O2 Ask Terms and Conditions - 21 Aug 2018

1. The O2 Ask application (the "App") is available via a mobile application or a supported web browser to O2 Pay Monthly customers with only one mobile services subscription (excluding Mobile Broadband customers) only. You must be over 18 to use the Service and the App. These terms are the terms and conditions of the O2 Ask service (the “Service”) and by registering for the Service, using the App and/or continuing to remain registered for the Service and the App in the event We notify you of a change to these terms, you confirm that you're happy to accept and abide by these terms.
2. In these terms "We", or "O2" means Telefónica UK Limited of 260 Bath Road, Slough SL1 4DX, registered in England and Wales under Company number 1743099 and VAT number GB 778 6037 85. Telefónica UK Limited is authorised and regulated by the Financial Conduct Authority (Reference Number 718822). "You" or “your” means you, the customer of the Services and the App who is subject to these terms, which includes any person that we reasonably believe is acting with your authority.

The Services and the App

3. The Service and App lets you (subject to terms of your mobile services agreement with O2 including the tariff you are on):
   1. make calls over the Internet to: (i) standard UK landlines, and (ii) numbers allocated to mobile network operators that provide mobile services with substantial national coverage in the UK. You cannot make calls over the Internet using the App to any destination outside of the UK nor can you call premium rate numbers;
   2. send and receive SMS over the Internet to numbers allocated to mobile network operators that provide mobile services with substantial national coverage in the UK. You cannot send or receive SMS over the Internet using the App to any destination outside of the UK nor can you send premium rate SMS or use Charge to Mobile or other direct to bill services;
   3. make and receive calls and share instant messages with other App users over the Internet, with this instant messaging including the following functionalities: (i) one-to-one messaging, (ii) group messaging, (iii) shared location, (iv) multimedia content, and (v) voice notes;
   4. report customer services issues through Aura. Aura is not intended to be a replacement for O2’s customer service and not all customer service functionality is possible through the App. To speak to O2’s customer service team please see https://www.o2.co.uk/contactus ; and
   5. view and manage information relating to your mobile services agreement with O2 which includes: (i) seeing a fully itemised bill, (ii) see who you've been calling and texting by name, (iii) check your itemised recent charges since your last bill (iv) getting six months of detailed bill history, (v) getting notifications to let you know when you're running low on minutes, messages and data, (vi) paying your bill quickly, using our secure card wallet – just tick a box and card wallet remembers your card details for next time, (vii) changing your billing address, (viii) changing your tariff, (ix) checking your Device Plan if you’re on O2 Refresh, (x) checking your data allowance and add Bolt Ons, and (xi) checking your upgrade options and completing an upgrade.
4. O2 may modify the available destinations relevant to the App and Service at any time when necessary for technical, business and/or strategic reasons. O2 may include and/or exclude any network, country, geographic area and/or numbering ranges. These calls and/or SMS may also have certain specific restrictions based on the network and/or geographical area of destination or origin.
5. Making, receiving, or sending calls, SMS or messaging via the Service and App could be affected by multiple factors not related to O2, such as the WiFi network that you’re connected to, your location, the type of device used, the existence of specific restrictions in the network and/or country in which you are located, and even, your battery level.
6. Certain features which you can usually enjoy with our standard mobile network, such as call forwarding or waiting tones may not work, or may work differently, in the App. In addition some device features set by your device manufacturer may not be supported by the App, for example ‘do not disturb’ modes.
7. The App makes use of your existing voicemail functionality, this means that if you dial 901 through the App you can pick up your voicemail as usual. The App does not include visual voicemail.
8. The App does not support calls from smartphones to all numbers over Wi-Fi and the App cannot be used to call premium rate numbers, send premium rate SMS, or make purchases via Charge to Mobile or other direct to bill services.
9. O2 may implement mechanisms and artificial intelligence tools in the App to provide automated responses to queries raised through Aura. As a result these responses may not be fully consistent, accurate or correct.
10. The Aura element of the App and Services is enabled by Microsoft, through Microsoft Cognitive Services and a set of web services that enable intelligent connections and services using the conversation channels you authorise. As a service provider to O2, Microsoft will participate in the transmission of the information that you provide to Aura and the information that Aura will generate in response. For more information about Microsoft's privacy policies, see their privacy statement here. In addition, your interactions with Aura are also subject to these T&Cs. To inform Microsoft of an abuse when using a Bot, visit the website https://www.microsoft.com/cognitiveservices and use the "Report Abuse" link on the menu, or contact Microsoft through the following email electronic: bfreports@microsoft.com.

Emergency calls

11. The App is not a replacement for your mobile phone. Whilst you can make emergency calls to 999 and 112 from the App, we cannot provide an accurate location to emergency services and as result we recommend using the mobile network if available (and not the App) when making emergency calls. Therefore when you dial 999 or 112 from the App, the App will close and the call will be attempted over the O2 mobile network. From iPhones, emergency calls will also be placed over the mobile network after clicking 'Yes' on the 'Switch call to GSM' pop-up. This ensures that we can provide an accurate location to the emergency services.
12. If you are using the App on a cellular device which is out of signal and you are trying to make an emergency call, the App will close and the call will be attempted over the O2 mobile network. As you are out of mobile signal this call will not connect.
13. If you are using App on a non-cellular device e.g. a tablet or other device that can’t make GSM calls, you will still be able to call 999 if you have available data credit, or are using WiFi, however as an accurate location cannot be provided to the emergency services, we recommend you use the mobile network where possible to make emergency calls.
14. When calling emergency services using the App outside of the UK you will be directed to the emergency services in the UK and you will not be directed to the emergency services in the country where you are. In order to speak to emergency services when outside of the UK, please use an available mobile network.

Using the Service and the App

15. To register for the Service and the App you must pass a security validation (which will be an SMS one time activation code) and sign-in with your My O2 details if you don’t have My O2 details, you’ll be asked to create them. We may request additional information from you which are necessary if you want to use certain functions with the Services and App. You may also be asked to provide information to complete your App account or enable you to use certain functions (i.e. your profile photo, email, or shared location). This information will be available and can be modified through the App. The App cannot be shared, and may only be used by the individual who is the account holder for the relevant O2 mobile phone number. O2 may implement additional security checks in relation to the Services and App from time to time and your continued use of the Services and App is subject to you passing these checks.
16. You may synchronize your contacts and call log of your device with the App in order to have them always available in the App and to facilitate the use of the Services and App.
17. As soon as you register and begin using the App, the Services will store records of your calls, SMS, instant messages, and other interactions with the App ("Communications Information"). Your Communications Information will be deleted from your version of the App when you delete the messages via the App or completely delete your account or if we terminate your account in accordance with paragraph 22 below. Just deleting the App from your device, or closing your web browser, will not delete the Communications Information. Note also that deleting Communications Information on your version of the App will not result in the Communications Information being deleted from the App of the person you have been communicating with. Please see paragraph 19 below on how to de-provision your account to ensure all Communications Information is deleted.
18. You may delete Communications Information from your timeline on the App. Deleting from your timeline will not delete Communications Information on your device but will delete it from the App.
19. Deleting the App will not automatically erase the Communications Information stored on it unless you take appropriate steps to de-provision your account. You can de-provision your account by speaking to customer services.
20. It is your responsibility to ensure that private or sensitive information is deleted from the App and from your timelines. If you are using the App via a web browser, you are responsible for keeping your information safe, particularly if you are using a shared or public computer. O2 is not responsible for any information that is not appropriately safeguarded by you or correctly deleted from the App in accordance with these terms.
21. The Service is only available, if, having downloaded the App you enter a valid mobile phone number and required details, and then use the App on a compatible device with a compatible operating system or on a supported web browser. To find out if you have a compatible device visit: www.o2.co.uk/o2-ask.
22. If you terminate your mobile services agreement with O2, or are in breach of these terms or your mobile services agreement with O2, your access of the Service and the App will be terminated and your account and the information contained in it will be deleted.
23. A reasonable time after you are no longer an O2 customer or your account is inactive for a significant length of time, your account and data may be deleted from our servers. If appropriate, we’ll notify you before this deletion by contacting you on the number you registered. If We don’t hear back, your account and the information contained in it will be deleted.
24. You will be responsible for updating your App from time to time.
25. If you use the App to make a call on Wi-Fi and then leave the area of Wi-Fi coverage (or move onto another Wi-Fi service during the call) then the call will drop. Calls will not transfer between Wi-Fi and your cellular network if you leave Wi-Fi coverage (or visa-versa). Calls may stay connected for up to one minute after you have lost the Wi-Fi connection. Remember that communications made through public Wi-Fi networks may not be secure. For this reason, you should only use the Services and App on secure and password protected networks. Calls made over Wi-Fi are not secure or encrypted.
26. You must not use the Services or the App:
    1. for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code.
    2. for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
    3. to send, receive, upload, download, use or reuse any material that is illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, derogatory, obscene, menacing, or otherwise objectionable;
    4. to harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties;
    5. for business, commercial or unreasonable use;
    6. in any way that breaches copyright, trademark, confidence, privacy or infringes the intellectual property rights of others;
    7. in any way that causes, or is likely to cause, the Services or App or access to the Services or App to be interrupted, damaged or impaired in any way;
    8. to initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons; or
    9. via a Gateway so that the Service or App is provided via the Gateway to third parties.
    If you do, We might have to block your use of the Services or the App.
27. O2 is not responsible for reviewing or controlling the content transmitted or shared through the Services or the App. You are responsible for the use you decide to make of the Services or the App and you should make sure that such use does not infringe the rights of third parties.
28. O2 shall have no liability for any decrease in device functionality as a result of your use of the Service or the App.
29. The App is for person to person communications only. Certain automated messages (e.g. PIN automated bank codes) may not be sent to your App.
30. You are responsible for keeping your App password and log in details secure. Do not share these details and keep them safe. It is your responsibility to ensure that your device is secure and not accessible to others. O2 is not responsible for any losses or charges incurred by you as a result of your failure to keep your devices secure. We do not recommend that you download and activate the App on a device that is shared.
31. The App provides a functionality that allows you to view and manage an access log of open sessions on your accounts, as well as the devices used. This function helps you close sessions and avoid unauthorized access to your account.

Charges

32. There is no monthly or other subscription charge associated with the App or Service, however you will be charged in accordance with your existing tariff rates for making calls or sending text messages as set out under paragraphs 3.a and 3.b above, or using mobile data. In addition, the App uses data (whether it be mobile or Wi-Fi) to run, which includes the use of data for the functions set out in paragraph 3 above, which will be charged in accordance with your internet service provider or mobile data contract. You may have a limited amount of monthly data from your internet service provider so be careful that you don't run up extra costs that you're not expecting. For clarity, you are charged separately for each individual element of using the Service and App; the call, the text message, and the data usage.

Liability

33. O2 don't represent or warrant that the Service or the App is free of inaccuracies, errors, delays, bugs or interruptions. We can't promise that the Service or the App will be free from interruptions or that the Service or the App is reliable, of a certain quality, accurate, complete or otherwise valid.
34. The Service and App are provided with the reasonable care and skill of a developer of free-of charge apps developing to allow use across multiple operating systems and devices and with functionality that will vary as a result. Other than this and as required by statute it is provided "as is" with no warranty, express or implied, of any kind and O2 expressly disclaims any and all warranties of fitness for purpose, availability, storage of data, security, title and/or non-infringement. You use the Service and the App at your own discretion and risk. This does not affect your statutory rights.
35. O2 will not be responsible for the damages and losses, lost profit or any other damage arising from your use of the Services or the App. While you can block access to the App from any device, O2 is not responsible for charges incurred due to using lost or stolen devices.
36. O2 are not responsible for any loss or damage to your messages, contacts and call history which arises as a result of your use of the Service or the App.

Data and communications

37. You are responsible for ensuring that any data or information provided by you to O2 in relation to the Services or the App is correct and up to date. O2 accepts no liability which flows from incorrect or out of date information provided by you.
38. Your information is treated in accordance with O2’s Privacy Policy, which can be viewed at www.o2.co.uk/termsandconditions/privacy-policy. This includes details of how to contact the ‘Data Controller’s office’ with any queries you may have and information relating to the type of data O2 uses as part of the Services and App.
39. The web-based version of the App uses cookies to improve your user experience. You can change your browser settings to restrict, block or delete cookies if you want.
40. You agree to receiving messages from time to time about O2 products and services, including SMS. SMS and email marketing will offer you with an option to unsubscribe from messages. Some machine-generated messages will be delivered to all of the devices on which you have installed or viewed the App. To stop in-app notifications, you can amend the settings for the app on your device.

Intellectual property rights

41. The Services and App, and features within the Services and App, may be protected by intellectual property rights belonging to O2, its licensors or to third parties. No licence is granted to you in respect of any such rights, except to the extent required for your personal use of the Services and App in accordance with these terms. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the features, materials or content of the Services or App.
42. O2, O2 Ask and any other O2 product or service name are trade marks of O2 and its group of companies and you shall not be entitled to reproduce such marks without O2’s prior written consent.
43. Whilst you retain all rights to the content you generate or send through the App, you grant O2 a non-exclusive, royalty free worldwide license or the duration you are a user of the App, to reproduce and adapt such content to the technical needs of the App and/or O2.

General

44. All suggestions and comments made by you to O2 in relation to the Services or App may be taken into account, implemented or adapted by O2 without you generating any rights over of these suggestions, comments or any resulting updates, advancements or amendments to the Services or the App.
45. O2 reserves the right to amend, terminate or suspend the Service or the App at any time.
46. We can make reasonable changes to these terms at any time. All changes will be posted on https://www.o2.co.uk/termsandconditions/other-products-and-services/o2-ask. Please check regularly for updates. If we change these terms to your material detriment (in our reasonable opinion) we'll give you 30 days' notice before the changes take place.
47. All notices and/or communications that must be made under these terms, may be made: (i) to you: by any means, including, electronic mail, to the email account given you, through the App, by letter, to your address, or by SMS (ii) to O2: by calling 202 from your O2 device or 0344 8090202.
48. These terms are governed by English law and are subject to the exclusive jurisdiction of the English courts, which both you and We submit to.