Orange Specific Terms Live Objects Discover Version
Service Provider: Orange SA, with registered address located at 78, rue Olivier de Serres, 75015 Paris, France (VAT registered: FR 89 380 129 866) (“Orange”)
Version number: 3.0
Date: Oct 20, 2016
User: is the one who is registered on the platform
Orange reserves the right to terminate or suspend services in case of violation by the User of the Terms.
1. LIVE OBJECTS DISCOVER VERSION DESCRIPTION
Live Objects is made available in a “Discover” version and in managed mode.
Regardless of your mobile operator and/or your internet services provider, Live Objects Discover Version permits the following use:
- For your connected objects services, you can manage your fleet of devices, the messages they send, store data, process it.
Those features are available through Live Objects services: a web portal (here) and some APIs provided by Orange and available on Live Objects platform (detailed document on Live Objects portal).
For the purposes of these Specific Terms, the API Client will have the meaning as set forth in section 1 of the Orange APIs General Terms and, in addition, will include any kind of connected objects.
Live Objects Discover Version is provided by Orange for free. Orange has the right, at its own discretion, to provide Live Objects, in a non-Discover version, on the basis of commercial offers that will be published, when available, on the Live Objects Portal. Additionally Live Objects Discover version is limited in time to 3 months for the first subscription, and it is not renewable. (article 6).
3. CONTRACTUAL DOCUMENTS
The Terms, as defined in Orange General Terms, consist of (i) such Orange APIs General Terms and (ii) these Orange API Specific Terms for Live Objects API Discover Version. In case of any discrepancy between the Orange APIs General Terms and these Orange API Specific Terms for Live Objects API Discover Version, the latter shall prevail.
4. SPECIFIC CONDITIONS OF LIVE OBJECTS API DISCOVER VERSION
4.1. Service Availability
Orange will use its best efforts to provide Live Objects Discover Version with reasonable care and skill. The Live Objects Discover Version is provided “as is” with no warranties, expressed or implied, including, but not limited to, the implied warranties of availability, performance, storage capacity, merchantability and fitness for a particular purpose and/or non-infringement.
In addition, Orange informs You that Live Objects Discover Version may be subject to (i) suspension at any time for technical or operational reasons (in particular but not limited to maintenance operation) or (ii) removal for indefinite periods of time for any reasons or events that are not under the direct or indirect control of Orange.
4.2. Prerequisite with respect to End-Users
To use Live Objects Discover Version, You must ensure that the data source or device is properly connected to the internet and is able to send data streams through your API Client (mobile application, website, connected object).
4.3. Live Objects main features
With Live Objects API Discover Version, you can:
· Manage your devices : declare them (provisioning), follow their status, send commands or update their firmware
· Manage the messages exchange with them : use different protocols (MQTT, REST), different modes of communication FIFO, Pubsub, historicize messages (during one week only).
· Process Data : index data, multi-criteria search, simple event processing
You acknowledge that Orange reserves the right to delete the data from the Live Objects platform after a period of three months starting from the date these data have been collected on the platform.
At the end of free « Discover » period or if you cancel your subscription , all data customer will be deleted except in case of subscription to a pay offer.
Live Objects Discover Version is provided by Orange under the conditions described mainly in this section. Orange has the right, at its own discretion, to change the features and capabilities of Live Objects Discover Version, on the basis of new conditions that will be published, when available, on the pages dedicated to Live Objects on Live Objects website.
4.4. Grant of Rights to Use
Orange retains all right, title and interest in and to Intellectual Property Rights related to Live Objects version Discover and You are granted a limited right to use the Live Objects Discover Version.
You agree to provide Orange with Feedback, as defined in the paragraph below, with respect to the use of the Live Objects.
You acknowledge that any remarks, suggestions, proposals for improvement, comments, ideas or any other information provided by You to Orange in the course of the use of Live Objects Discover Version (the “Feedback”) are not and will not be considered as confidential to Orange that may use such Feedback for its own needs. As such, You grant to Orange a right to use, modify and freely exploit the Feedback for any territory and for an indefinite period.
4.6. Personal Data
In case of the data You store on the “Discover” version of Live Objects platform includes personal data related to your End-Users, You undertake, in addition to article 8.2 and 8.3 of Orange APIs General Terms, to collect and process such personal data in compliance with any current regulation applicable to the processing of such data, and in particular with (i) the French Law on personal data n. 78-17 dated on January, the 6th 1978 as amended, (ii) Directive 95/46/EC on Data Protection and (ii) Directive 2002/58/EC on Privacy and Electronic Communications as amended by Directive 2009/136/EC. In accordance with such French law on personal data, You are the data controller for the processing of the personal data of your End-Users. Your End-Users, who are subject of a processing of personal data, shall be informed of specific conditions of service availability on a Discover version. You represent and warrant that You have obtained full and prior express consent from End-Users in order to fairly and lawfully collect, process their personal data through your API Client, store such data on the Live Objects platform and, if relevant, communicate such data to third parties. You undertake to make available to End-Users, who have agreed to send You their personal data,(i) any and all evidences to enable them to claim their rights (notably under the 1978 French law, as amended, to access, modify and delete the data related to them) and (ii) the terms of changing their consent for the collection and analysis by You of their personal data. As a consequence, You shall immediately delete from Live Objects platform any End-User’s personal data, when such End-User chooses not to allow You to any longer store its personal data through the API Client.
You represent and warrant that You implement appropriate technical and organizational measures to protect the data that are collected through your data source or device. You should provide simple tools to notify your End-Users and to update devices when security vulnerabilities are discovered.
You further represent and warrant to Orange that You are solely responsible for the use of Your data in the Live Objects back-office tool and that any analyses or comparison shall not be illegal or infringe any third party rights.
5. ORANGE BRANDS, DESIGN RULES AND GRAPHIC RESOURCES
The ORANGE brand and any trademarks, brands or logos owned by Orange (the “Brands”) are subject to exclusive rights and You are granted a limited right to use the Brands under section 13 of the Orange APIs General Terms. When Orange makes available, on Orange Developer website (developer.orange.com), (i) some rules with regard to, with no limitation, design, use of the Brands, (the “Design Rules”) and (ii) some graphic resources (such as buttons, error messages, the Brands) (the “Graphic Resources”), You undertake to fully comply with such Design Rules and Graphic Resources.
Any non-compliance with section 13 of the Orange APIs General Terms, the Design Rules and/or the Graphic Resources may constitute a material breach of these Specific Terms. Therefore, Orange may either suspend these Specific Terms until You fully comply with the Design Rules and the Graphic Resources, or terminate these Specific Terms if You do not fully comply with the Design Rules and the Graphic Resources within a reasonable time.
6. CONDITIONS OF WITHDRAWAL OF LIVE OBJECTS DISCOVER VERSION
Live Objects Discover version is limited to 3 months and to 10 devices. After 3 months period , you should ask for commercial version of Live Objects.
The User could use the API to get its Data without assistance of Orange. This operation needs to be realized before the end of the Discover period by the User.
Orange will not provide any database.
Orange Specific Terms Live Objects Discover Version