RCS Messaging on iPhone - O2 Terms and Conditions of Use
These terms are the terms and conditions of use for the RCS Messaging for iPhone 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.
In these terms:
a. "We", or "O2" means Telefonica UK Limited of 500 Brook Drive, Reading, Berkshire, RG2 6UU, United Kingdom. registered in England and Wales under company number 01743099 and VAT number is GB 386 4146 72.
b. Telefonica UK Limited is authorised and regulated by the Financial Conduct Authority (Reference Number 718822); and
c. "You" or “Your” means you, the customer of the Service who is subject to these terms, which includes any person that we believe is acting with your authority.
The Service
3. The Service is provided by Google and is a messaging service now also available for iPhone users running iOSv18 or later that allows Features over our mobile network or compatible Wifi connections include;
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;
4. send and receive rich communication with businesses without the need for another app The Service 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 [airtime agreement] with us which may include being charged at our standard rates, see https://www.o2.co.uk/help/account-and-billing/extra-charges-guide. 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, 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 must be connected to the internet with RCS active and have a compatible messaging application installed on their phone:
a. Samsung Messages v
b. Google Messages v
c. Apple Messages v18 and above
Using the Service
7. To use the Service, You need to have an RCS compatible messaging application installed (i.e. Google ‘Messages’, Samsung ‘Messages’ or iPhone ‘Messages’) and have RCS enabled on your phone with an active mobile subscription with O2. If both You and Your message recipient have the Service and RCS enabled on Your phone, Your messages will be sent over mobile data or your WiFi connection. If your recipient does not have an RCS compatible device your messages may be sent as per your SMS or MMS and will be charged at the rate associated with your tariff. You must have an active subscription with O2 to use RCS Messaging. If your SIM becomes inactive for any reason, we will terminate the Service. RCS Messaging will resume once your SIM becomes active again.
8. RCS Messaging is not compatible with the Hosted Mobile Recording Service. If you are a Hosted Mobile Recording Service User, it will not be possible to enable RCS Messaging on your phone.
9. As soon as You begin using the Service, Google will process and store records of your interactions In line with https://www.o2.co.uk/termsandconditions/privacy-policy
10. 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.
11. Thirty days after You are no longer an O2 customer or your RCS is inactive for the same period, your account and data will be deleted from our servers.
12. You will be responsible for keeping your phone up to date with all relevant operating system software releases ensuring your RCS is updated with all future enhancements.
13. You must not use the Service:
a. for any application that constitutes, and 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 be objectionable or is otherwise injurious to third parties;
e. for business or 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.
14. 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.
15. O2 shall have no liability for any decrease in phone functionality because of your use of the Service.
16. You can disable RCS Messaging via your Settings at any time. If you disable RCS Messaging, you will lose access to any groups you are in, and your contacts will no longer be able to send you RCS messages.
Charges
17. 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 do not run up extra costs that you are not expecting.
18. RCS Messaging works when you are roaming, standard roaming data rates apply.
Liability
19. O2 do not represent or warrant that the Service is free of inaccuracies, errors, delays, bugs, or interruptions. We cannot promise that the Service will be free from interruptions or that the Service is reliable, of a certain quality, accurate, complete, or otherwise valid.
20. The Service is provided by Google and controlled 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 denies 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.
21. You agree We have no responsibility for the deletion, loss or corruption of any content transmitted through the Service.
22. 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.
23. O2 are not responsible for any loss or damage to your messages, contacts and call history which arises because of your use of the Service.
24. Nothing in these terms will exclude or restrict the liability of either You or us for any liability that cannot be excluded or restricted by law.
Data and communications
25. 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”).
26. 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.
27. 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.
28. To allow RCS Messaging to work; we require the use of information related to your mobile phone service, such as your mobile phone number, and will be sharing this with Google to provide you with the Service.
Intellectual property rights
29. 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.
30. O2 and any other O2 product or service name are trademarks of O2 and its group of companies and You shall not be entitled to reproduce such marks without O2’s prior written consent.
31. 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 or 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
32. All suggestions and comments made by you to O2 in relation to the Service may be considered, 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.
33. O2 reserves the right to amend, terminate or suspend the Service at any time.
34. We can make reasonable changes to these terms at any time and may suspend, end or change the Service immediately for any reason. If we change these terms to your material detriment (in our reasonable opinion) or end this Service, we will give you 30 days' notice before the changes take place, or the Service is terminated.
35. 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 provided by You, by letter, to your address, or by SMS (ii) to O2: by calling 202 from your O2 phone or 0344 8090202.
36. 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.