ORANGE CAMARA APIS IN BETA VERSION
Terms & Conditions
The first Orange Camara APIs are available in Beta version at Orange Labs and available on the Orange
Developer Website pages related to Camara APIs (the “Beta APIs”).
These terms and conditions constitute the agreement applicable between Orange and the User in
respect of the latter’s use of any Beta APIs (the “Terms”).
To use a Beta API, the User must first agree to be bound with full and unreserved acceptance by
these Terms. Individuals agreeing to the Terms on behalf of a company, organisation, or legal
entity represent and warrant that they have the right and authority to act in the name and behalf
of such company, organisation, or legal entity, to bind such company, organisation, or legal
entity to the Terms, and to perform fully the obligations under these Terms.
1. Definitions:
API Client means the website(s) and/or application(s) in connection with which the User uses the Beta
APIs.
Confidential Information has the meaning set forth under Article 7.
Feedback has the meaning set forth under Article 6.3.
Orange means Orange SA a ‘société anonyme’ (the French equivalent of a UK ‘public limited company’
or a US ‘public corporation’), with share capital of 10 640 226 396 €, registered with the Nanterre
Commercial Trade and Companies Registry under the number 380 129 866, having its registered office
at 111, quai du Président Roosevelt, 92130 Issy-les-Moulineaux, France (VAT registered: FR 89
380 129 866).
Orange Developer Website means the Orange website used to distribute and manage the Beta APIs.
Orange Marks means the trade and service marks owned and managed, in France and abroad, directly
or indirectly by Orange.
Personal Data means any information relating to an identified or identifiable natural person ("data
subject") such as an individual’s name, social security number, financial account numbers (e.g. credit or
debit card number or bank account information), account passwords and passcodes, driver’s license
and/or government-issued identification number, mother’s maiden name and healthcare records. An
identifiable person is one who can be identified, directly or indirectly, in particular via an identification
number or one or more factors specific to their physical, physiological, mental, economic, cultural or
social identity.
Private Key(s) means the User’s Orange Developer Website account password and any API key (Client
ID and Client secret) provided to allow the API Client to access a Beta API.
Test means the evaluation of the integration of the Beta APIs proposed by Orange in the User’s own
web or mobile application.
User means:
- an individual acting for themselves and on their own behalf, or
- a company, organisation, or legal entity and any individual logging in to an Orange Developer
Website account created by Orange upon request of such company, organisation, or legal entity
to
access to the Beta APIs, it being specified that the User can act as
(i) editor, developer and/or distributor of the API Client or (ii)
aggregator or distributor of Orange API(s).
2. Registration:
2.1 The User may not use any Beta APIs and may not accept these Terms (i) unless the User is of
legal age to form a binding contract and (ii) if the User is barred from using or receiving Beta APIs under
the laws of any country.
2.2 In order to access Beta APIs, the User may be required to provide certain information relating
to themselves or to the individuals involved in the Test and acting for the User. The User agrees to keep
any information provided accurate and up to date for the duration of the Test.
2.3 The User agrees to treat their Orange Developer Website account and any Private Keys
associated with it as Confidential Information, and to use them only in accordance with these Terms and
as otherwise instructed by Orange. Therefore, the User represents and warrants that they will protect
such elements from unauthorised access, use, disclosure, alteration or destruction and will immediately
notify Orange in writing if they have any reason to believe there has been a compromise of any of their
Private Keys.
2.4 By submitting any information, whether personal or non-personal information (e.g. a description
of the User’s service or application) or material to Orange, the User grants Orange a restricted right to
use such information or material for the sole purpose of putting the User in contact with relevant people
at Orange. The User’s information or material will not be used for any other purposes and will remain
confidential within Orange. In the event that the User has the opportunity to work with Orange, any of
its Affiliates and/or business partners and wishes to use any services provided by Orange (including the
distribution of the User’s service or application), specific agreements will apply to such services and
suitable rights of use will be granted.
3. Provision and use of Beta APIs:
3.1 General principles
Orange offers to provide remote access to the resources of a private 4G network via the Beta APIs, one
or more 4G terminals (marketed or prototype models), and SIM cards operating on Orange’s 4G
network, terminals and SIM cards located on the premises of Orange (hereinafter collectively referred
to as the "Equipment").
The Equipment made available to the User by Orange for the duration of the Test is and remains the
property of Orange and/or the third party for which Orange holds the necessary rights to provide the
Equipment.
The User shall immediately notify Orange of any malfunction, breakdown and/or damage affecting the
Equipment as soon as it becomes aware of such, so that Orange can take the necessary steps to
remedy the situation.
The User is hereby informed that it is their responsibility to delete any data they may have deposited
during the Test on the various equipment they may have used.
3.2 Relationships between Orange and the User
The Terms shall in no way be interpreted as constituting a corporate act, an organization with legal
personality, a joint venture or a de facto partnership, each of Orange and the User retaining their full
and complete legal independence.
Neither Orange nor the User shall act in the name of and on behalf of the other. Orange and the User
shall remain solely responsible, in particular with respect to their own customers, actions, commitments,
products or services, and personnel.
3.3 Resources
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The User undertakes to ensure that they, their personnel or individuals involved in the performance of
the Test have the necessary qualifications and means.
The User undertakes to indicate to Orange the identity of any individual designated to use the Beta API
prior to their usage. Any significant change in the User’s personnel or individuals involved shall be
notified in writing to Orange.
3.4 Use of Beta APIs
Orange grants the User a limited right to use Beta APIs for the purpose set out in these Terms. Orange
retains all rights, ownership, interest in, and intellectual property rights related to Orange’s
implementation of the Beta APIs.
The User will use Beta APIs only as permitted by law.
The User will not perform actions with the intent of introducing into Orange networks, products or
services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
The User will only access (or attempt to access) a Beta API by the means described in the Terms and
the documentation governing that Beta API.
Orange may monitor, control and restrict the use of Beta APIs to ensure quality, improve its own products
or services, and verify the User’s compliance with these Terms.
Orange may at any time modify either the content of the Orange Developer Website or the contractual,
technical or access conditions of any Beta API (notably by modifying, deprecating or removing a Beta
API), after giving notice to the User at least 48 hours before the modification comes into effect.
4. Obligations of Orange:
Orange will be responsible for the following:
- providing remote access to the resources of a private 4G network via the Beta
APIs, including mobile phones and Sim cards;
- providing support to Users;
- providing Beta API documentation and access to Beta APIs (via Orange Developer).
5. Obligations of the User:
The User will be responsible for the following:
- creating the code to integrate the Beta APIs in their application;
- providing all necessary requirements needed by the application (Internet
access requirements IP/Ports/specific services);
- providing the required expertise to develop the application;
- using the provided Beta APIs fairly;
- providing Orange with Feedback about the Beta APIs, their documentation, use
case descriptions, the adequacy of the Beta API features for the use cases,
and testimonials.
6. Intellectual Property Rights
For the purpose herein,
- « Previous Knowledge » means any information, technical knowledge, Software, product or
process of any kind, know-how, whether protected by intellectual property rights, acquired, or
developed by either Orange or the User prior to the Test or independently of it.
- “Software” means any copyrighted computer program and its associated specifications and
documentation,
6.1 No development is planned between and by Orange and the User during the Test.
6.2 Orange and the User shall retain property of their own respective Previous Knowledge.
Nothing in this Agreement shall be interpreted as transferring property in any way.
6.3 The User will provide demonstration of the use cases, technical and functional feedback
on the Beta APIs, and suggestions to Orange during the Test ("Feedback"). Orange is
deemed authorised to use that Feedback without restriction and without obligation to
the User.
6.4 The User expressly acknowledges that they have no rights whatsoever, and in any
capacity whatsoever, over the Orange Marks which are the exclusive property of
Orange.
If the User wishes to use the Orange Marks in the context of a communication or in any
other context, the User undertakes to obtain the prior written consent of the owner of
the Orange Mark concerned.
7. Confidentiality
For the purpose herein:
“Affiliate” means an entity, directly or indirectly, controlling, controlled by, or under the same control as
a party, where “control” means ownership of at least 50% of the share capital of the entity in question.
« Confidential Information » means all information, of any type (such as data, ideas, concepts,
patents, trademarks, software, know-how, experiments, plans, drawings, models, designs,
specifications, meeting reports, code, any information concerning the Test or relating to the technology
implemented or evaluated for its realization) and of any nature (whether the information is of a technical,
commercial, financial, administrative or other nature), communicated in any type of form (written, oral or
visual) and whatever the support (paper, drawing, computer readable support, etc.), which is designated
as confidential by the disclosing party by any means (e.g. stamp, legend or other written indication) and
within a reasonable delay of its disclosure. In addition, any software and its associated source code
communicated by either the User or Orange for the purposes of the Test shall in any event be considered
as “Confidential Information”.
7.1 It is understood that each of Orange and the User undertakes to respect and ensure the
respect of the utmost confidentiality with regards to the Confidential Information
communicated to them by the other party, and not to make any use thereof outside the
execution of the Test without the authorization of the other party.
7.2 Each of Orange and the User agrees, in particular, that the Confidential Information
received from the other party:
(i) will not be disclosed, directly or indirectly, to any third party or to any person other than
its employees, legal representatives, directors and officers who need to know such
information for the performance of the Test, except with the prior written consent of the
other party. However, disclosure of Confidential Information to an Affiliate is not
considered as a breach of Article 7.2(i);
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(ii) will not be copied, reproduced or duplicated, in whole or in part, on the same or any
other support, when such copies, reproductions or duplicates have not been expressly,
previously and specifically authorized by the other party.
7.3 This obligation of confidentiality shall not apply to any information or material that a
receiving party is able to establish:
(i) was publicly available prior to the date of its disclosure, or would become publicly
available after the date of such disclosure, through no fault of the receiving party or
breach of the Terms;
(ii) it was already known to the receiving party at the time of the disclosure;
(iii) it was transmitted to the receiving party without breach of any obligation of
confidentiality by a third party in legitimate possession of the information;
(iv) is otherwise agreed, in writing, by Orange and the User to be no longer considered as
Confidential Information.
(v) it was obtained by the receiving party through independent developments undertaken
by its personnel without the use of confidential information received from the other party.
8. Responsibility
Orange and the User shall be liable for direct damages they cause to the other during the Test.
Accordingly, each of Orange and the User shall be liable for the financial consequences of any action
which may arise in this context.
Except for the provisions of the Article "Personal Data", Orange and the User are each bound by an
obligation of means in the execution of the Terms.
Except as otherwise provided in the Terms, Orange and the User waive any liability for consequential
damages such as, but not limited to, lost profits, loss of goodwill, business interruption.
9. Corporate Social Responsibility
Each of Orange and the User undertakes to comply, and to require its co-contractors, subcontractorsand any legal person under its control to comply with the applicable national, European and internationalrules on ethical standards and responsible behaviour, including but not limited to rules relating to human
rights, environmental protection, human health, human safety and sustainable development, the guiding
principles of the OECD, those of the United Nations and ILO standards (hereinafter referred to as the
"CSR Rules"). Within this framework, Orange and the User each undertake in particular, and require its
co-contractors, subcontractors and any legal person under its control, (i) not to resort to modern slavery,
child labor as defined by ILO-IPEC and trafficking in human beings and (ii) to combat all forms of
discrimination.
Furthermore, in accordance with French law n°2017-399 of 27 March 2017 relating to the duty of
vigilance of parent companies and ordering companies, Orange and the User each undertake not to
violate human rights, the health and safety of persons and the environment in the exercise of their
activities.
Orange and the User each undertake upon the first request to provide the other party with all information
and data necessary for the purposes of (i) complying with any legal reporting obligations and (ii)
implementing the CSR Rules.
To guarantee compliance with the CSR Rules throughout the duration of the Test, Orange and the User
each undertake to comply at any time with requests from either Orange or the User to obtain from the
other party all the elements justifying its compliance with the CSR Rules. Orange and the User each
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undertake to notify promptly the other party of any violation of the CSR Rules of which it becomes aware,
and the latter shall implement all appropriate means to remedy such violation as soon as possible and
to inform the party which notified the breach of the violation of the corrective actions taken.
10. Compliance
10.1 The development of Orange and the User is founded on a set of values and principlesoutlined for Orange, specifically, in its Code of Ethics and Anti-Corruption Policy,available on the Orange corporate website (www.orange.com or
https://gallery.orange.com/rse#v=d20662f2-c8b6-43ba-ae0b-54fe33bcbd0c).
10.2 These texts reflect the commitment by Orange and the User to comply with legal and
regulatory provisions linked to their business. In this regard, Orange and the User agree
to comply with:
- (i) all legal and regulatory provisions in terms of combatting corruption and
influence peddling, notably including, the French criminal code, law no. 2016-
1691 of December 9, 2016 regarding transparency, the fight against corruption
and the modernization of the economy (the “Sapin 2 Law”), the US Foreign
Corrupt Practices Act, the UK Bribery Act, and any other legislation or
regulation against corruption which is applicable in connection with these
Terms,
- (ii) national, European, and international legal and regulatory provisions in
terms of international economic sanctions (hereinafter “the Economic
Sanctions”), specifically including embargoes, bans and/or restrictions against
certain countries, individuals or entities, when applicable, notably those issued
by the United Nations, European Union, its Member States or the United States,
(i) and (ii) are hereinafter referred to as the “Compliance Rules”.
10.3 Orange and the User each represent and warrant that they, their officers, their
representatives and their “primary shareholders and/or primary beneficiaries” (defined
for the purposes of the Terms as any individual or legal entity which directly or indirectly
holds more than 50% of voting rights in Orange or the User, either individually or jointly,
or which directly or indirectly controls it, individually or jointly) are not subject to
Economic Sanctions.
10.4 In the event of a modification of the legislative and/or regulatory framework, as well as
any judicial decision or any ruling by an authority responsible for enforcing the
Compliance Rules which could require an amendment of the Terms in view of the
Compliance Rules, Orange and the User undertake, if this amendment is possible, to
discuss it in good faith, and to reach an agreement within one month.
10.5 Orange and the User each warrant that they:
(i) have effectively implemented and maintain appropriate prevention, detection and
remedial measures, including, with their officers, employees, representatives, and
controlled companies involved in the contract fulfilment, notably, in order to comply with
the Compliance Rules,
(ii) ensure that their subcontractors, suppliers and other business partners in connection
with the Test agree to comply with the Compliance Rules.
10.6 Orange and the User each undertake to:
(i) grant promptly the other party’s requests in relation to evidence of application of the
aforementioned measures at any time,
(ii) inform the other party of remedial measures put in place to observe the Compliance
Rules, if the other party is aware of an infringement of these Compliance Rules (by
themselves or via any other party) and requests them.
11. Data Protection
The Personal Data of individuals related to the User in the framework of the Test are collected within
the context and under the terms and conditions of the Orange Developer Website
(https://developer.orange.com).
For more information, individuals can send their request to the following address:
contact.developer@orange.com.
12. Costs and expenses
The User’s participation in the Test will be free of charge.
The objective of the Test being to test in advance the Beta APIs proposed by Orange, the User and
Orange shall bear their own respective costs and expenses resulting from the Test.
13. Communication
Orange and the User agree that any external communication operation, in any form and on any support,
relating to the Test, its purpose, the Feedback, its content or its consequences, shall be subject to prior
discussion and written agreement between Orange and the User.
14. Prohibition of transfer to third parties
Any transfer of the Terms or the right to participate in the whole or part of the Test to a third party is
strictly forbidden.
15. Applicable law / Competent jurisdiction
15.1 The Test, the Terms and any matter of application or interpretation of the Terms shall
be governed by and construed in accordance with French law.
15.2 All disputes, controversies or matters arising out of or relating to the Test and/or to the
Terms shall first be referred to Orange in written form up to one month following the end
of the Test at the latest, to be settled amicably.
15.3 If the dispute, controversy, or matter is not settled amicably within thirty (30) days
following its notification to Orange, the dispute shall be finally settled by the Paris court.
16. Force Majeure
Orange shall not be deemed to have failed in its obligations hereunder and will not be liable for damages
if the performance of the Test or its content are amended, shortened, cancelled, delayed or modified, in
whole or in part, by an event of force majeure or any cause beyond Orange’s control. Is considered as
a case of force majeure, any fact or event that meets the definition of the French Civil Code or that has
been considered as such by a court.
17. Duration - Termination
17.1 These Terms shall enter into force on the date of their acceptance by the User for a
period of 6 months. The Terms are not tacitly renewable.
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However, the provisions of Article 6 “Intellectual Property Rights”, Article 7
“Confidentiality” and Article 13 “Communication” shall survive the term of the Terms for
a period of three (3) years from the effective term of the Test.
17.2 Orange reserves the right to terminate the Test immediately upon notice to the User
where it is determined that:
• the User’s use of the Beta APIs raises a security risk to Orange’s systems, or
• the User’s use of the Beta APIs is for fraudulent usage, or
• the User is in breach of the Terms.
In such cases, Orange will immediately remove the User’s right to access or use any
portion or all of the Beta APIs and Equipment.
17.3 The User can interrupt their participation in the Test at any time upon prior written notice
to Orange. In such cases, Orange shall be entitled to demand immediately the return of
the material and Equipment belonging to them.
17.4 Upon termination, Orange shall be entitled to demand the return of any material
belonging to them.
18. Insurance
Orange and the User shall take out and/or maintain in force throughout the term of the Test insurance
policies adequately covering the risks incurred and caused to property and persons in connection with
the performance of the Test.
19. Miscellaneous
19.1 Any modification of the Terms shall be communicated to the User by email and become
effective on such date. Any User is deemed to have accepted it by the mere fact of their
participation in the Test, from the effective date of the modification. Any User refusing
the change(s) shall be deemed to waive their right to participate in the Test.
19.2 Orange and the User undertake, for the duration of the Test and for a period of 6 months
after its end or its termination, not to solicit the personnel of the other party or of its
Affiliates involved in the Test for the purpose of poaching.
19.3 The invalidity, illegality or unenforceability of any of the provisions of these Terms shall
not affect the validity, legality and enforceability of the remaining provisions of these
Terms.