Chat Messaging on O2 – Terms and Conditions of Use

1. Chat Messaging is a Supplementary Service as defined in our standard terms and conditions for O2 Pay Monthly Mobile services (the “Pay Monthly Mobile Agreement”) available here. The Pay Monthly Mobile Agreement shall also apply to the Chat Messaging service. In addition to the Pay Monthly Mobile Agreement, these terms are the terms and conditions of use for the Chat Messaging on O2 RCS messaging service (the “Service”) and by using the Service and/or continuing to use the Service, You confirm that you accept and will abide by these terms and any changes to these terms. These terms and conditions will form part of your O2 customer contract once an eligible request for Chat Messaging has been accepted by us.

2. In these terms:
a. "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 386 4146 72. Telefónica UK Limited is authorised and regulated by the Financial Conduct Authority (Reference Number 718822); and
b. "You" or “your” means you, the customer of the Service who is subject to these terms, which includes any person that we reasonably believe is acting with your authority.

The Service

3. The Service is a messaging service for all Android 5.0 or later users that allows You to:
a. send and receive text messages, pictures, videos, locations, contacts and files;
b. have group conversations;
c. see who is currently typing and when a message has been sent, delivered and read;
d. send and receive rich communication with businesses without the need for another app over our mobile network or compatible Wifi connections;

4. The Service is variable in nature and is only available over the internet (through our mobile network or other internet connection), therefore, if You are not connected to the internet or if any communication cannot be sent using the Service, your phone will revert to SMS or MMS and You will be
charged in accordance with your Pay Monthly Mobile Agreement with us which may include being charges at our standard rates, see o2.co.uk/termsandconditions/mobile. Your contacts must also have a Rich Communication Services (“RCS”) compatible phone and operating system and have data enabled to receive any communications sent by You through the Service.

5. The Service could be affected by multiple factors not related to O2 and outside of our control, such as the WiFi network that you’re connected to, your location, the type of phone used, the existence of specific restrictions in the network and/or country in which you are located, and even, your battery
level.

6. Each group participant has to be connected to the internet with a RCS service and have compatible application installed on their phone.

7. We may upgrade or update the Service from time to time. The Service is also variable by its nature and the content and services you receive via the Service may change from time to time. We will notify you of changes to the Service in accordance with the Pay Monthly Mobile Agreement. Please refer to the Pay Monthly Mobile Agreement for more details on our rights to vary the Service and (if applicable) your rights to cancel.

Using the Service

8. To use the Service You need to have an RCS compatible application installed and enabled on your phone and an active mobile subscription with O2. Examples of supported applications can be found here o2.co.uk/help/digital-services/chat-messaging. The Service does not work with all phones so you will need to check that your phone is compatible with the Service. If both You and your message recipient have the Service and an RCS compatible app, your messages will be sent over mobile data or your WiFi connection. If your recipient does not have an RCS compatible app your messages may be sent as per your SMS or MMS and will charged at the rate associated with your tariff. Your RCS compatible app sets what to do in these circumstances and you must familiarise yourself with the settings available. Help with these settings is available here o2.co.uk/help/digital-services/chat-messaging however O2 are not responsible for your application configuration. You must have an active subscription with O2 to use Chat Messaging. If your SIM becomes inactive for any reason, we will terminate the Service. Chat Messaging will resume once your SIM becomes active again.

9. Chat Messaging is not compatible with the Hosted Mobile Recording Service. If you are a Hosted Mobile Recording Service User, in order to continue to receive the Hosted Mobile Recording Service, You must ensure that you do not enable Chat Messaging on your device.

10. As soon as You begin using the Service, it will store records of your interactions with the Service ("Communications Information"). Your Communications Information will be deleted from your version of the Service in accordance with our data retention policy which can be found here: o2.co.uk/termsandconditions/privacy-policy.

11. 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 will be terminated.

12. 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.

13. You will be responsible for updating your RCS compatible application from time to time. Where an application or device is outdated, we may be unable to provide the Service to you and you will not have a right to cancel your agreement for your core services a result of such a change.

14. You must not use the Service:
a. for any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;
b. for unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
c. 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;
d. 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;
e. for business, commercial or unreasonable use;
f. in any way that breaches copyright, trademark, confidence, privacy or infringes the intellectual property rights of others;
g. in any way that causes, or is likely to cause, the Service or access to the Service to be interrupted, damaged or impaired in any way;
h. to initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons; or
i. via a Gateway so that the Service is provided via the Gateway to third parties.

If You do, We might have to block your use of the Service.

15. O2 is not responsible for reviewing or controlling the content transmitted or shared through the Service. You are responsible for the use You decide to make of the Service and You should make sure that such use does not infringe the rights of third parties.

16. O2 shall have no liability for any decrease in phone functionality as a result of your use of the Service.

17. You can disable Chat Messaging via your RCS compatible appt at any time. If you disable Chat Messaging you will lose access to any groups you are in and your contacts will no longer be able to send you Chat messages.

Charges

18. There is no monthly or other subscription charge associated with the Service. The Service uses data (whether it be mobile or Wi-Fi) to run and therefore will use your data allowance and will be charged in accordance with your internet service provider or mobile data
contract. You may have a limited amount of monthly data so be careful that you don't run up extra costs that you're not expecting.

19. Chat Messaging works when you are roaming, standard roaming data rates apply.

Liability

20. The Service is variable in nature and O2 does not represent or warrant that the Service is free of inaccuracies, errors, delays, bugs or interruptions. We can't promise that the Service will be free from interruptions or that the Service is reliable, of a certain quality, accurate, complete or otherwise valid.

21. The Service is provided with the reasonable care and skill of a network operator to allow use across multiple operating systems and phones 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 at your own discretion and risk. This does not affect your statutory rights.

22. You agree we have no responsibility for the deletion, loss or corruption of any content transmitted through the Service, unless we are negligent.

23. O2 will not be responsible for the damages and losses, lost profit or any other damage arising from your use of the Service. While you can disable the Service from any phone, O2 is not responsible for charges incurred due to using lost or stolen phones.

24. 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.

25. Nothing in these terms will exclude or restrict the liability of either You or us for any liability that can't be excluded or restricted by law.

Data and communications

26. For the purposes of the information collected as part of the Service, O2 is the controller as defined in the General Data Protection Regulation 2016/679 (“GDPR”).

27. You are responsible for ensuring that any information provided by you to O2 in relation to the Service is correct and up to date. O2 accepts no liability which flows from incorrect or out of date information provided by you.

28. Your information is treated in accordance with O2’s Privacy Policy, which can be viewed at o2.co.uk/termsandconditions/privacy-policy. This includes details of how to exercise your data subject rights and how to contact our data protection officer with any queries you may
have relating to the Service.

29. To allow Chat Messaging to work we require the use of information related to your mobile phone service such as your mobile phone number will be sharing with our suppliers in order to provide you with the Service.

Intellectual property rights

30. The Service and features within the Service, 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 Service 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 Service.

31. O2 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.

32. Whilst You retain all rights to the content you generate or send using the Service, you grant O2 a non-exclusive, royalty free worldwide license for the duration you are a user of the Service, to reproduce and adapt such content to the technical needs of the Service and/or
O2.

General

33. All suggestions and comments made by you to O2 in relation to the Service 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 Service.

34. Subject to paragraph 8 of the Pay Monthly Mobile Agreement, 02 reserves the right to make changes to these terms and / or amend, terminate or suspend the Service at any time.

35. Please refer to the Pay Monthly Mobile Agreement for more details on our rights to vary and (if applicable) your rights to cancel.

36. All notices and/or communications that must be made under these terms, will be made in accordance with the Pay Monthly Mobile Agreement.

37. 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.