and Samsung Electronics America, Inc. and its past, present, and future parents, subsidiaries, affiliates, and related entities (both domestic and foreign), as well as all of their respective officers, agents, employees, representatives, predecessors in interest, successors, and assigns (“Samsung”). Please review the Agreement carefully. It affects your rights. Electronic acceptance of the Agreement, opening the Product packaging, use of the Product, or continued possession of the Product constitutes acceptance of this Agreement regardless of whether You are the original purchaser, user, or other recipient of the Product. You agree that all users or other recipients of the Product are subject to and agree to be bound by the Agreement. If You are the parent or guardian of a minor user or recipient of the Product, You agree to the Agreement on their behalf. You may elect to opt out of arbitration within thirty (30) days of your purchase or first activation (including activation of the Product by someone on your behalf) of the Product, as set forth in Section 7 below. In the event of a conflict between the Agreement and any other applicable terms with Samsung, the Agreement shall govern.
EXCEPT AS PROVIDED IN SECTIONS 3 AND 4 BELOW, THIS AGREEMENT REQUIRES THE PARTIES TO RESOLVE DISPUTES THAT CAN NOT BE RESOLVED INFORMALLY ONLY IN SMALL CLAIMS COURT OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN THROUGH A JURY TRIAL OR CLASS ACTION. DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT.
“Product” shall be interpreted broadly to include both hardware and software on any Samsung branded device. This includes software, services, and applications that are created or distributed by Samsung (“Samsung Software”) as well as any third-party software, services, and applications that are pre-loaded onto the Samsung-branded device.
Except as set forth in Section 4 below, “Dispute” shall be interpreted broadly to cover any claim or controversy arising out of or relating in any way whatsoever to: (i) the relationship between You and Samsung; (ii) the advertising, marketing, sale, condition, or performance of the Product; (iii) the Terms and Conditions relating to the Product—including, but not limited to, the End User License Agreement, Standard Limited Warranty, and privacy policies and notices and (iv) claims that are currently the subject of a purported class action in which You are not a member of a certified class. Dispute shall encompass any claim or controversy that arose before the Agreement or after termination.
“Party” shall be interpreted to refer to You and Samsung individually, and “Parties” shall refer to You and Samsung collectively.
1. Mandatory Informal Dispute Resolution Procedure
If You or Samsung intend to initiate an arbitration or small claims court proceeding, You or Samsung must first send a fully completed notice of the Dispute (the “Notice”) to the other Party. The Notice must include: (i) the claimant’s name and contact information (email address, mailing/physical address, and telephone number); (ii) a description of the nature and basis of the Dispute; (iii) the specific Product or account at issue; and (iv) the nature, amount, and basis of the relief sought with a detailed calculation of it. The Notice must be personally signed by You (if You are sending the Notice) or by a Samsung representative (if Samsung is sending the Notice) even if You or Samsung are represented by counsel. Your Notice shall be sent by email to disputeresolution@sea.samsung.com. Samsung’s Notice shall be sent to the email or physical address it has on file for You.
Once the Notice is received by the other Party, You and Samsung agree to participate and negotiate (personally and, if You and Samsung are represented, with counsel) in good faith about the Dispute for sixty (60) days. This personal participation includes a telephone settlement conference between You and Samsung if it is requested by the Party that receives the Notice.
If the Dispute is not resolved within sixty (60) days after receipt of the Notice (or a longer period agreed to by the Parties), You or Samsung may initiate an arbitration or a small claims court proceeding in accordance with the Agreement.
Neither Party to this Agreement may initiate an arbitration or a small claims court proceeding unless that Party has fully complied with this Section 1. If either Party violates this Section 1, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, the American Arbitration Association (“AAA”), Judicial Arbitration and Mediation Services (“JAMS”), or an alternate arbitration administrator (as set forth below), shall neither accept nor administer such arbitration nor assess Arbitration Fees (as defined below) in connection with such arbitration. A Party may elect to raise, and seek monetary relief in connection with, non-compliance with this Section 1 in arbitration or small claims court.
Any relevant limitations period and filing fee or other deadlines will be tolled during the sixty (60) day Mandatory Informal Dispute Resolution Procedure unless that period is extended by agreement of the Parties.
2. Class Action Waiver and Individual Relief
You and Samsung agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff or claimant or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. This means that You and Samsung may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent of a minor, a guardian, or in other similar capacity for an individual who cannot otherwise bring their own individual claim. Nothing in this Section 2 prevents You or Samsung from participating in a class-wide settlement.
The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim. Further, unless You and Samsung agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If any prohibition in this Class Action Waiver and Individual Relief provision is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
3. Small Claims
If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure in Section 1, You and Samsung agree that either Party may elect to have the Dispute heard in small claims court in the county or parish in which You reside seeking only individualized relief so long as the Dispute falls within the jurisdictional limits of that court and the matter remains in that court and is not removed or appealed to a court of general jurisdiction.
4. Mutual Arbitration Agreement
If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure and neither Party elects to have the Dispute heard in small claims court, You and Samsung agree that the Dispute will be resolved through binding individual arbitration, except that a court of competent jurisdiction shall have exclusive jurisdiction over the following:
Any Dispute relating to the infringement or other misuse of intellectual property rights;
Any Dispute relating to the formation, scope, validity, and enforceability of this Agreement;
Any disagreement over whether a Dispute falls within the jurisdictional limits of a small claims court;
Any Dispute that exclusively seeks declaratory or injunctive relief; and
Any proceeding to (i) enforce the prohibition on class, collective, representative, private attorney-general, or consolidated actions or proceedings, (ii) enjoin the filing and prosecution of arbitration demands or small claims court proceedings to enforce Sections 1 and 5 of this Agreement or (iii) adjudicate a Dispute over whether You have effectively opted out of arbitration as set forth in Sections 5 and 7 or to adjudicate a Dispute that has been opted out.
The arbitration will be administered by the AAA and heard by a single, neutral arbitrator. Except as modified by this Agreement, the AAA will administer the arbitration in accordance with their rules applicable to the nature of the Dispute (the “AAA Rules”). The AAA Rules are available at https://www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties agree that the arbitration will be administered by JAMS and heard by a single, neutral arbitrator. Except as modified by this Agreement, JAMS will administer the arbitration in accordance with the AAA Rules. If JAMS is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (except as modified by this Agreement). If the Parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AAA Rules (except as modified by this Agreement).
A Party seeking to initiate arbitration must provide the other Party with a written Demand for Arbitration as specified in the AAA Rules. The Demand for Arbitration must be personally signed by the Party initiating arbitration (and their counsel if they are represented). By signing the Demand for Arbitration, a Party (and their counsel if they are represented) certifies that they have complied with (i) the Mandatory Informal Dispute Resolution Procedure and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims or the relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
You and Samsung each have the right to request a telephone preliminary management hearing after the appointment of the arbitrator or other hearing consistent with AAA Rules. If a preliminary management hearing or other hearing is held, You and a Samsung representative agree to personally attend (with counsel, if You and Samsung are represented) if requested by You or Samsung and ordered by the arbitrator. If such a request is made of, and ordered by, the arbitrator and a Party fails to personally attend the preliminary management hearing or other hearing and is represented by counsel, the arbitrator shall have the authority to issue sanctions, including, but not limited to, reimbursement of the fees imposed by the arbitration administrator (including any filing fees, case management fees, hearing fees, and arbitrator compensation) (“Arbitration Fees”) paid by the other Party as of the date of the hearing. If a Party seeks to withdraw a Demand for Arbitration after the appointment of the arbitrator but before a preliminary management hearing or other hearing (and the Dispute has not been settled or otherwise resolved by agreement), and the Party is represented by counsel, the arbitrator shall retain authority to consider any request by the other Party for reimbursement of the Arbitration Fees paid as of the date of the withdrawal.
The arbitrator shall issue a reasoned written award sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall not be given preclusive effect or be binding in any other proceeding involving different consumers. The arbitrator will apply and be bound by this Agreement as a court would, and will adjudicate any Dispute according to applicable law and facts based upon the record and no other basis. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Any arbitration hearing will be conducted in the county or parish where You reside or at another location that is reasonably convenient to You.
5. Mass Arbitrations
If more than fifty (50) claimants (including You) assert similar claims against Samsung through the same or coordinated counsel or are otherwise coordinated (“Mass Arbitrations”), You understand and agree that the additional procedures in this Section 5 apply and that the resolution of your Dispute might be delayed.
Stage One. Counsel for the claimants and counsel for Samsung shall each select twenty-five (25) claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Samsung shall each select fifty (50) claims to be filed (per side) and to proceed in individual arbitration proceedings as part of a second staged process. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
Stage Three. If the remaining claims are not resolved, the Parties shall meet and confer to discuss potential ways to streamline the proceedings, increase efficiencies, and conserve costs. Unless the Parties agree otherwise, counsel for the claimants and counsel for Samsung shall each select seventy-five (75) claims (per side) to be filed and to proceed in individual arbitration proceedings as part of a third staged process. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this third set of staged proceedings, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
In connection with each stage set forth above (i) each of the claims within that stage shall be assigned to a different, single arbitrator and (ii) each arbitrator shall aim to issue their award within one hundred twenty (120) days after their appointment.
If your claim is not resolved after the three sets of staged proceedings and related mediations, either:
(i) You and Samsung may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with this Agreement. You may opt out of arbitration by providing your individual written notice of your intention to opt out to the arbitration administrator and to Samsung at disputeresolution@sea.samsung.com within thirty (30) days after the conclusion of the third mediation. Your written notice must be personally signed by You. Samsung may opt your claim out of arbitration by sending written notice of its intention to opt out to the AAA (or, if the AAA is not administering the arbitration, then to the alternative provider that is administering the arbitration) and to your counsel within fourteen (14) days following the expiration of your thirty (30) day opt-out period. Samsung’s written notice must be personally signed by a Samsung representative. Counsel for the Parties may agree to adjust these deadlines. – OR – (ii) If neither You nor Samsung elects to have your claim heard in court consistent with (i), then You agree that your claim will be resolved through additional staged proceedings as set forth below. Assuming the number of claims exceeds two hundred (200) claims, then two hundred (200) claims shall be randomly selected (or selected through a process agreed to by counsel for the Parties) to proceed in individual arbitration proceedings as part of a staged process. If the number of claims is fewer than two hundred (200), all of those claims shall proceed in individual arbitration proceedings. Each of these two hundred (200) claims (or fewer if the total number of claims is less than 200) shall be assigned to a different, single arbitrator. Each arbitrator shall aim to issue their award within one hundred twenty (120) days after appointment. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the Parties are encouraged to meet and confer, participate in mediation, and engage with each other and the arbitration administrator to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.
Unless the Parties agree otherwise, an arbitrator may not be appointed to cases in consecutive sets of staged proceedings. An arbitrator may be appointed to cases in non-consecutive sets of staged proceedings. You and Samsung agree that the Parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either Party may negotiate with the arbitration administrator for reduced Arbitration Fees and for streamlined or other procedures designed to reduce costs and increase the efficiency of arbitration.
Any relevant limitations period and filing fee or other deadlines shall be tolled for claims subject to these additional procedures that apply to Mass Arbitrations from the time that the first cases are selected for a staged process until the time your claim is selected for a staged process, withdrawn, otherwise resolved, or opted out of arbitration.
You and Samsung agree to engage in the process in good faith. A court of competent jurisdiction shall have the authority to enforce this Mass Arbitration provision and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of Arbitration Fees.
6. Arbitration Fees
All Arbitration Fees shall be determined by the AAA Rules as modified by this Agreement. If your Dispute is for less than $5,000 and is not part of a Mass Arbitration as set forth in Section 5 above, then Samsung shall reimburse your portion of the Arbitration Fees unless an arbitrator determines that your Dispute was frivolous, brought for harassment or an illegitimate or improper purpose, brought in bad faith, or brought without material compliance with the requirements set forth in this Agreement.
7. Opt Out
You may opt out of arbitration by providing written notice to Samsung personally signed by You no later than thirty (30) calendar days from the date of your purchase or the first activation (including activation of the Product by someone on your behalf) of the Product. To opt out, You must send notice by email to optout@sea.samsung.com, with the subject line: “Arbitration Opt Out.” You must include in the opt-out: (i) your name and address; (ii) the date on which the Product was purchased (or, if You did not purchase the Product, then the date that You first began using the Product or that You received the Product); (iii) the Product model name or model number; and (iv) the IMEI or MEID or Serial Number, as applicable, if You have it (the IMEI or MEID or Serial Number can be found (a) on the Product box; (b) on the Product information screen, which can be found under “Settings”; (c) on the label on the back of the Product beneath the battery, if the battery is removable; and (d) on the outside of the Product if the battery is not removable).
Opting out of arbitration will not affect in any way the benefits to which You would otherwise be entitled, including the benefits of the Standard Limited Warranty.
8. Changes
Samsung reserves the right to change this Agreement and shall provide notice of material changes in a form chosen at Samsung’s discretion. You agree that such notice is sufficient. If Samsung changes this Agreement after the date You first accepted it (or accepted any subsequent changes to the Agreement), You agree that your continued use of the Product, services, application, or software after notice of such changes will be deemed acceptance of those changes. If You do not agree to such changes, You may reject any such changes within thirty (30) days of the date such changes became effective by sending written notice personally signed by You by email to optout@sea.samsung.com, with the subject line: “Dispute Resolution Change Opt Out.” You must include in the opt-out email: (i) your name and address; and (ii) your intent to reject changes to this Agreement. By rejecting changes, You are agreeing that You will resolve any Dispute between You and Samsung in accordance with the provisions of this Agreement as of the date You first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).
9. Severability
Except as otherwise provided in this Agreement, if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.
10. Applicable Law, Venue, and Jury Trial Waiver
You and Samsung agree that this Agreement evidences a transaction in interstate commerce and therefore the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies. You and Samsung agree that to the fullest extent permitted by law, the state and federal courts of New York County, New York shall have exclusive jurisdiction over any claims (except for claims heard in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the Agreement or any of its provisions. You and Samsung consent to the jurisdiction of those courts and waive any objection as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. To the fullest extent permitted by law, You and Samsung agree to waive the right to a jury trial.
11. Survival
This Agreement shall survive termination of the Terms and Conditions of the Product, your relationship with Samsung, and your use of the Product.
USING OUR SERVICES
LICENSE | We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. You may only use our Services for personal and non-commercial purposes, according to these Terms and the instructions we provide in our Services. All references to our Services include all related content and any other materials used to implement and provide access to our Services, including updates, upgrades, enhancements, modifications, revisions, or additions to our Services we make available to you. You acknowledge and agree that our Services belong to us and our partners, and are protected under applicable copyright, trademark, trade secret, patent, and other intellectual property laws and treaties. These Terms do not grant you any ownership interest in or to our Services, but only a limited right of use that can be revoked according to these Terms. The availability and features of our Services may vary depending on where you live, which device you are using, or which software or operating system version you have.
USER GUIDELINES | We work hard to protect the security and safety of all users of our Services. We also strive to make our Services available without interruptions. To help us meet these goals, you agree that:
1. You will not reverse engineer, decompile, disassemble, or make any attempts to discover the source code or algorithms of our Services.
2. You will not modify or disable any features of our Services.
3. You will not create any derivative works based on our Services. Additionally, you will not incorporate or utilize our Services as a functionality for your commercial enterprises or businesses.
4. You will not rent, lease, lend, sub-license, or provide any commercial hosting services using our Services.
5. You will not infringe, misappropriate, or otherwise violate our intellectual property rights or the rights of anyone else while using our Services.
6. You will not use our Services in any way that violates these Terms or any laws, rules, regulations, codes of practices, guidelines, or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction(s) in which you are a resident or from which you are using the Services (“Applicable Law”).
7. You will not use our Services in any fraudulent or malicious way, for example to introduce viruses, malicious code, or harmful data.
8. You will not use our Services in any way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users of our Services.
9. You will not collect or harvest any information or data from our Services or systems or attempt to decipher any transmissions to or from the servers running our Services, except to the extent allowed by Applicable Law.
INTERNET | Our Services may require Internet access to provide certain features to you. You acknowledge that access to the Internet may result in charges depending on your payment plan, and that we are not responsible any such charges, nor for the availability or speed of the Internet.
UPDATES | We are always working to make our Services better. To share improvements and new features with you, we may provide updates or upgrades to our Services. These updates and upgrades are designed to improve, enhance, and further develop our Services and may include bug fixes, patches, enhanced features, plug-ins, and new versions. Essential updates, such as critical bug fixes or security updates, may be downloaded and installed automatically without your consent to protect you and other users. For other non-essential updates, you will be notified in advance and be able to choose whether to download and activate the update.
THIRD PARTY SERVICES | We work with a global network of partners to provide you with useful content in our Services. This may include information, links, advertisements, or other content provided by third parties (“Third-Party Services”). We are not responsible for, and have no control over, any Third-Party Services, and we are not liable for any damages or losses that are caused by any Third-Party Services.
ADVERTISEMENTS | We provide most features of our Services for free. To keep these features free, we may show you ads or promotions provided by us or third parties while you use our Services.
PRIVACY POLICY | Your use of the Services is subject to Samsung’s Privacy Policy for the U.S., located at: http://account.samsung.com/membership/terms/privacypolicy. We provide additional information about our privacy practices related to particular Services where appropriate. To the extent a Service has its own privacy notice, that privacy notice will also apply to your use of such Service. We recommend that you review the privacy notice of each Service for more information about our privacy practices.
SAMSUNG ACCOUNT
You may need to create an account to use some of our Services (“Samsung account”). By creating a Samsung account, you agree that:
1. You will provide accurate and complete information when you create your account.
2. You will update your account if any of your information changes.
3. You will safeguard your password and will not share it with anyone.
4. You will contact us immediately if you suspect anyone else is using your account.
You can delete your Samsung account at any time on our
website.
CHILD ACCOUNT
The Samsung Child Account is designed for Minors under 13 years of age (“Child Users”). A legal guardian must create a Child Account for a Child User. A legal guardian of a Child User who is using the Services must: (i) accept and agree to these Terms, (ii) supervise the Child User’s use of the Services, (iii) assume all risks and liability resulting from the Child User’s use of the Services, and (iv) ensure the accuracy and truthfulness of all information submitted by the Child User.
A legal guardian of a Child User must manage all Child Accounts associated with the legal guardian’s Samsung account (including by changing account information or deleting the accounts).
IDENTITY VERIFICATION CODES
As an added layer of security designed to help keep your account safe from unauthorized users, we use two-step verification to verify your identity. For example, two-step verification may be required when you are initially setting up your account, or when you are attempting to access your account from a new or unrecognized device or location. When it is required, we will generate and send you a single-use identity verification code to enter onto the screen where prompted in order to gain access to your account. There is no need to sign up for this feature. It is an automatic service for your added security and protection. Please note that standard wireless carrier message and data rates may apply for SMS text messages. Carriers are not liable for any delayed or undelivered messages.
USER CONTENT
Some of our Services allow you to share things like comments, photos, messages, or documents with us or with other users. When you share content you own or have created, you continue to own any intellectual property rights in or to that content. However, to use your content in our Services, you need to grant us a license for any content that you create or upload using our Services. When you upload, transmit, create, post, display, or otherwise provide any information, materials, documents, media files, or other content on or through our Services, including Input and Output, as defined herein (collectively “User Content”), you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform, and publicly display such User Content (“User Content License”) to the full extent allowed by Applicable Law. We do our best to keep User Content safe, but we are not responsible if any of your User Content or other data is lost. You should keep local copies or make backups of User Content and other data.
YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS). YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT, OR OTHERWISE AUTHORIZED TO GRANT US THE USER CONTENT LICENSE; (II) THE USER CONTENT WILL NOT INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER THIRD-PARTY RIGHTS; (III) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER APPLICABLE LAW.
CHANGE / TERMINATION
CHANGE | We may, at any time:
1. Change, add, suspend, or remove features from our Services.
2. Suspend or terminate your right to use our Services, including access to your account or data.
3. Pre-screen, review, flag, filter, modify, refuse, reject, block access to, or remove any or all content from our Services.
ENDING THESE TERMS | BY YOU | You may terminate these Terms at any time by deleting your Samsung account and stopping your use of our Services.
ENDING THESE TERMS | BY SAMSUNG | We may suspend or delete your Samsung account or stop providing you with all or part of our Services at any time, if:
1. We reasonably suspect that you have violated these Terms or the instructions we provide in our Services.
2. You have clearly demonstrated (either directly or through your actions, statements, or otherwise) that you do not intend to comply with these Terms.
3. We decide to end all or part of our Services (either worldwide or in the country where you are a resident or from where you are using our Services).
4. We are required by Applicable Law to end all or part of our Services (for example, if due to changes in Applicable Law or due to court rulings or judgments which make the Services or parts of them become or be considered unlawful).
If we suspend or delete your Samsung account, we will try to notify you using the email address associated with your account or the next time you attempt to access your account or our Services, depending on the circumstances. In all such cases, these Terms will terminate, including, without limitation, your license to use our Services. This means that you will have no right to use (and that you will have to stop using) all of our Services. The termination of these Terms shall have no prejudice to any rights, obligations, and liabilities that you or we have accrued or incurred during the term of these Terms.
NOTICE | We will provide you with reasonable notice of any change, suspension, or discontinuation of our Services, unless it is urgently required, in which case we will notify you at the same time as the change, suspension, or discontinuation. To the maximum extent permitted by Applicable Law, we will not be liable to you or to any third party if we exercise such rights.
DISCLAIMER/LIABILITY
DISCLAIMER OF WARRANTY | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SERVICES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SERVICES OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (ii) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICES.
LIMITATION OF LIABILITY | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY, OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO SPECIFIC SERVICES EXCEED THE AMOUNT YOU PAID US FOR SUCH SPECIFIC SERVICE. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
INDEMNIFICATION | You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all officers, directors, and employees from any and all third party claims, actions, losses, damages, liabilities, judgments, grants, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of our Services (including advanced intelligence features and any Output) or use by any person that you allow to use our Services that is not in accordance with these Terms, (ii) any actual or alleged breach these Terms by you or by any person that you allow to use our Services, or (iii) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use our Services (including through use of advanced intelligence features and any Output). Samsung reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you may be required to indemnify us, and you agree to cooperate with our defense of any such claims.
GENERAL
INFRINGING CONTENT | If you are a copyright owner or an agent thereof and believe that any content on the Services infringe your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and email address;
5. A statement that you believe, in good faith, that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You can send your notice to SamsungDMCA@sea.samsung.com.
A copy of your DMCA Notification will be sent to the person who uploaded the material addressed in the Notification. Please be advised that under Section 512(f) of the DMCA, you may be held liable for damages and attorneys’ fees if you make material misrepresentations in a DMCA Notification or fail to comply with Applicable Law regarding fair use considerations.
ENTIRE AGREEMENT / SEVERABILITY | These Terms, our Privacy Policy, any additional terms that accompany our Services, any amendments, and any additional agreements you may enter into with us shall constitute the entire agreement between you and us with respect to our Services, and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to our Services or any subject matter covered by these Terms. If any provision of these Terms is deemed to be invalid, illegal, or unenforceable (in whole or in part), then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. You may be subject to additional terms and conditions that govern your use of third-party services, content, or software.
NO WAIVER | If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver of our rights or remedies, and such rights or remedies will remain available to us.
RESERVATION OF RIGHTS AND FEEDBACK | Nothing in these Terms gives you a right to use the Samsung name or any of the Samsung trademarks, logos, domain names, and other distinctive brand features. All rights, titles, and interest in and to our Services (excluding content provided by third parties) are, and will remain, the exclusive property of Samsung and its licensors. If you choose to make available any comments, ideas, feedback, or suggestions, we will be free to use such comments, ideas, feedback, or suggestions as we see fit and without any obligation to you.
COMPLIANCE WITH LAW, INCLUDING EXPORT LAW | You acknowledge and agree to comply with any and all Applicable Laws in using our Service, including, without limitation, all applicable export restriction laws and regulations.
SURVIVAL | Any provisions within these Terms that by their nature should continue to be in effect, including without limitation the following Sections: License, Disclaimer of Warranty, Limitation of Liability, Indemnification, and General, shall survive the expiration or termination of these Terms, and remain valid and binding.
ELECTRONIC COMMUNICATIONS | You agree to receive all agreements, notices, disclosures, and other communications electronically, including by email, push notification, pop-up, or text.
SERVICES SPECIAL TERMS
These Terms generally apply to all of our
Services, while the terms in this Section (“Special Terms”) only apply to the specified Services. If there is any conflict between these Special Terms and the rest of these Terms, the Special Terms will apply, except with respect to Governing Law/Dispute Resolution. We may additionally provide separate terms, policies, and guidelines within each Service.
Samsung Cloud | Unless otherwise notified by us regarding the data storage period in this provision or via separate notice, if you do not use Samsung Cloud for more than twelve (12) months, we reserve the right to delete all of your content stored on Samsung Cloud. Even if you use Samsung Cloud, if you do not use content in a specific category of Samsung Cloud (e.g., contacts, calendars, photos, videos, keyboard data) for more than twelve (12) months, we reserve the right to delete the respective category and the content therein. We will provide you with thirty (30) days advance notice prior to any such deletion of your content. For purposes of this provision, “use” or “used” shall mean accessing, uploading to, or downloading content from Samsung Cloud. Please note that this provision does not apply while you are subscribed to a paid option of Samsung Cloud. If you do not back up any content from your device to Samsung Cloud for more than twelve (12) months, we reserve the right to delete any content backed up from such device to Samsung Cloud (e.g. SMS, MMS, app installation package data, app settings, music files, document files, voice recordings, device settings). We will provide you with the backup expiration date within the Samsung Cloud application starting from thirty (30) days in advance of any such deletion of your content. If you temporarily back up your data using Samsung Cloud's temporary backup service (the service name may be changed from time to time), you can restore it only within the storage period that was notified to you when you were temporarily backing up your data. Your data may be deleted once such notified storage period expires. Be sure to back up your data regularly and also before the notified storage period expires. You are responsible for backing up your content to your own storage devices or media, as we do not guarantee or warrant that you will always be able to retrieve the content you store or back up through Samsung Cloud. You acknowledge and agree that Samsung is not liable or responsible for any loss that occurs due to you not taking action to separately back up or store your content.
Samsung Health | SAMSUNG HEALTH IS NOT INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE. SAMSUNG HEALTH IS NOT INTENDED FOR USE IN THE DETECTION, DIAGNOSIS, MONITORING, MANAGEMENT, OR TREATMENT OF ANY MEDICAL CONDITION, DISEASE, OR VITAL PHYSIOLOGICAL PROCESSES OR FOR THE TRANSMISSION OF TIME-SENSITIVE HEALTH INFORMATION. ANY INFORMATION FOUND, ACQUIRED, OR ACCESSED THROUGH SAMSUNG HEALTH IS MADE AVAILABLE ONLY FOR YOUR CONVENIENCE, AND SHOULD NOT BE TREATED AS MEDICAL ADVICE. YOU SHOULD SEEK MEDICAL ADVICE FROM A DOCTOR BEFORE STARTING A NEW FITNESS OR LIFESTYLE REGIMEN. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION YOU OBTAIN FROM SAMSUNG HEALTH MAY NOT BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE AND THAT SAMSUNG, EXCEPT AS OTHERWISE PROVIDED FOR IN THESE TERMS, WILL NOT BE HELD LIABLE FOR ANY INJURIES, DAMAGES, LOSSES, AND/OR COSTS ASSOCIATED WITH SAMSUNG HEALTH, NOR FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION FOUND, ACQUIRED, OR ACCESSED THROUGH SAMSUNG HEALTH. YOU ACKNOWLEDGE AND AGREE THAT SAMSUNG IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND THAT SAMSUNG DOES NOT DETERMINE THE APPROPRIATE MEDICAL USE OF SAMSUNG HEALTH. SAMSUNG HEALTH DOES NOT GENERATE ANY INDIVIDUAL BENEFIT FOR PATIENTS.
Samsung Pass | YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE THAT IS NOT YOU TO USE OR HANDLE YOUR DEVICE, YOUR SAMSUNG PASS, OR YOUR SAMSUNG ACCOUNT. IT IS YOUR RESPONSIBILITY TO MAINTAIN THE SECURITY OF YOUR DEVICE AND YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY LOSSES OR DAMAGES SUFFERED BY YOU DUE TO YOUR LOST, STOLEN, OR DAMAGED DEVICE. YOU MAY REGISTER YOUR BIOMETRIC INFORMATION TO VERIFY YOUR IDENTITY WHEN YOU USE SAMSUNG PASS. THIS HELPS PREVENT OTHERS FROM USING SAMSUNG PASS IF YOU LOSE YOUR DEVICE. YOU AGREE TO NOTIFY US IMMEDIATELY IF YOUR ACCOUNT BECOMES KNOWN TO SOMEONE ELSE OR IS OTHERWISE COMPROMISED.
Samsung SmartThings and Samsung Find | CERTAIN PRODUCTS AND/OR THIRD-PARTY PRODUCTS MAY NOT WORK OR MAY CEASE TO WORK WITH SMARTTHINGS DESPITE SUPPORTING THE SAME STANDARDS. WE DO NOT PROVIDE ANY GUARANTEE OR WARRANTY OF COMPATIBILITY FOR THIRD-PARTY PRODUCTS, EVEN IF SUCH THIRD-PARTY PRODUCTS ARE ACCESSIBLE THROUGH SMARTTHINGS. PLEASE NOTE THAT IF YOU ADD MEMBERS, SUCH MEMBERS WILL HAVE FULL ACCESS AND CONTROL OVER ANY AND ALL OF YOUR CONNECTED PRODUCTS.
- FIND PEOPLE
YOU WILL RECEIVE A NOTIFICATION FROM TIME TO TIME WHEN SOMEONE SEARCHES THE LOCATION OF YOUR DEVICE AFTER OBTAINING YOUR PERMISSION THROUGH SAMSUNG FIND’S “FIND PEOPLE” FEATURE.
- UNKNOWN TAG SEARCH / UNKNOWN TAG ALERT
IF A SAMSUNG TAG OR OTHER COMPATIBLE THIRD-PARTY TAGS THAT ARE UNKNOWN TO YOU ARE DETECTED TO BE WITHIN YOUR IMMEDIATE VICINITY FOR AN EXTENDED PERIOD OF TIME, YOU MAY BE PROVIDED WITH STEPS TO HELP LOCATE THE TAG THROUGH THE “UNKNOWN TAG ALERT” FEATURE. YOU CAN ALSO MANUALLY SEARCH FOR UNKNOWN TAGS THROUGH THE “UNKNOWN TAG SEARCH” FEATURE.
IF YOU CHANGE THE REGISTERED COUNTRY OF YOUR SAMSUNG ACCOUNT, YOUR ACCOUNT WILL BE WITHDRAWN FROM SMARTTHINGS AND SAMSUNG FIND. AND YOUR DATA IN THE SMARTTHINGS SERVER AND SAMSUNG FIND WILL BE DELETED.
IN THIS CASE, YOU CAN SIGN UP BASED ON THE CHANGED REGISTERED COUNTRY AND USE SMARTTHINGS AND SAMSUNG FIND.
Samsung Digital Key | You are responsible for keeping your Digital Key secure. Anyone with access to your device or Samsung account will be able to use your Digital Key and any related services, so make sure not to share your device or Samsung account with others. You are not allowed to use someone else’s Digital Key without their permission. Be careful not to lose your Digital Key or to allow it to be stolen or damaged. Samsung is not responsible for any losses or damages caused by you or someone else using your Digital Key, whether or not you gave them permission.
Samsung Internet | THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE A VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AN AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PARTNER LICENSED TO PROVIDE SUCH AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM.
Advanced intelligence |
For the purposes of the Terms, "advanced intelligence features" shall mean certain features contained in the Services that help you translate, summarize, or generate various creative content, among others. These features could be found below, which may be updated from time to time. For clarity, these features do not include third-party applications or services. The use of said third-party applications and services are subject to the applicable third party’s end-user agreement.
A. Call assist (Phone)
- Get real-time translation in the Samsung Phone app and third-party VoIP call apps.
B. Chat assist (Samsung Keyboard, Notifications, Watch Notifications) (for Models that support Suggested replies)
- Translate messages in select chat and text messaging apps, compose full text based on a note or request you've written, change your writing style, get spelling and grammar suggestions, and get notifications with suggested replies to text messages.
Chat assist (Samsung Keyboard) (for Models that do not support Suggested replies)
- Translate messages in select chat and text messaging apps, compose full text based on a note or request you've written, change your writing style, and get spelling and grammar suggestions.
C. Photo assist (Photo Editor, Contacts)
- Reimagine images by moving or removing people and objects, creating portraits in a variety of fun styles, and sketching new stuff into their backgrounds.
D. Interpreter
- Live translation of spoken conversations or speech, available as voice or text output.
E. Note assist (Samsung Notes)
- Auto format, summarize, spell check, and translate text or handwritten notes. Transcribe and summarize recordings. Decorate notes with AI-generated covers and images.
F. Transcript assist (Voice Recorder)
- Transform recordings into text transcripts and summaries you can review and translate.
G. Browsing assist (Samsung Internet)
- Get simple summaries of online content and translate webpages.
H. Photo ambient (Wallpaper and style)
- See how advanced intelligence changes your own wallpaper photo based on the time and weather.
I. Drawing assist (Air command, Smart select, Photo Editor, Samsung Notes, Edge panels)
- Transform rough sketches into detailed illustrations and add creative new elements to existing images.
J. Bixby
- Get answers when you have any inquiries on how to use the device or need help with problem-solving while using the device.
K. Health assist (Samsung Health)
- Get AI insights into your daily energy score.
※ Devices and related software not intended to diagnose, cure, mitigate, treat or prevent disease or other health conditions. Users should not interpret or take clinical action based on the device output without consultation of a qualified healthcare professional.
Outputs. Advanced intelligence features may generate output or content (“
Output”) based on your input of text, images, pictures, other applicable information (“
Input”).
By using advanced intelligence features, you acknowledge and agree that:
1 Advanced intelligence features may provide:
1.1 inaccurate, inappropriate, offensive, or infringing Output, which do not in any way represent Samsung’s views or constitute Samsung’s endorsement, warranty, or guarantee of such Output; or
1.2 same or similar, non-unique Output to multiple users.
2 Samsung does not make any promises, assurance, warranties, or guarantees as to the quality, accuracy, fitness for any particular purpose, completeness, title, non-infringement, authorship, copyrightability, stability, uptime or reliability of advanced intelligence features or any Output thereof, whether express, implied, statutory, or otherwise;
3 Your use of the advanced intelligence features is subject to your acceptance of and adherence to these Terms, compliance with any and all Applicable Law, and any additional terms, policies, and guidelines, including updated versions of these Terms, which may be made available to you and updated from time to time.
3.1 You may not use the advanced intelligence features and/or Input/Output thereof:
3.1.1 to disable, interfere with, or circumvent any aspect of the advanced intelligence features;
3.1.2 to distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature;
3.1.3 to gain unauthorized access to, disrupt, or impair the use of the advanced intelligence features, or the software or equipment used to provide the advanced intelligence features;
3.1.4 to access or use the advanced intelligence features in a manner intended to avoid incurring otherwise applicable fees;
3.1.5 to generate, distribute, publish, or facilitate unsolicited mass messages, email, promotions, advertisements, or other solicitations;
3.1.6 to copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or otherwise attempt to extract any of the source code of the advanced intelligence features (except to the extent such restriction is expressly prohibited by Applicable Law);
3.1.7 to sell, resell, sublicense, transfer, or distribute the advanced intelligence features;
3.1.8 to engage in, promote or encourage illegal activity, including child sexual exploitation, child abuse, terrorism or violence that can cause death, serious harm, or injury to individuals or groups of individuals;
3.1.9 for any unlawful, invasive, infringing, harassing, defamatory or fraudulent purpose including Non-consensual Explicit Imagery (NCEI) (including so-called “revenge porn” and so-called deepfakes), violating, misappropriating or infringing the intellectual property or privacy rights of others, phishing, creating a pyramid scheme;
3.1.10 for medical, legal, financial, psychological or other professional advice. Advanced intelligence features’ Output is for informational or creative purposes and for personal reference only and should not substitute advice from a qualified or licensed professional;
3.1.11 to access or use the advanced intelligence features for activities where the use or failure of the advanced intelligence features would reasonably be expected to result in death, serious personal injury, or severe environmental or property damage (such as the creation or operation of weaponry);
3.1.12 to use the advanced intelligence features to generate and distribute Output intended to misinform, misrepresent, or mislead any individual or entity, including but not limited to
i. intentionally misrepresent the origin of the Output such as by claiming that the Output generated by the advanced intelligence features has been made or authored by a human when it was not, or claiming Output as unique, original work;
ii. generating and distributing Output that impersonates a living or deceased individual, other institutions, or third parties in order to deceive or misrepresent or for commercial purposes;
iii. using the advanced intelligence features to make false or misleading claims of expertise or capability including but not limited to areas that could be considered particularly sensitive such as health, finance, government services, or legal; or
iv. using the advanced intelligence features to generate decisions in areas that could have impact on individual rights or well-being, such as finance, legal, employment, healthcare, housing, insurance, and social welfare.
v. any use of Output that has or may have a tendency to deceive, mislead, or otherwise confuse any recipient or viewer, in whole or in part, must contain and reflect a clear and conspicuous disclaimer that such Output: (a) was generated by artificial intelligence; (b) may contain errors or inaccuracies; (c) should not be relied upon as a substitute for professional advice; and (d) is provided for entertainment purposes only, and should not be used for any other purpose, such as making financial or legal decisions or providing medical advice.
3.1.13 to train, fine-tune, or test any other software, including but not limited to any artificial intelligence, advanced intelligence, or machine learning models or tools;
3.1.14 to use the advanced intelligence features in a way that infringes, misappropriates, or violates any person’s rights, or in a way that encourages infringement, misappropriation, or violation of any person’s rights; or
4 Ownership of Output. As between you and Samsung, subject to the other provisions of these Terms, and to the extent permitted by Applicable Law, you (i) retain your ownership rights in Input, if any and (ii) own any original elements of the Output or other portions thereof that reflect your name, image, or likeness, or are based on Inputs you already own.
5 You are solely responsible for responding to any and all third-party claims that arise in relation to your use of advanced intelligence features (under the indemnification provision above and otherwise), including but not limited to intellectual property infringement or privacy violation claims or other claims that may be raised in connection with Output generated by advanced intelligence features.
6 Samsung may, at any time, change some or all of its advanced intelligence features to subscription-based features, in which case Samsung will provide prior notice.
Samsung reserves the right to rate limit you to prevent quality decay or interruptions to the advanced intelligence features.
Additional Terms | Additional terms, policies, or guidelines will be applied for the following Services:
• Galaxy Store
• Samsung Pay
• Samsung Rewards
• Samsung Care+
• Gaming Hub
• Samsung TV Plus
If you have any questions about our Services, contact(https://www.samsung.com/sec/) us.