General Terms of Use of the Orange Phone Service for iOS

INTRODUCTION

ORANGE SA, a public limited liability company with a share capital of 10 640 226 396 €, registered in the Business Register of Nanterre under number 380 129 866, and whose registered address is at 111, quai du Président Roosevelt, 92130 Issy-les-Moulineaux, France ("ORANGE") provides the user (the “User”) with the mobile application « Orange Phone » .

The access and use of the mobile application and of the services that it offers are subjected to these General Terms of Use (the “GTU”), which the User states that he has read and agrees to when using the mobile application and the offered services.

The mobile application «Orange Phone» for iOS is open to any individual with a compatible terminal and a mobile communication offer including mobile internet services, from a provider of mobile services, and who wishes to use the mobile application and the offered services for his own needs in the framework of personal and non-commercial use.

ARTICLE 1 - DEFINITIONS

In these GTUs the following terms have, unless otherwise indicated, the meanings given to them in this article:

Application:
 Refers to the mobile software application called "Orange Phone" giving access to the Service that the User should download to his Device.

Mobile Service Provider:
Refers to the Mobile Operator from whom the User has subscribed for a mobile communication offering including mobile internet services.

Service:
means together the Application as well as the additional features and services of third parties that may, as the case may be, provide better number recognition and filtering, as described in GTU Article 4 below.

Third party service:
Refers to a service offered by a third party, an ORANGE partner, accessible through the Application and / or the service offered by ORANGE. i.e. the pricing information provided by AFMM (French Mobile Multimedia Association) or alerts provided by the French platform 33700 (voice and SMS SPAM prevention platform).

Device:
Any mobile device compatible with the Application and the Service. The Device should be connected to the Internet for the User to benefit from the entire Service.

User:
Refers to an adult individual using the Service, for his own needs, in the context of a strictly personal non-commercial use.

ARTICLE 2 - PURPOSE

The purpose of these GTUs is to define the conditions under which:

ARTICLE 3 - TECHNICAL REQUIREMENTS AND DATA CONSUMPTION

Use of the Service is only possible from a Device. The Service, accessible by downloading the Mobile Application "Orange Phone" for iOS, is open to anyone who has a mobile or prepaid package with a Mobile Service Provider, including mobile internet services, and wishes to use the Service for his own needs in in the context of personal, non-commercial use.

The minimum configuration recommended by ORANGE to use the Service is specified in the mobile application stores on which the Application is available for download. The User acknowledges and agrees that these system requirements, which may be changed from time to time, are the sole responsibility of the User.

Use of the Service involves the transmission of data to and from the User's Device, which may be subject to charges by the Mobile Service Provider. It is therefore highly recommended that the User check that the mobile offer he has is compatible with the use of the Service. ORANGE cannot be held responsible for excessive data consumption in terms of Internet access and mobile network conditions as stipulated between the User and his Mobile Service Provider. ORANGE recommends that the User choose a mobile service that offers sufficient transfer capabilities and suggests that the User ask its Mobile Service Provider how to choose an appropriate package, as needed.

In addition it is specified that the features such as referred to in article 4 below of the GTUs, are accessible depending on the country where the Application is available and are accessible only to Users holding an ORANGE SIM card, or a SIM card from an Orange group company acting as a mobile service operator, installed in the Device.

ARTICLE 4 - DESCRIPTION OF THE SERVICE

The "Orange Phone" service is an application to help the user identify and manage unwanted calls and identify unknown numbers including through partner’s services. Depending on the country where the Application is available, the Service provides particularly the following features:

Depending on the location of the User, the Mobile Service Provider of the User and the mobile network on which the User is hosted, any or all of the above features may not be provided.

ARTICLE 5 - RATES

The Service is provided free of charge, but does not include the cost of mobile communication and access to the Internet when the User uses the Service. Internet connection costs depend on the mobile Internet offer available to the User.
When the User is located outside the territory in which he has his national mobile service offer ("roaming"), he may be subject to additional charges by his Mobile Service Provider for the use of the data in accordance with the mobile offer of the User, and the geographical area in which he is located. It is the responsibility of the User to check with his Mobile Service Provider that he has an offer for the use of data from abroad.

ARTICLE 6 - "QUALIFICATION" FUNCTIONALITY

After searching for a number, the User will be asked to provide a qualification for this number: "unwanted", "telemarketing" or "approved" (hereinafter "Qualification"). By giving a qualification, the User agrees that his qualification be used by ORANGE to inform other Users of the qualification of incoming calls and is retained in case the User uninstalls the Application and ceases to use the Service.

ARTICLE 7 - LIABILITY AND GUARANTEES OF THE USER

7.1 The User is asked to exercise discretion and caution regarding the Qualification transmitted to ORANGE. The User will be solely responsible for any Qualification sent to ORANGE. ORANGE does not carry out any verification of the qualification declared by the User.

7.2 The User agrees to inform ORANGE of any unauthorized use of the App or any other breach of security.

The User agrees to use the Service according to the purpose for which it was defined. Misuse is prohibited, especially any commercial use of the Service. These include cases of inappropriate use of the Service such as:

In addition, the User shall not decompile, modify and / or disassemble the Application, practicing reverse engineering or attempt to discover or reconstruct the source code, in any way and / or access or attempt to access the Qualification or Third-Party Services databases.

ARTICLE 8 - RESPONSIBILITY AND GUARANTEES OF ORANGE

ORANGE sets up the means necessary for the proper operation of the Application, the maintenance and continuity of the Application and agrees to make its best efforts to make the Service accessible on a 24 / 7 basis from the Application, subject to possible breakdowns and maintenance operations necessary for the proper operation of the Application and the Service and except in the event of a case of force majeure and / or an event beyond the control of ORANGE and / or failures of a Third Party Service. ORANGE shall not be responsible in the event of improper operation of a Third-Party Service for which said third party shall be directly responsible to the User as publisher of said service.
ORANGE's liability to the User may be incurred only in the event of fault or negligence by ORANGE duly proven and solely attributable to ORANGE, in particular in case of non-compliance with its duties under these GTUs.
ORANGE cannot be held responsible if the qualification of the call is incorrect, inaccurate, misleading contains illegal content and / or violates the rights of third parties.

ARTICLE 9 - AMENDMENT

ORANGE reserves the right to make changes to the Service, in particular by providing Users with new features and / or by changing and / or deleting some features, and to amend these GTUs. The User shall be informed of any changes to these GTUs. In such an event, if the User wishes to continue using the Service, the User agrees to read and agree to the new GTUs.

ARTICLE 10 - TERMINATION

10.1 Termination by the User
The User may terminate these GTUs at any time by uninstalling the App from his Device.

10.2 Termination by ORANGE
ORANGE is free to terminate the Service at any time. In this case, ORANGE will inform the User promptly before the Service is terminated.

ARTICLE 11 – PROVISIONS CONCERNING EVIDENCE

It is formally agreed that ORANGE and the User may communicate by electronic means for the purposes of the GTUs, provided that technical security measures are taken to ensure the confidentiality of the data exchanged.
ORANGE and the User agree that electronic exchanges between them represent validly the content of their exchanges and, where appropriate, their commitments.

ARTICLE 12 - ASSIGNMENT

The User shall not assign to a third party the rights or duties that he holds under these GTUs. In the event of any breach of this clause, in in addition to blocking the access, the responsibility of the User may be incurred based on the contents or other data displayed online or sent via his Application.

ARTICLE 13 - PERSONAL DATA

Orange only processes data that is relevant and necessary for the intended purpose, which is to allow you to detect, block and report unwanted calls, identify unknown numbers or even be informed of the prices of calls to premium rate numbers.

For more information on personal data management and your rights, click here https://orange-telephone.com/en/privacy-protection-ios.

ARTICLE 14 - INTELLECTUAL PROPERTY

14.1 Service
ORANGE is and remains the owner of its Service, Application, software, software applications, charts, trademarks, logos, designs, technologies, software, databases and content made available to Users.
The User acknowledges that he does not acquire any intellectual property rights on elements belonging to ORANGE. It is also forbidden to use them in a context other than that exclusively provided for in these GTUs.
All upgrades, updates, derivatives, developments, created or developed by ORANGE in connection with the Service are and will remain the property of ORANGE, and the User acknowledges and formally agrees that any contribution in the form of services, suggestions, ideas, reports, identification or defects, the expenses or any other contribution made by the User, does not confer any right, title or interest on any of the items or components of the Service.

14.3 License to use
Subject to the terms and conditions of this GTU, ORANGE grants the User a non-exclusive, non-transferable, limited license-free license to reproduce and use the complete and unmodified Application on his Device for the sole purpose of using the Service.

This permission does not allow the User to access or use source code for the Application and / or software components of the Application.

The User shall not:

ARTICLE 15 – APPLICABLE LAW - GENERAL PROVISIONS

If one or more provisions of this contract are found invalid or are declared as such by law or regulation or as a result of a court ruling issued by a relevant court authority, the other provisions shall remain fully in force.
Provisions declared null and invalid shall then be replaced by provisions as close as possible to the content of the provisions originally agreed upon.
ORANGE and the User will not be held responsible or considered as having breached these GTUs in the event of any delay or failure to perform if the cause of the delay or failure to perform is due to a force majeure event as defined by the case law of French courts.
Unless otherwise provided by the applicable law, GTUs between Users and ORANGE are subject to French law.
Any dispute or claim under these GTUs between Users and ORANGE, or breach, termination or invalidity hereof, shall be brought exclusively to courts or relevant jurisdiction.

ARTICLE 16 - CONTACT DETAILS – COMPLAINTS

Any complaint or dispute regarding the Application or the Service shall be notified by e-mail through the ‘Help / Contact us’ menu of the Application.
The foregoing provisions do not preclude the User’s right to bring his claim against ORANGE to Court.

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