Apple Watch

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Nature Real
ID Name Apple Watch
Provider Apple, Inc.
Description A smart watch to be paired with the iPhone, in order to: i. execute some of the functions of the smartphone directly on the watch (notifications; Google search; etc.); ii. benefit of some additional features provided by the smart watch (track your physical activity, etc.).
Country UK
Release Date 2015 (24.07.2014: date of the analysis)
Link http://www.apple.com/uk/watch/?cid=wwa-it-kwg-watch-com
Topics
Correlated texts http://www.techradar.com/news/wearables/can-the-apple-watch-work-without-an-iphone--1288140, http://www.gizmag.com/apple-watch-vs-samsung-gear-s/33960/, https://support.apple.com/kb/PH20767?viewlocale=en_US&locale=en_US

Notes

Contractual characteristics

Links to Terms&Conditions: http://images.apple.com/legal/sla/docs/AppleWatch.pdf (Software License Agreement); http://www.apple.com/legal/warranty/products/uk-ireland-warranty.html (Limited Warranty); http://www.apple.com/shop/open/salespolicies (Apple Online Store Sales Policy); http://www.apple.com/legal/sales-support/sales-policies/retail_uk.html (Apple Retail Store Sales Policy); http://www.apple.com/legal/privacy/en-ww/ (Privacy Policy)

Date of Terms&Conditions: 26.01.2015 (Software License Agreement); 24.07.2015 (Limited Warranty); 24.07.2015 (Apple Online Store Sales Policy); 24.07.2015 (Apple Retail Store Sales Policy); 17.09.2014 (Privacy Policy)

1. Is the consumer allowed to modify the software and/or hardware without retaliation? No
If the customer copies or modifies the software embedded in the Apple Watch, his right to use the embedded software terminates, and therefore he must cease to use the Apple Watch itself (see CC9).

The limited warranty on Apple Watch doesn't apply if the device has been used without following the guidelines published by Apple, if it has been modified in order to alter its functionalities or capabilities, or if services - e.g. upgrades, expansions, etc. - have been performed by a third party not authorized by Apple.


You may not, and you agree not to or enable others to, copy [...], decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Watch OS Software or any services provided by the Apple Watch OS Software or any part thereof (Source: SLA).

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Watch OS Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination (Source: SLA).

Apple [...] warrants the Apple-branded hardware product and accessories contained in the original packaging ("Apple Product") against defects in materials and workmanship when used in accordance with Apple's user manuals, technical specifications and other Apple Product published guidelines (Source: Limited Warranty).

This warranty does not apply: [...] to damage caused by operating the Apple Product outside the user manual, the technical specifications or other Apple Product published guidelines; [...] to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”); [...] to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple (Source: SLA).

2. Does the provider reserve to himself the right to modify/delete his own content? Not processed
3. Does the provider reserve to himself the right to modify/delete consumer content? Not processed
4. Is the title on software explicitly transferred to the consumer? No
The software embedded in the Apple Watch is only licensed, and not sold, to the customer of the device. Ownership on the copy embedded in the purchased Apple Watch is retained by the provider.


The software [...] that came with your Apple Watch ("Original Apple Watch OS Software"), as may be updated or replaced by feature enhancements, software updates or system restore software provided by Apple ("Apple Watch OS Software Updates") [...] (the Original Apple Watch OS Software and Apple Watch OS Software Updates are collectively referred to as the “Apple Watch OS Software") are licensed, not sold, to you by Apple Inc. ("Apple") for use only under the terms of this License. Apple and its licensors retain ownership of the Apple Watch OS Software itself and reserve all rights not expressly granted to you (Source: SLA).

Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Apple Watch OS Software on a single Apple Watch. [...T]his License does not allow the Apple Watch OS Software to exist on more than one Apple Watch at a time, and you may not distribute or make the Apple Watch OS Software available over a network where it could be used by multiple devices at the same time. This License does not grant you any rights to use Apple proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third party devices and accessories, or third party software applications, for use with Apple Watch. [...] For more information on developing third party devices and accessories for Apple Watch, please visit https:// developer.apple.com/programs/mfi/. For more information on developing software applications for Apple Watch, please email devprograms@apple.com (Source: SLA).

This License does not allow you to update or restore any Apple Watch that you do not control or own, and you may not distribute or make the Apple Watch OS Software Updates available over a network where they could be used by multiple devices or multiple computers at the same time (Source: SLA).

5. Is the title on hardware explicitly transferred to the consumer? Yes
Both the Sales Policies concerning the Retail and the Online Store make reference to the Apple Watch as part of their objective scope.

The license agreement concerning the embedded software makes reference to the fact that ownership on the Apple Watch belongs to the customer.


You may not rent, lease, lend, sell, redistribute, or sublicense the Apple Watch OS Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Watch OS Software to another party in connection with the transfer of ownership of your Apple Watch, provided that [...] the party receiving the Apple Watch OS Software reads and agrees to accept the terms and conditions of this License (Source: SLA).

The purchase and use of Apple products is subject to terms and conditions found at: http://www.apple.com/legal/sla/ and http://www.apple.com/legal/warranty/ (Source: Apple Retail Store Sales Policy).

Apple Watch from the Edition collection may only be returned or exchanged if it’s in its original, undamaged and unmarked condition after passing inspection at Apple’s offsite facility (Source: Apple Retail Store Sales Policy and Apple Online Store Sales Policy).

6. Is the consumer forbidden from reselling the device? No
The Apple Watch is constituted by an hardware part - which is customer's property - and a software part - which is provider's property. Customer's resale of the device could be therefore prevented by the fact that he doesn't own it in its wholeness. For this reason, Apple provides the customer with the right to transfer his right to use the embedded software in case of resale of the hardware. Another positive aspect is that the limited warranty applies also to subsequent acquirers.

However, if the first acquirer violates the software license, this license terminates, and he therefore loses his right to transfer the software license to a second acquirer of his Apple Watch. It is questionable if this termination would forbid the customer from reselling the hardware embedding the software, notwithstanding the fact that the second acquirer would be unprovided with the right to use the software: the answer seems to be negative, because - even if the software license agreement states that the embedded software can't be redistributed, this clause don't operate in case of license termination; however, if we can affirm that on this embedded software the exhaustion principle didn't operate, the copy can't be redistributed anyway, even if because of copyright law instead of contractual terms; but, if the software can be considered as sold, we should thus question if the clause stating that the customer won't be able to transfer the license if he violates the terms and conditions of use could legitimately apply (and, anyway, not applying in case of violation of the license terms, and the exclusive right to distribution having been exhausted, in this case the resale would be possible). The Apple Software license agreement confers a license to use the software which is not defined as "permanent"/"unlimited in time", even if it is not even established a certain and prefixed term to its validity; for what concerns the payment due by the customer for the license, on one hand we could state that it is a free license, because the amount paid by the customer is intended as the price for acquiring ownership on the Apple Watch; on the other hand, however, the watch would be unusable without the embedded software, therefore we should consider if the lump-sum paid might be partly considered a payment for the embedded software. We should also question if the second acquirer wouldn't be able anyway (i.e. even if the first acquirer would be unable to transfer to him the license to use the software) to independently obtain the right to use the embedded software simply by starting using the Apple Watch: indeed, the Software License Agreement seems to state that the agreement is concluded simply through customer's use of the device.

Moreover, even when the customer is not forbidden from transferring the software license to a second acquirer of his Apple Watch, the resale might result materially discouraged or anyway difficult to implement, because of several reasons:

  • the party receiving the Apple Watch OS Software must read and agree to accept the terms and conditions of the License on the embedded software;
  • the device is provided with a feature enabling the customer to protect his device in case of loss or theft: the second acquirer should be able to verify that this feature has been disabled by the first acquirer, because - if it hasn't been - the second acquirer may be threaten by remote control of the device by the one who has sold it to him.


Apple and its licensors retain ownership of the Apple Watch OS Software itself and reserve all rights not expressly granted to you (Source: SLA).

''Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Apple Watch OS Software on a single Apple Watch (Source: SLA).

You may not rent, lease, lend, sell, redistribute, or sublicense the Apple Watch OS Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Watch OS Software to another party in connection with the transfer of ownership of your Apple Watch, provided that [...] the party receiving the Apple Watch OS Software reads and agrees to accept the terms and conditions of this License (Source: SLA).

In the event of any defect in materials and workmanship, you will be able to direct your claims to Apple even in situations where you purchased the Apple Product from a third party (Source: Limited Warranty).

Apple provides security features to enable you to protect your product in case of loss or theft. If these features have been activated and cannot be disabled by the person in possession of the phone, Apple may refuse the return or exchange (Source: Apple Retail Store Sales Policy).

The purchase and use of Apple products is subject to terms and conditions found at: http://www.apple.com/legal/sla/ and http://www.apple.com/legal/warranty/ (Source: Apple Retail Store Sales Policy).

The Apple Store sells and ships products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale (Source: Apple Online Store Sales Policy).

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Watch OS Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination. (Source: SLA).Unfortunately, the clause allowing the customer to transfer the software license to a second acquirer of his Apple Watch is in Section 3.

BY USING YOUR APPLE WATCH, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS: A. APPLE WATCH OS SOFTWARE LICENSE AGREEMENT; B. APPLE PAY SUPPLEMENTAL TERMS AND CONDITIONS; C. NOTICES FROM APPLE (Source: SLA).

7. Is the consumer forbidden from transferring the account? Not processed
Providing your device passcode to a third party or allowing a third party to add their fingerprint to use TouchID may result in their ability to make payments on your device. You are solely responsible for maintaining the security of your device and of your passcode. You agree that Apple does not have any responsibility if you lose or share access to your device. You agree that Apple does not have any responsibility if you make unauthorized modifications to Apple Watch (such as by way of a “jailbreak” (Source: SLA).
8. Is there an explicit prohibition to use the device in combination with a third party service? No
Even if the terms and conditions state that: i. third-party developers who want to develop accessories, devices or applications to be used with the Apple Watch can contact Apple, and ii. the embedded software may enable access to third-party services and websites, we answer negatively to that question, because:
  • in case of services performed on the device (such as upgrades and expansions) by third parties not authorized by Apple, not only the limited warranty ceases to apply, but - if the third-party services involve the modification of the embedded software - customer’s right to use it terminates;
  • the Apple Watch is not a standalone device, but it needs to be paired with an Apple iPhone in order to work: in fact, even if some features can be executed without the proximity of the iPhone, the initial matching between the two devices is anyway necessary in order to use the watch; well, it is not possible to use the Apple Watch with a third-party smartphone; only the Apple iPhone is workable with.


The Apple Watch OS Software may enable access to Apple's iTunes Store, App Store, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, "Services"). [...] Use of these Services requires Internet access and use of certain Services may require an Apple ID (Source: SLA).

You may not, and you agree not to or enable others to, copy [...], decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Watch OS Software or any services provided by the Apple Watch OS Software or any part thereof (Source: SLA).

Apple and its licensors retain ownership of the Apple Watch OS Software itself and reserve all rights not expressly granted to you (Source: SLA).

''Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Apple Watch OS Software on a single Apple Watch (Source: SLA).

For more information on developing third party devices and accessories for Apple Watch, please visit https:// developer.apple.com/programs/mfi/. For more information on developing software applications for Apple Watch, please email devprograms@apple.com (Source: SLA).

A Bluetooth connection to a supported iOS device (“Paired iOS Device”) with Wi-Fi or cellular data connection is required for some features of the Apple Watch OS Software and Services such as FaceTime Audio or iMessage (Source: SLA).

[M]any features and Services of the Apple Watch OS Software transmit data through your Paired iOS Device (Source: SLA).

''This warranty does not apply: [...] to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”) (Source: Limited Warranty).

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites (Source: SLA).

The Apple Watch isn't designed to replace your iPhone just yet. In fact, it depends on it. [...] That doesn't mean the Apple Watch is a dumb terminal, though. It has its own processor, sensors and on-board storage, and we're sure we'll see stacks of innovative apps as developers discover the possibilities (Source: http://www.techradar.com/news/wearables/can-the-apple-watch-work-without-an-iphone--1288140).

To use the Apple Watch, you'll need an iPhone (5 or later) to sync up with it (Source: http://www.gizmag.com/apple-watch-vs-samsung-gear-s/33960/).

The Apple Watch is a companion to the iPhone, but there are some things that the Apple Watch can do without the iPhone if you want to leave your phone at home or in your car and go mobile without carrying around an iPhone 5 to iPhone 6 Plus. This does dramatically limit what you can do with the Apple Watch, but this is not a standalone device that can connect to a cellular signal without first connecting to the iPhone (Source: http://www.gottabemobile.com/2015/03/30/apple-watch-without-iphone-features/).

Although you need an iPhone to do most things with Apple Watch, you can still do several things with Apple Watch without having an iPhone in range.Apple Watch uses Bluetooth® wireless technology to connect to its paired iPhone and uses the iPhone for many wireless functions. Apple Watch can’t configure new Wi-Fi networks on its own, but it can connect to Wi-Fi networks you’ve set up on the paired iPhone (Source: https://support.apple.com/kb/PH20767?viewlocale=en_US&locale=en_US).

To use your Apple Watch, you'll need to pair it with an iPhone 5 or later running iOS 8.2 or later (Source: https://support.apple.com/en-us/HT204505).

9. Are there explicit duration boundaries to consumer’s enjoyment of the device? Yes
If the customer violates the license terms concerning the embedded software, the license terminates, and the customer loses his right to use the software. We should therefore question if the prohibition of using the embedded software may cause the further prohibition to use the device: for a technical answer, see TC3; under a contractual perspective:
  • the software license agreement states that if the customer doesn’t agree with the terms of the license he can't use the Apple Watch, and the Apple Retail Store Sales Policy states that customer's use of Apple hardware and software products is subject to Apple's software license agreements: from this statement we can infer that the use of the hardware implies the use of the embedded software, and, therefore, if the customer doesn’t have a right to use the software, he can't even use the embedding hardware;
  • it is forbidden to (or allow other people to) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify or create derivative works of the embedded software, and the creation by the customer or by a third party of an alternative operating system (in order to use the Apple Watch without the Apple embedded software) requires the implementation of some of these actions.

Consumer's enjoyment of the device may also be conditioned by the software licensing terms: in fact - even if Apple is praiseworthy because it states that the software license agreement that applies is the one in force at the time of the purchase (which seems to imply that no modifications in the license agreement may intervene and constrain the disagreeing customer to stop using the Apple Watch already purchased) - the beneficial effects of this statement are reduced by another assertion included in the SLA: in case of software updates, these ones may be accompanied by further licensing terms, which are destined to prevail on conflicting terms in the original license. However, Apple updates of the embedded software don't take place automatically, but require customer's intervention (see CC16): this means that the customer will never be unwillingly subject to licensing terms turned out of the blue, because - if he doesn't agree with the licensing terms which accompany the software updates - he can avoid downloading it, but - on the other hand - he couldn't benefit from an up-to-date operating system. Moreover, the Privacy Policy may change from time to time, and - these changes affecting also the ones who already own an Apple Watch - customer's remedy in order to avoid them is to stop using the Apple Watch.


BY USING YOUR APPLE WATCH OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLE WATCH OR DOWNLOAD THE SOFTWARE UPDATE (Source: SLA).

IF YOU HAVE RECENTLY PURCHASED AN APPLE WATCH AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE WATCH WITHIN THE RETURN PERIOD (Source: SLA).

You may not, and you agree not to or enable others to, copy [...], decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Watch OS Software or any services provided by the Apple Watch OS Software or any part thereof (Source: SLA).

This License is effective until terminated. Your rights under this License will terminate automatically or otherwise cease to be effective without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Watch OS Software. Sections 4, 5, 6, 7, 8, 11 and 12 of this License shall survive any such termination. (Source: SLA).

Your use of Apple software or hardware products is based on the software license and other terms and conditions in effect for the product at the time of purchase. Your agreement to these terms is required to install or use the product. Please be aware that the software license that accompanies the product at the time of purchase may differ from the version of the license you can review here. Be certain to read the applicable terms carefully before you install the software or use the product (Source: http://www.apple.com/legal/sla/).

BY USING YOUR APPLE WATCH, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS: A. APPLE WATCH OS SOFTWARE LICENSE AGREEMENT; B. APPLE PAY SUPPLEMENTAL TERMS AND CONDITIONS; C. NOTICES FROM APPLE (Source: SLA).

BY USING YOUR APPLE WATCH OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLE WATCH OR DOWNLOAD THE SOFTWARE UPDATE (Source: SLA).

The terms of this License will govern any Apple Watch OS Software Updates provided by Apple that replace and/or supplement the Original Apple Watch OS Software product, unless such Apple Watch OS Software Update is accompanied by a separate license in which case the terms of that license will govern (Source: SLA).

No amendment to or modification of this License will be binding unless in writing and signed by Apple (Source: SLA).

If you are not satisfied with your purchase, you may return the product with the original receipt and original packaging within fourteen calendar days of purchase (Source: Apple Retail Store Sales Policy).

The purchase and use of Apple products is subject to terms and conditions found at: http://www.apple.com/legal/sla/ and http://www.apple.com/legal/warranty/ (Source: Apple Retail Store Sales Policy).

Apple Watch from the Edition collection may only be returned or exchanged if it’s in its original, undamaged and unmarked condition after passing inspection at Apple’s offsite facility (Source: Apple Retail Store Sales Policy and Apple Online Store Sales Policy).

10. Are there explicit duration boundaries to consumer’s enjoyment of the service? Yes
Apple doesn't warrant that any services will continue to be made available. However, we haven't analysed (TC4) if any of these services is essential for the workability of the Apple Smart Watch; in any case, this information can't be found in the terms and conditions, even if it might be possible to find it elsewhere.


The Apple Watch OS Software may enable access to Apple's iTunes Store, App Store, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, "Services"). [...] Use of these Services requires Internet access and use of certain Services may require an Apple ID (Source: SLA).

By using this software in connection with an Apple ID, or other Apple Service, you agree to the applicable terms of service for that Service (Source: SLA).

APPLE DOES NOT WARRANT THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE (Source: SLA).

11. Are there explicit terms and conditions allowing the consumer to access (view only) his data? Not available
Customer's personal information that is also contact information can be directly accessed by the customer. Access to other personal information retained by Apple may be requested by the customer, but Apple may decline those requests that it considers frivolous, vexatious, or impractical, or that threaten privacy of others, or for which access is not otherwise required by local law. Moreover, nothing is said about that information that is not personally identifiable but that- having been collected through the customer's Apple Watch - may interest the customer.


You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://appleid.apple.com/. For other personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if Apple is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the regional Privacy Contact Form (Source: Privacy Policy).

12. Are there explicit terms and conditions allowing the consumer to delete his data? Not available
For what concerns the Apple Watch, it seems that it can be even remotely erased by the customer.

For what concerns personal information in the hands of Apple:

  • if it is contact information, the customer can directly keep it up-to-date, but the deletion can be only implemented by Apple, which states that it will retain customer's personal information for the period necessary to fulfil the purposes outlined in the Privacy Policy unless a longer retention period is required or permitted by law;
  • if it is other personal information, the customer isn't provided with the ability to directly correct it, but he can anyway address a request to Apple in order to obtain that; however, Apple may decline those requests that it considers frivolous, vexatious, or impractical, or that threaten privacy of others, or for which access is not otherwise required by local law;
  • with reference to both types of information, the customer can address a deletion request to Apple, if Apple is not required to retain it by law or for legitimate business purposes.


If your device is lost or stolen and you have Find My iPhone enabled, you can use Find My iPhone to attempt to suspend the virtual cards on the device by putting it into Lost Mode or erase your device (Source: SLA).

Apple makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law (Source: Privacy Policy).

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://appleid.apple.com/. For other personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if Apple is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the regional Privacy Contact Form (Source: Privacy Policy).

13. Are there explicit terms and conditions allowing the consumer to export (with proprietary format) his data? Not available
The customer can address Apple a request to access the personal data Apple holds about him (see CC11), but it is clear neither what this "personal data other than contact information" is, nor what possibilities the notion of "access" includes.


Apple makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law (Source: Privacy Policy).

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://appleid.apple.com/. For other personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if Apple is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the regional Privacy Contact Form (Source: Privacy Policy).

14. Are there explicit terms and conditions allowing the consumer to export (with open format) his data? Not available
The customer can address Apple a request to access the personal data Apple holds about him (see CC11), but it is clear neither what this "personal data other than contact information" is, nor what possibilities the notion of "access" includes.
15. Does the provider reserve to himself the right to unilaterally modify terms and conditions? Yes
On the website it is stated that the software license and the other terms and conditions that apply to the use of Apple hardware and software products are the ones which are in force at the time of the product purchase.

However, for what concerns the Software License Agreement, it is true that, on the one hand, it states to apply to the customer is the one in force at the moment of the purchase. On the other hand, when Apple makes available a new update for download, this update might be accompanied by additional licensing terms, that are destined to prevail on the original ones in case of incompatibility: however, the customer is free to refuse the update and - therefore - the new licensing terms.

Moreover, for what concerns the Privacy Policy, Apple reserves the right to modify it unilaterally (in case of material changes, notice will be given on the website), and its modifications will affect also those who already own an Apple Watch.


Your use of Apple software or hardware products is based on the software license and other terms and conditions in effect for the product at the time of purchase. Your agreement to these terms is required to install or use the product. Please be aware that the software license that accompanies the product at the time of purchase may differ from the version of the license you can review here. Be certain to read the applicable terms carefully before you install the software or use the product (Source: http://www.apple.com/legal/sla/).

BY USING YOUR APPLE WATCH, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS: A. APPLE WATCH OS SOFTWARE LICENSE AGREEMENT; B. APPLE PAY SUPPLEMENTAL TERMS AND CONDITIONS; C. NOTICES FROM APPLE (Source: SLA).

BY USING YOUR APPLE WATCH OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLE WATCH OR DOWNLOAD THE SOFTWARE UPDATE (Source: SLA).

The terms of this License will govern any Apple Watch OS Software Updates provided by Apple that replace and/or supplement the Original Apple Watch OS Software product, unless such Apple Watch OS Software Update is accompanied by a separate license in which case the terms of that license will govern00 (Source: SLA).

No amendment to or modification of this License will be binding unless in writing and signed by Apple (Source: SLA).

Apple may update its Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy (Source: Privacy Policy).

16. Does the provider reserve to himself the right to unilaterally modify the software? No
Apple doesn't reserve the right and power to automatically update the embedded software: the customer who wants to benefit from them must carry out an operation of download.

We also highlight, however, that Apple doesn't assume the obligation to grant software updates.


BY USING YOUR APPLE WATCH OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLE WATCH OR DOWNLOAD THE SOFTWARE UPDATE (Source: SLA).

Apple, at its discretion, may make available future Apple Watch OS Software Updates (Source: SLA).

Updates of the software embedded in the Apple Watch aren't automatic, but require customer's intervention in order to take place. (Source: https://support.apple.com/en-us/HT204641).

Technical characteristics

1. Which is the duration of the provider role? Not processed
2. Is the branded hardware necessary for product usability? Yes
The Apple embedded software can be used only on the Apple Watch.

We must also remember that the Apple Watch can be used only if paired with an Apple iPhone (see CC8).


Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the Apple Watch OS Software on a single Apple Watch. [...T]his License does not allow the Apple Watch OS Software to exist on more than one Apple Watch at a time, and you may not distribute or make the Apple Watch OS Software available over a network where it could be used by multiple devices at the same time (Source: SLA).

You may not rent, lease, lend, sell, redistribute, or sublicense the Apple Watch OS Software. You may, however, make a one-time permanent transfer of all of your license rights to the Apple Watch OS Software to another party in connection with the transfer of ownership of your Apple Watch, provided that [...] the party receiving the Apple Watch OS Software reads and agrees to accept the terms and conditions of this License (Source: SLA).

[M]any features and Services of the Apple Watch OS Software transmit data through your Paired iOS Device (Source: SLA).

You may withdraw this consent at any time by going to the Location Services setting on your Paired iOS Device and either turning off the global Location Services setting or turning off the individual location settings of each location-aware item on your Apple Watch. [...] You may disable the location-based functionality of Siri by going to the Location Services setting on your Paired iOS Device and turning off the individual location setting for Siri (Source: SLA).

3. Is the branded software necessary for product usability? Yes
Apple states that the use of the Apple Watch (and not only of the embedded software) is subject to the software licensing terms, which implies that Apple excludes the pairing of its Apple Watch with alternative third-party operating systems. Moreover, those activities which third-party programmers should implement on the branded software in order to create an alternative one are forbidden by the Software License Agreement (see CC9).


BY USING YOUR APPLE WATCH OR DOWNLOADING A SOFTWARE UPDATE, AS APPLICABLE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE APPLE WATCH OR DOWNLOAD THE SOFTWARE UPDATE (Source: SLA).

IF YOU HAVE RECENTLY PURCHASED AN APPLE WATCH AND YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE WATCH WITHIN THE RETURN PERIOD (Source: SLA).

The purchase and use of Apple products is subject to terms and conditions found at: http://www.apple.com/legal/sla/ and http://www.apple.com/legal/warranty/ (Source: Apple Retail Store Sales Policy).

Your use of Apple software or hardware products is based on the software license and other terms and conditions in effect for the product at the time of purchase. Your agreement to these terms is required to install or use the product. Please be aware that the software license that accompanies the product at the time of purchase may differ from the version of the license you can review here. Be certain to read the applicable terms carefully before you install the software or use the product (Source: http://www.apple.com/legal/sla/).

You may not, and you agree not to or enable others to, copy [...], decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Apple Watch OS Software or any services provided by the Apple Watch OS Software or any part thereof (Source: SLA).

4. Is the branded "service" necessary for product usability? Not processed
The Apple Watch OS Software may enable access to Apple's iTunes Store, App Store, iCloud, Maps and other Apple and third party services and web sites (collectively and individually, "Services"). [...] Use of these Services requires Internet access and use of certain Services may require an Apple ID (Source: SLA).
5. Do the device's administration rights belong to the product provider? Not available
I can't answer the question concerning the belonging of the device administration rights.

However, always dealing with the topic of "remote control of the device by subjects others than the owner", we must highlight that the Apple Watch is provided with a feature that enables remote protection of the device by its owner. That means that - if the device is sold - the second acquirer must verify - in his own interest - that the first acquirer has disable those features (see CC6).


With your explicit consent, we may collect data about how you use your device and applications in order to help app developers improve their apps (Source: Privacy Policy).

We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users (Source: Privacy Policy).

Apple provides security features to enable you to protect your product in case of loss or theft. If these features have been activated and cannot be disabled by the person in possession of the phone, Apple may refuse the return or exchange (Source: Apple Retail Store Sales Policy).

6. Which possibilities does the consumer have to dispose of his data? Deletion
Customer's direct use of his personal data is relevantly circumscribed: he can directly access them and keep them up to date only if they are part of his contact information. Other personal data held by Apple (even if the specific nature of that data is not clear) may be accessed only by addressing a request to Apple, which - moreover - in some circumstances can refuse to answer.

We must however highlight an interesting feature offered by the Apple Watch: the possibility for the customer to directly remotely delete it in case of loss or theft.


If your device is lost or stolen and you have Find My iPhone enabled, you can use Find My iPhone to attempt to suspend the virtual cards on the device by putting it into Lost Mode or erase your device (Source: SLA).

Apple makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law (Source: Privacy Policy).

You can help ensure that your contact information and preferences are accurate, complete, and up to date by logging in to your account at https://appleid.apple.com/. For other personal information we hold, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if Apple is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law. Access, correction, or deletion requests can be made through the regional Privacy Contact Form (Source: Privacy Policy).

Usability

1. Can the consumer enjoy the product for an unlimited period? No
The customer can't be certain to be able to use the Apple Watch for an unlimited time:
  • customer's right to use the embedded software may cease in case of violation of the licensing terms (see CC1);
  • the embedded software is necessary in order to be able to use the Apple Watch (see CC9 and TC3).

In any case, the customer can use the Apple Watch only as long as he can pair it with an Apple iPhone (see CC8).

Moreover, if the Privacy Policy changes and the customer doesn't agree with those changes, his sole remedy is to stop using the Apple Watch (see CC15); however, the software licensing agreement doesn't pose the same problems because it might be modified only in case of updates (see CC15), and the customer has the power and the right to refuse those updates and therefore also the new licensing terms accompanying them (see CC16).

Finally, we must highlight that Apple doesn't warrant that any services will continue to be made available, but it doesn't emerge with clarity from the terms and conditions if any of these services is necessary for basic usability of Apple Watch (see CC10).

2. Can the consumer sell the device? Not available
On the one hand, the license agreement expressly recognises customer's right to resell the Apple Watch (even if the second acquirer has to agree with the licensing terms of the embedded software in order to use it). On the other hand, this right ceases to apply if the license agreement terminates (e.g. if the customer violates its clauses), but is difficult to determine if this termination would prevent the customer from reselling the device: in order to answer, we should determine if i. the "license" on the embedded software should be qualified as a veritable license or as a sale, and ii. the second acquirer would be able to acquire a right to use the embedded software, which is necessary in order to enjoy the Apple Watch (see CC6).
3. Can the consumer transfer the account? Not processed
4. Can the consumer delete his data? Yes
The customer can erase his Apple Watch, even remotely (see CC12 and TC6).

However, his possibilities to delete the data in the hands of Apple are circumscribed (see CC12).

5. Can the consumer delete his account? Not processed
6. Can the consumer use his data? Not available
The customer can't directly access great part of his personal information which is in the hands of Apple (and it isn't even clear what kind of information Apple owns about him); he can only address a request to Apple in order to access it (and it is not even clear what kind of "access" the customer may achieve: can he access raw or processed data? can he obtain a copy of this data? and, if he can, will be this copy in an open machine-readable format or not?), request that Apple - under some circumstances - may refuse to answer (see CC11, CC13, CC14 and TC6).
7. Can the consumer use the HW and SW in combination with third party SRV? Not processed
8. Can the consumer use the HW and SRV in combination with third party SW? Not processed
The Apple Watch can only be used in combination with the Apple Watch OS Software which is embedded in it (see CC9 and TC3).
9. Can the consumer use the SW and SRV in combination with third party HW? No
The Apple Watch OS Software can be used only on the Apple Watch (see TC2).
10. Can the consumer use the HW in combination with third party SW and SRV? Not processed
11. Can the consumer use the SW in combination with third party HW and SRV? Not processed
12. Can the consumer use the SRV in combination with third party HW and SW? Not processed

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