This Regulation does not apply to services which do not correspond to that definition. In particular, it does not apply to services which do not constitute information society services or which are not intermediary services. In that regard, the Regulation does not apply, in particular, to the offline services, to electronic communications services as defined in Directive (EU) 2018/1972 of the European Parliament and of the Council, nor to services provided over electronic communications networks or by means of electronic communications services, such as Machine to Machine communications, or to the transmission of information by means of electronic communications networks, except for the transmission of information which constitutes the provision of an information society service itself. This Regulation also does not apply to software such as internet browsers, operating systems, or software applications, which are not intended to provide access to an online interface and enable end users to access information, or to conclude transactions with providers, as they do not in themselves constitute intermediary services. Therefore, devices, such as smart televisions, or physical products that integrate an information society service, cannot, as such, be considered to be intermediary services.
Recital 9