Telefónica's Open Gateway Developer Hub (hereinafter "Developer Hub") is a developer benefits program that offers you to enjoy advantages such as access to exclusive content or the Open Gateway Sandbox where you can test Telefónica's APIs, as well as develop your own applications and use cases, without commercial purposes or real users. You can check all the benefits of the here
If you want to be part of this program, you must read and accept these Terms and Conditions (hereinafter "Terms and Conditions", which regulate the legal agreement between TELEFÓNICA INNOVACIÓN DIGITAL, S.L., a Spanish company with Tax Identification Number B83188953 domiciled in Distrito Telefónica, Ronda de la Comunicación, S/N, C.P. 28050 Madrid ("TELEFÓNICA" or "We") and You (applicant) to participate in the Open Gateway Developer Hub, and comply with the rules that we indicate to You.
By agreeing to these terms and conditions, you agree to abide by them and to use the Licensed Material (services, technologies, APIs, software, SDKs and features) only for legitimate and authorized purposes. If you do not agree to them, you will not be able to access the Open Gateway Developer Hub.
Registration to participate is voluntary and no payment is required, but simply applying does not guarantee that you will be selected to join the Developer Hub. TELEFÓNICA may request additional information to complete your evaluation and will communicate, through the contact means provided, your registration as a member of the program or your rejection, as appropriate.
In order to evaluate Your application, TELEFÓNICA may share Your information with other Telefónica Group companies, including Telefónica Group Operators (the "Operators") in the countries in which We operate. Currently these companies are (this list may be updated in the future):
Once you have been notified of your acceptance as a member, you can begin to enjoy the benefits of the program.
TELEFÓNICA and/or its Operators may ask you to accept additional terms and conditions ("Special Conditions") for each API or material you wish to use. In case of contradiction between the Special Conditions and these Terms and Conditions, the Special Conditions will prevail.
TELEFÓNICA reserves the right to accept or reject your application to participate in the program as well as the right to cancel or modify the program and the Sandbox at any time and without notice to you.
The Sandbox is a secure technological testing environment, isolated and controlled by TELEFÓNICA, which offers you access to the Open Gateway APIs provided by the Telefónica Group Operators in the countries where they are available, as well as to any other TELEFÓNICA or Operator Authorized Material.
In this environment, which is part of the benefits you have access to as part of the Developers Hub, we act as a technological intermediary between you and the Operators so that you can use their APIs in accordance with these Terms and Conditions and the applicable Special Conditions, through the connections, mechanisms and the technological platform of the Sandbox.
This access is granted for your exclusive and experimental personal use, with the purpose of performing technical tests in your own applications and use cases, during the terms determined by TELEFÓNICA from time to time and without commercial purposes or real users. If you want to use the Sandbox or the Licensed Material for commercial purposes, you must obtain prior express consent from Telefónica. In order to use the APIs in the Sandbox, you need to have active lines with service from the corresponding Operators on which to perform the tests, which you own and which do not infringe the corresponding conditions and contracts with the Operators or the rights of third parties.
The Operators may establish additional restrictions and/or requirements on the lines eligible for use in the Sandbox and the APIs, which will be communicated to you through these Terms and Conditions, the program and Sandbox websites and notices, or any of the available means of contact.
Although the Sandbox services are free, TELEFÓNICA may require, at any time, that access to certain functions, services or tools be subject to the payment of a fee, without generating any obligation to compensate you in any way.
TELEFÓNICA and the Operators reserve the right to record and monitor all activities you perform within the Sandbox, in order to ensure security and compliance with these Terms and Conditions and the Special Conditions.
To access the Developer Hub and use the Sandbox and the Licensed Materials, you must comply with the following usage policy:
In the event that you engage in any activity that is improper or in violation of the Terms and Conditions or the Specific Conditions, TELEFÓNICA and the Operators reserve the right to suspend, in whole or in part, your participation in the Developers Hub and the Sandbox and/or to take appropriate civil and criminal legal action.
Given the purpose of the Developers Hub and the Sandbox, TELEFÓNICA and the Operators may request your cooperation in order to optimize the interaction of the APIs with the applications, use cases, products or integrations you are testing. To this end, TELEFÓNICA may request, and you must provide any general information about the operational functioning of the APIs you use, such as:
Without prejudice to the obligations, you have previously contracted, which will remain in force until they are fulfilled, you can unsubscribe at any time from the program, in which case you will lose access to the benefits that the Developers Hub and the Sandbox offer you. To do so, you must send an email to: opengateway@telefonica.com indicating "UNSUBSCRIBE" in the subject line and follow the instructions, if any, that may be indicated.
TELEFÓNICA makes no warranties whatsoever about this website or the information that the website may provide, the Developer Hub and/or the Sandbox including any warranties about the quality, performance, non-infringement of third-party rights or that the features offered through it are suitable for a particular participation or purpose.
TELEFÓNICA does not warrant that its website and its information, the Developer Hub and/or the Sandbox will always be available, free of incidents, interruptions, viruses or errors, or that you will not be able to access the Developer Hub due to Internet failure or for any other reason. The Developer Hub and the Sandbox are provided without specific technical support or assistance from TELEFÓNICA or the Operators. In addition, Telefónica and the Operators do not warrant that the APIs, their features or functionality, or Licensed Material, will be available in the Sandbox or will be available in the same form as in a real or commercial environment.
TELEFÓNICA and the Operators exclude all liability for any loss or damage to you or any third party arising from your application to join the Developer Hub, your membership of the Developer Hub, your use of the Telefónica website and/or Sandbox, the APIs, your information, or any feedback, comments or content, as well as any use cases, applications, features, code or programs in which the APIs are used.
In no event shall TELEFÓNICA or the Operators be liable for any indirect damages, lost profits, lost profits, lost profits, lost resources, loss of goodwill, loss of anticipated savings, cost of procurement of substitute goods or services, or loss or damage resulting from the limitations of the Sandbox and APIs, the Telefónica website or registration as a member of the Open Gateway Developer Hub, or any claim, damage or loss related to a product, service, technology or website provided by a third party on its own terms.
Any activity by you in breach of the Terms and Conditions will be investigated and TELEFÓNICA, the Operators shall have the right to suspend your participation in the Developers Hub and the Sandbox and/or take appropriate legal action.
You agree to treat all information and data shared, delivered, sent, received or exchanged by TELEFÓNICA or the Operators as confidential, including the Licensed Material, and not to share, disclose or use them in an unauthorized manner, except as permitted by these Terms and Conditions. This confidentiality obligation shall survive the termination of the program.
You will hold TELEFÓNICA harmless for any damages arising from any claims by third parties, including intellectual property rights holders, arising from a breach by you or your customers of the obligations contained herein.
The Licensed Material made available to You through the Developer Hub and the Sandbox is the property of TELEFÓNICA and/or the Operators and is protected by Spanish and/or European and/or international intellectual and industrial property protection regulations.
Notwithstanding the foregoing, TELEFÓNICA grants You, with respect to the Licensed Material that You access as a result of Your participation in the Developer Hub and the Sandbox, a non-exclusive, non-transferable, non-sublicensable, worldwide license for the duration of Your participation, limited to use in accordance with these Terms and Conditions or the applicable Special Conditions.
All data protection information regarding the processing that we carry out as data controllers of Your Personal Data in the context of the Developer Hub and the Sandbox is available aquí.
When You use the APIs in the Sandbox with lines that You use, You are the data subject of the processing carried out by the API, and the relevant Operator will act as the data controller of Your personal data. Data protection information on such processing is available here.
When You use the APIs available with lines used by third parties, You may share with the corresponding Operator offering the API, information and personal data about such third parties, both related to the authentication process (IP addresses and telephone numbers) and related to the API consumption process (API input parameters), together with the records and metadata applicable to these processes.
TELEFÓNICA will act as Your data processor in the data transfers that, if applicable, you make to the corresponding Operator, with the purpose of allowing you to use the API, as provided in these Terms and Conditions, as well as, if applicable, with the purpose of detecting and preventing errors, security flaws and improving such APIs or the Sandbox.
This processing carried out by TELEFÓNICA as data processor will be subject to the applicable data protection legislation, for which we undertake to comply with the following obligations:
In the event that TELEFÓNICA needs to subcontract any of the processing activities, you authorize such subcontracting in general to TELEFÓNICA.
TELEFÓNICA undertakes to sign with such subcontractors the corresponding data processing assignment agreement, whereby the subcontractor undertakes to comply with the obligations of this clause. Likewise, TELEFONICA will be jointly and severally liable to Ti for the actions and omissions of the subcontractor.
TELEFONICA will locate the personal data processing activities in countries with an adequate level of protection in accordance with the applicable data protection legislation.
Likewise, TELEFONICA undertakes to incorporate or ensure the existence of guarantees that provide adequate protection in accordance with data protection legislation, such as binding corporate rules, certifications and standard contractual clauses, and/or other additional or complementary measures to the above.
In the event of an incident that may involve a breach of personal data security, TELEFÓNICA will notify you of such breach without undue delay and will cooperate in the investigation and management of the incident.
TELEFÓNICA agrees to make available to You all information necessary to demonstrate compliance with the obligations set forth in this clause.
To the maximum extent permitted by applicable law, TELEFÓNICA's liability for damages relating to the processing of data carried out as Your data processor will be as set forth in clause 6.
Once you use the APIs available with lines used by third parties in accordance with point 8.3 above, the corresponding Operator offering the API will share with you information and personal data about such persons, both relating to the line authentication process (the access token), and relating to the API consumption process (parameters of the API output), together with the records and metadata applicable to these processes.
TELEFÓNICA will act as the data processor of the corresponding Operator in these communications of personal data that take place between the Operator and You.
To this effect, the obligations that you must comply with as a data transferee are:
In the event that any provision of these Terms and Conditions, or any part thereof, is declared illegal, void or unenforceable by a competent judge, it will be deemed unenforceable without affecting the remaining provisions.
TELEFÓNICA's delay or failure to exercise any legal action or any right described in these Terms and Conditions shall not imply, in any case, that it waives them. Likewise, the lack of a claim for breach of the obligations set forth in these Terms and Conditions shall not imply that TELEFÓNICA waives any subsequent claim.
You may not transfer or delegate, in whole or in part, any of the rights granted in these Terms and Conditions. Notwithstanding the foregoing, TELEFÓNICA may transfer or delegate any of its rights and obligations under these Terms and Conditions.
Nothing in these Terms and Conditions shall be construed as an assignment or transfer of any right, representation, agency or employment relationship by TELEFÓNICA. Neither party has the authority to bind the other in any respect.
In no event shall TELEFÓNICA be liable for any consequences that may arise from force majeure. Force majeure shall be understood as any unforeseeable or foreseen unavoidable event that prevents the registration and/or enjoyment of its membership in the Open Gateway Developer Hub or the Sandbox.
TELEFÓNICA reserves the right to modify and update these Terms and Conditions at any time and without prior notice. It is recommended that you periodically review this document to be aware of any changes. The updated version of the Terms and Conditions will be accessible at all times through our website.
In case You have any problems, questions or concerns, You may contact TELEFONICA at the following e-mail address: opengateway@telefonica.com
These Terms and Conditions and all matters relating to the Developer Hub and the Sandbox shall be governed by the laws of Spain. In the event of any dispute, You agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, Spain, waiving any other jurisdiction to which You may be entitled.