O2 App Recommendations

END USER LICENCE AGREEMENT (“EULA”) 

IMPORTANT PLEASE READ THIS EULA CAREFULLY BEFORE USING THE SERVICE AS IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN USING THE SERVICE.

THIS EULA CONSITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND TELEFONICA UK LIMITED AND YOU CAN ACCESS THIS EULA, AS WELL AS OTHER TERMS AND CONDITIONS REGARDING YOUR O2 SERVICES, ON OUR WEBSITE AT WWW.O2.CO.UK/TERMSANDCONDITIONS/MOBILE 

1. WHO WE ARE AND HOW TO CONTACT US 

In these terms "We", or "O2" means Telefónica UK Limited of 500 Brook Drive, Reading, Berkshire, RG2 6UU, United Kingdom, registered in England and Wales under Company number 1743099 and VAT number GB 386 4146 72. Telefónica UK Limited is authorised and regulated by the Financial Conduct Authority (Reference Number 718822). "You" or “your” means you, the customer of the Service and the App who is subject to these terms, which includes any person that we reasonably believe is acting with your authority (including using your account). 

To contact us, visit o2.co.uk/contactus on our website.  

2. WHAT THIS EULA DOES 

This EULA is a legal agreement between you and O2. This EULA provides you with a licence to use the App Wizard mobile application software (an app that recommends certain applications that you can download onto your device).  

The App Wizard is owned and operated by Digital Turbine USA, Inc. and licensed to O2. The App Wizard is therefore made available to you by O2, its affiliates and third party suppliers (referred to as the “Service”) in accordance with the terms of this EULA and any terms or policies referred to within it.  

Accepting this EULA  

Please read this EULA carefully. By selecting “continue” you agree to the terms of this EULA which will bind you. If you do not agree to this EULA in its entirety, you should not use the Service and follow the steps set out at paragraph 5 below.  

Changes to this EULA 

We may need to change this EULA to reflect changes in law or best practice or to deal with additional features which we introduce. The updated EULA will be available on our website. You will be deemed to accept such changes from your continued use of the Service.  

If this EULA changes and you do not agree to the change, you must stop using the Service. 

3. THE SERVICE 

The Service provides application recommendations (such applications made available to you by O2 or third parties) for you to select and download onto your device (referred to as “Recommended Applications”). The Service is currently made available to you free of charge for your personal, non-commercial use.  

You may choose which of the Recommended Applications to download and install onto your device by checking the corresponding box(es) (referred to as “Downloaded Application(s)”).  

Please note that the choice of Recommended Applications presented to you may or may not be suitable or appropriate for your circumstances and you are solely responsible for your selection. 

Each Downloaded Application is licensed to you by either a third party application provider or O2 (referred to as “Application Provider(s)”) through separate agreements that will be made available to you once you access the Downloaded Application.   

Your downloading and use of any Downloaded Application is also subject to Google Play’s Terms of Service, if downloaded via the Google Play Store, which prevail over any conflicting terms of this EULA.  

4. SERVICE REQUIREMENTS 

The App Wizard requires an Android operating system, and you must be 18 years or over to accept this EULA. 

5. IF YOU DO NOT WISH TO USE THE SERVICE  

If you do not wish to download or install any of the Recommended Applications you should either: 

1. click on 'Remind me' (in which case we will send you notifications at a later date to remind you of your option to choose and download Recommended Applications). You can disable these notifications at any time from your device settings; or  

2. refrain from checking any of the boxes and click on 'Skip' and continuing with your mobile set up. 

You may uninstall any Downloaded Applications which have been installed through the Service from your device settings at any time.  

6. IF SOMEONE ELSE OWNS THE DEVICE YOU ARE USING 

If you access the Service on a device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with this EULA, whether or not you own the device. 

7. CHARGES  

The Service is provided free of charge but does not include the download price of each Recommended Application (which will be determined by the Application Provider) and does not include the consumption of the mobile data when using the Service or when downloading or using the Downloaded Applications. 

8. OUR RIGHTS AND INTELLECTUAL PROPERTY 

All intellectual property rights in the Service and Downloaded Applications belong to us, our affiliates, our licensor(s) or the Application Providers. The rights in the Service are licensed (not sold) to you.  

As such, you have no intellectual property rights in, or to, the Service other than the right to use them in accordance with this EULA. 

9. THIRD PARTY APPLICATIONS 

You and (as applicable) O2, or the relevant Application Provider, acknowledge that your licence of any Downloaded Application accessed through the Service is governed by a separate agreement between you and the relevant Application Provider.  

As such, the Application Provider, is solely responsible for (a) the licensed third party application, (b) the content, services, advertisements and functionalities therein, (c) any warranties provided, and (d) any claims you may have relating to or your use of such Downloaded Application.  

You acknowledge that, where the Application Provider is a third party (and not O2):  

1. we are acting solely as a distributor in providing the third party application to you; 

2. the use of the Downloaded Application, services and contents may be governed by such Application Provider’s licence agreement, privacy policy, or other such agreement and we are not party to such agreements;   

3. we are not responsible for the Downloaded Application (including its functions, features, compatibility or availability and including any sites or services accessible through it) or any warranties or claims you may have relating to or your use of the Downloaded Application and you agree that you will not involve us in any dispute between you and a third party; and  certain portions of the Service may be subject to open source licences, in which the terms of such open source licences may precede the terms of this EULA with respect to that portion of the Service. Please see paragraph 19 of this EULA for links to the relevant open source licences. 

10. RESTRICTIONS ON USE 

Except as expressly set out in this EULA or as permitted by any local law, you must not: 

1. use the Service for any commercial purpose; 

2. copy the Service except where such copying is incidental to normal use of the Service, or where it is necessary for the purpose of back-up or operational security; 

3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Service; 

4. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or algorithms of the Service; 

5. modify or disable any features of the Service;  

6. create derivative works based on the Service;  

7. rent, lease, lend, sublicense or provide commercial hosting services with the Service;  

8. infringe our intellectual property rights or those of any third party in relation to your use of the Service (to the extent that such use is not licensed by this EULA);  

9. use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Service or any operating system;  

10. use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and  

11. collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service. 

11. UPDATES AND CHANGES TO THE SERVICE 

From time to time we may automatically update and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App Wizard for these reasons (referred to as “Updates”).  

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Service. 

Updates will be governed by this EULA unless separate terms and conditions are provided with such Updates, in which case the separate terms and conditions shall govern the Updates.  

12. RESTRICTING OR BARRING ACCESS 

We expressly reserve the right to suspend, remove, limit the use of or disable access to the Service at any time. 

13. THIRD PARTY LICENCES 

The App Wizard and/or Service may contain certain open source software components, of which we are required to provide to you certain information. We have set that information out in a table at the end of this EULA.   

14. DATA PROTECTION 

O2 processes your personal data lawfully and securely in accordance with our Privacy Policy. To enable you to access and use the App Wizard, we need to process information about your device and how you use and interact with the App Wizard.  

Specifically, we use an identifying code provided by your device’s Android operating system to help us to understand your preferences and to tailor your interactions with the App Wizard. This includes, for example, helping us to troubleshoot, to understand how many individuals use the App Wizard, and to understand what applications are downloaded. This identifying code (sometimes known as the Android Advertising ID) may be associated with other device identifiers (for example, International Mobile Equipment Identity (IMEI), IP address (truncated), International Mobile Subscriber Identity (IMSI), Mobile Directory Number (MDN), device information, network operator name, and sim operator name). To the extent that this information is personal data, we rely on our legitimate business purposes for reporting and troubleshooting purposes and to manage our relationship with the operator of the App Wizard.  

To enable you to access the App Wizard and to the extent that we need to comply with the privacy rules relating to accessing the identifying code, we rely on your consent, which we request during your initial set-up of the App Wizard.  If you do not consent to this, please do not install the App Wizard or use the Service (see Section 5 “If You Do Not Wish To Use The Service”). 

We may also send you notifications relevant to the App Wizard, concerning our recommendations for applications. We also rely on your consent for this, which we request during your initial set-up of the App Wizard.  You may withdraw this consent at any time by disabling the notifications from App Wizard. You can turn off notification directly from any notification served or via your device’s System Apps Manager (under Settings – Apps – System Apps Manager). If you no longer wish to use the App Wizard, you can disable it from your device by visiting your device’s Settings and selecting the app then disabling. 

The App Wizard includes links to third-party applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party applications and are not responsible for their privacy policies.  

For more information on how we use your personal data to provide this service, please refer to our Privacy Policy and Cookie Policy (link to be added).  

15. TERMINATION 

This EULA is effective until you cease to use the Service. Terminating the Service will not terminate the Downloaded Applications that you have downloaded through the Service or any accounts you may have created with the publishers of the Downloaded Applications.  

We reserve the right, at our sole discretion, to modify, terminate or discontinue the Service, at any time and without prior notice. We may terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you (including if you break the terms of this EULA, as explained at paragraph 17).  

On termination for any reason all rights granted to you under this EULA shall end and you must immediately cease all use of the Service. 

16. OUR LIABILITY TO YOU  

The use of the Service is at your own risk. The App Wizard is provided on an “as is” and “as available” basis, except as required by law. O2 gives no warranty, express or implied, as to the quality, content,uptime and availability of the App Wizard. 

The Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the Service (as described in this EULA) meet your requirements. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

In no event shall O2 (or its affiliates, directors, employees or licensors) be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising from your use of the App Wizard or the Service, or any errors, viruses or bugs contained in the App Wizard, even if you have advised us of the possibility of such loss.  

Your only right or remedy with respect to any problems or dissatisfaction you have with the Service is to disable the App Wizard or stop using it.  

You agree to reimburse and hold O2 and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your breach of this EULA or your violation of any laws, regulations or third party rights in relation to your use of the App Wizard.  

The Service is provided for domestic and private use. If you use the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

We do not restrict or exclude any legal rights and remedies available to you as a consumer in relation to the Service. For information on these rights and remedies please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06. 

17. WE MAY END YOUR RIGHTS TO USE THE SERVICE IF YOU BREAK THIS EULA 

We may end your rights to use the Service at any time by contacting you if you have broken the terms of this EULA in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. 

18. WHICH LAWS APPLY TO OUR CONTRACT WITH YOU AND WHERE YOU MAY BRING LEGAL PROCEEDINGS 

The terms of this EULA are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in. 

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in this EULA, including this clause, affects your rights as a consumer to rely on such mandatory provisions of local law.  

19. OTHER IMPORTANT TERMS  

No rights for third parties. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. 

We may transfer our rights and obligations under this EULA to someone else. If we transfer our rights and obligations to someone else this will not affect your rights or our obligations under this EULA. 

Even if we delay in enforcing this contract we can still enforce it later. Failure by either you or us to enforce any rights under this EULA shall not prevent either you or us in taking further action. 

If a court or other authority decides that some of the terms of this EULA are unlawful, the remaining terms will continue to apply.