TERMS OF USE
Last update: April, 2023
These terms of use (the "Terms of Use") define the terms and conditions under which you are authorized to use the TAG Heuer Connected application (the “Application”). Please read these Terms of Use carefully and make sure that you understand them before you start to use the Application, as these will apply to your use of the Application. We recommend that you print a copy of these Terms of Use for future reference. If you do not agree to the Terms of Use, you must not use the Application.
Those Terms of Use are an agreement between you and TAG Heuer, branch of LVMH Swiss Manufactures SA, having its registered office at 6A rue Louis-Joseph Chevrolet 2300 La Chaux-de-Fonds, Switzerland. If you are residing in China, please consult the specific Terms of Use for China.
When the Terms of Use mention “TAG Heuer”, “we”, “us”, or “our”, they refer to the party to your agreement that provides you with the Application.
1 - Description and use of the Application
The Application has been designed for use in combination with the last generations of TAG Heuer connected watch (2020 onwards) (the “Watch”) and is not compatible with other smartwatches or previous generations of TAG Heuer Connected watches such as the original TAG Heuer Connected (2015), TAG Heuer Connected Modular 45 and 41 (2017), and TAG Heuer Connected Modular 45 Golf edition (2019).
The Application is available on compatible smartphones running Android 8.0+ with supported Google Mobile Services (excluding Go edition and smartphones without Google Play) or iOS 15.0+. Please note that certain smartphones running Android with preloaded Chinese set up may not be compatible. Supported features and apps may vary between platforms and countries with compatibility subject to change and may be only available in certain languages. If you are unsure of your device's compatibility, or for further information please contact us at the following link https://www.tagheuer.com/us/en/contact/.
The Application enables owners of Connected Calibre E4 and onwards generations, to pair their Watch. The Application also allows its users to:
once paired with a Watch to view and analyze their activity data both from their sport sessions with TAG Heuer Sports and from their use of TAG Heuer Wellness on their Watch (collectively, “TAG Heuer Watch Apps”)
follow their progress over time
create a TAG Heuer account to back up their activity data and synchronize with other apps like Apple Health, Google Fit or Strava.
discover and manage their watch faces and tiles through their phone.
If you are under 18, these Terms of Use must be read and accepted by your parent or legal guardian.
2 - Your TAG Heuer account
Your use of the Application does not require that you create or sign in with a TAG Heuer account, but it is highly recommended in order to enhance your experience with the Application and your Watch and to enjoy the following features :
-back up of your data if you expressly consent to synchronize your activity data with TAG Heuer servers;
-access to elevation graphs if you expressly consent to synchronize your activity data with TAG Heuer servers;
-synchronization with third parties’ applications such as Strava, HealthKit on iOS devices and Google Fit on Android devices and WalletConnect if you expressly consent with such synchronizations;
A TAG Heuer account creation requires that you create and complete your TAG Heuer account by providing us with information such as your first name, last name, email address, gender, birth date and country of residence.
You should make sure to provide and maintain accurate, correct and up-to-date information about yourself as requested by our account creation process. TAG Heuer will not be held responsible if you provide incorrect or inaccurate information, and some of the services provided to you through the Application may not operate properly if relying on incorrect or inaccurate information. We would also not be able to contact you with important notices should we not have your correct email address.
You are responsible for maintaining the confidentiality of your actions while using your TAG Heuer account. TAG Heuer is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account information. If you know or suspect that someone other than yourself knows your password, please notify us immediately via the "Help and Support" page of the Application and change your password through the “Change Password” or "Forgotten Password" function.
We are entitled to disable your account at any time if we reasonably believe that you have not complied with any provision of these Terms of Use.
3 - Your activity profile and your activity data
If you wish to properly follow your activity data with the Application, make sure to provide and maintain correct and accurate information when completing your activity profile (your activity profile, including your height and weight can be completed in the Application or in TAG Heuer Watch Apps – the TAG Heuer Watch Apps and this Application on your phone will synchronize with each other). Certain activity data (e.g., calories burned) are indeed calculated on the basis of the information provided in your activity profile. Providing and maintaining accurate activity profile information will therefore optimize your chances to generate accurate activity data.
The synchronization of your activity data on TAG Heuer servers is mandatory to complete your TAG Heuer account creation and will enable you to recover your activity data in case you loose or break your phone. This synchronization will also enable you to get access to the elevation graphs feature. If you do not want to synchronize your activity data on our servers, you can cancel the creation of your TAG Heuer account and use the Application without logging in.
The Application integrates the third party applications HealthKit on iOS devices and Google Fit on Android devices and allows you, if you expressly consent to it, to synchronize your Application with your Health or Google Fit app depending on the operating system of your device. The Application is also compatible with Strava. For more information in respect of the data flows between the Application and these third party apps once and if you activate the synchronization, please refer to our privacy policy.
4 - Synchronization with your Watch and availability
Once your Watch is paired, your TAG Heuer Watch Apps and TAG Heuer watchfaces will be able to synchronize with the Application. If you expressly consented to synchronize your activity data, the synchronization will result in the transfer of these data from your Watch to your TAG Heuer account stored on our servers, as follows:
- with TAG Heuer Sports, your activity data from your sport sessions will synchronize with your TAG Heuer account at the end of each sport session;
- with TAG Heuer Wellness, your activity data will continuously synchronize with your TAG Heuer account once you have activated TAG Heuer Wellness on your Watch. You can always deactivate it in the settings of the app on your Watch.
If you wish to interrupt the synchronization between your TAG Heuer Watch Apps and the Application (e.g., if you are no longer interested in backing up your activity data), simply go to the Settings tab, select TAG Heuer Privacy settings and disable the “synchronization” of activity data. This will log you out of the Application and unlink your Watch from your TAG Heuer account. Your activity data from further use of TAG Heuer Watch Apps will then remain stored locally on your Watch, until you re-log in to the Application.
The Application will in principle be accessible 24 hours a day, 7 days a week, except if we need to interrupt access for maintenance purposes or for reasons which are beyond our control such as difficulties related to telecommunications networks or other technical difficulties.
5 – Use of the “LENS” feature
With our “LENS” feature, you may create a photo gallery on the Application which may include:
- images from a TAG Heuer library;
- your photos if you give TAG Heuer access to your phone library;
- Non-Fungible Tokens (“NFT”) that you own (i.e., NFT viewer feature).
You will be able to display such content on your Watch.
In order to display a NFT on your Watch and use the NFT viewer feature, you need to connect your crypto wallet to the Application. Please note that you must already have a crypto wallet on Ledger Live or Metamask (which are the only two crypto wallet providers supported by the Application to date). These crypto wallet providers are not under TAG Heuer control, they have their own privacy policies and terms of use and we have therefore no responsibility for their services.
You represent that you have all the rights to use the crypto wallets that you connect to the Application. We will verify wallet changes through Moralis and, if we notice that you do not own a NFT in your crypto wallet anymore, we will be entitled to delete the related NFT from the photo gallery.
TAG Heuer will have access to information related to your NFTs (such as your public key data) to enable you to use the NFT viewer feature, please refer to the privacy policy of this Application for further information. For the avoidance of doubt, we do not collect private key data associated with your crypto wallet. Apart from the images from the TAG Heuer library, we do not store any of your photos or NFTs on TAG Heuer servers.
Our “LENS” feature may not be compatible with all generations of TAG Heuer Watches.
6 - Emails and notifications
As part of your use of the Application, you may receive notifications (e.g., “Push” notifications) or emails to notify you of important events or to provide you with certain technical announcements and administrative messages regarding the Application. You only receive Push notifications if you enable them. You can disable them at any time through the settings on your phone.
We will not send you any marketing messages without having collected your specific prior consent for such purpose. Please refer to the privacy policy of this Application for further information.
7 - Intellectual property
We are the owner or the licensee of all intellectual property rights in the Application, and in the content published on it. Those elements are protected by copyright laws and treaties around the world. All such rights are reserved.
The use of the Application and access to its content does not confer any intellectual property rights to you with respect to these elements, which remain our property or the property of our licensors. We grant you a free, personal, non-exclusive and non-transferable right to use the Application and its content, only in a private context and subject to acceptance of and compliance with the Terms of Use. This right is granted to you only in the country from which you access the Application and during the sole period of accessibility of the Application.
Any distribution, copying, exploitation, translation, extraction, distribution, duplication, modification, deletion, transfer, representation or reproduction, as well as any alteration, in whole or in part, of the Application or its content or any of its components, in any manner and for any reason whatsoever, is expressly prohibited. It is also prohibited to (i) copy, modify, create a derivative work, reverse the design or assembly or in any other way attempt to find the source code (except as provided by law), sell, assign, sub-license or transfer in any way any right relating to the Application and its content; and/or (ii) infringe in any way whatsoever the intellectual property rights attached to the Application and/or its content.
Failure to comply with these prohibitions may constitute an infringement for which its author is liable.
8 - Personal data protection
TAG Heuer ensures the protection of your personal data. For more information about the processing of your personal data involved by your use of the Application, please refer to our privacy policy which will be made available to you before creating your account. Our privacy policy can also be consulted through the settings of the Application once you have signed in.
9 - Intended use
The Application, its content and the activity data are provided for informational and recreational purposes only, for your private non-commercial use. We make no representations, warranties or guarantees, whether express or implied, that the content of the Application and the activity data are accurate, current, complete or up-to-date.
The Application is not intended to provide medical diagnostic services or medical advice. Accordingly, you must not use the Application for diagnosing, monitoring or remedying any illness or physical problem or for making any decision in respect of your medical condition. For any advice or questions on medical issues or your health condition, you must always consult your physician.
While the Application and the Watch contain features that allow you to visualize your sports sessions and your statistics in connection with your physical condition, you must always consult your physician before beginning or modifying any exercise program.
10 - Google and Third Party Services
10.1 Google Services:
Your Watch is powered by Google Wear OS and the Application contains services, features, links to content and websites provided and managed by Google for example, for Connected Calibre E4 and onwards generations : these are the pairing of your Watch, tiles display manager and Wear OS Watch settings (the “Google Services”). Please note that those Google Services, are subject to Google’s own terms of use and privacy policy. TAG Heuer has therefore no control and responsibility for the content of those Google Services, nor shall TAG Heuer be liable for any loss or damages whatsoever that may be incurred because of any use of the Google Services.
As we do not own or control those Google Services, these Terms of Use and our privacy policy do not apply to them. We encourage you to read and understand Google terms of use and privacy policy before using the relevant Google Services and before sharing information with Google.
10.2 Third Parties Services:
The Application contains links to content, websites, services, mobile apps or social medial platforms provided by third parties, like Strava, Google Fit and Health (the “Third Party Services”).
The Application will offer you the opportunity to synchronize with these Third Party Services. Information in connection with the data flows between the Application and the Third Party Services, and resulting from such synchronization, can be found in the privacy policy of this Application. However, please note that these Third Party Services are not under TAG Heuer control and we have therefore no responsibility for the content of those Third Party Services, nor shall we be liable for any loss or damages whatsoever that may be incurred because of any use of the Third Party Services.
As we do not own or control those Third Party Services, the Terms of Use and our privacy policy do not apply to them. The Third Party Services have their own privacy policies and terms of use, and you are responsible for reading, understanding and accepting them before using the relevant service, or before sharing information with the Third Party Services’ provider.
11 - Your obligations
You undertake:
- to be the owner of all rights pertaining to your content uploaded on the Application, including all your images, photos and NFTs uploaded on the Application for display on the Watch through the “LENS” feature and that such content will not contain any material which is illegal or does not comply with applicable laws. TAG Heuer shall not be liable for the content you upload on the Application;
- not to obstruct the proper functioning of the Application, in particular not to bypass technical protection systems, carry out or encourage acts of piracy, transmit viruses, interrupt, destroy or limit the functionalities of the Application as well as of any tool, software or hardware related to the Application;
- not to infringe the rights and image of TAG Heuer or third parties; and
- not to violate the laws and regulations in force as well as public order and morality. In particular, you may not violate the respect for privacy and personal data, human dignity and minors, nor incite violence, racial hatred, discrimination, racism, xenophobia, nor condone crimes, including war crimes and crimes against humanity.
12 - Our liability
TAG Heuer may not be held liable if a breach or improper performance of its obligations is attributable either to you, or to the unforeseeable and insurmountable fact of a third party, or to a force majeure event.
13 - Update of the Terms of Use
We may update or revise the Terms of Use from time to time. We will ensure that you are informed of these changes either by a notice in the Application, for example, or, if applicable, by a personalized warning sent by email or through a Push notification. The Terms of Use will be resubmitted to your acceptance if and when updated.
14 - Update of the Application
We may update the Application regularly and change its content at any time. Updates may notably include upgrades, modifications, bug fixes, patches and other error corrections and/or new features. The Application may not properly operate if you do not install all updates. We advise you to consent to automatic updates to increase chances to have the latest version of Application. The Terms of Use (and any additional modifications of the same) will apply to the updates installed on the Application.
Please note, however, that we have no obligation to update the Application.
15 - Contact
For any questions regarding these Terms of Use or if you wish to delete your account, please contact us via the "Help and Support" page in the settings of the Application.
16 – Trademark notices
TAG HEUER and TAG HEUER CONNECTED are trademarks of LVMH Swiss Manufactures SA. These trademarks may not be used without our express permission.
Apple and HealthKit are trademarks of Apple Inc.; Strava is a trademark of Strava, Inc.; Google, Google Wear OS, Google Fit and Android are trademarks of Google LLC.