Open Gateway
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OPEN GATEWAY PARTNER PROGRAM TERMS AND CONDITIONS

1. What is the Partner Program and how does it work?

Telefónica's Open Gateway Partner Program (hereinafter "Partner Program") is a Partner benefits program that offers You to enjoy advantages such as: Access to exclusive training, content and tools; standardized network APIs to leverage the power of the network according to Your own terms and conditions; or enjoy the technical and business support that the Open Gateway team offers.

You can check all the benefits of the Partner Program here.

2. What do You need to participate?

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 at Distrito Telefónica, Ronda de la Comunicación, S/N, C.P. 28050 Madrid ("TELEFÓNICA" or "We") and You (if You agree in a personal capacity, in which case You represent and acknowledge that You are authorized to apply to the Partner Program on behalf of Your company or other entity to which, if applicable, these Terms and Conditions will apply) in connection with Your application for enrollment in the TELEFÓNICA Partner Program, and to comply with the rules that We indicate to You.

By accepting these terms and conditions, You agree to abide by them and to use the Authorised 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 eligible for the Open Gateway Partner Program.

Registration to participate is voluntary and no payment is required, but simply applying does not guarantee that You will be selected to join the Partner Program. 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):

  1. Telefónica de España S.A.U.
  2. Telefónica Móviles España S.A.U.
  3. Telefónica Germany GMBH & Co OHG
  4. Telefónica Brasil S.A.

As soon as Your acceptance as a member is communicated, You can start enjoying the advantages of the program.

TELEFÓNICA and/or its Operators may ask You to accept additional terms and conditions ("Particular Conditions") for each API or material You wish to use. In case of contradiction between the Particular Conditions and these Terms and Conditions, the Particular 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.

3. What is the Sandbox?

The TELEFÓNICA 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 (hereafter, the “Sandbox”).

In this environment, which is part of the benefits You have access to as part of the Partner Program, 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 Particular 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, (hereafter, the “POC/s”) during the terms determined in the present Terms and Conditions, without commercial purposes or real users. 

Pursuant to the foregoing, with the exception of the ‘’mocked environment‘’, each POC that you initiate in the Sandbox will have a maximum duration of three (3) months, counted from the date on which you receive Your access credentials. At the end of this period, TELEFÓNICA will suspend the POC regardless of its status or progress. 

For the avoidance of doubt, the APIs You use in a POC may not be used again in the context of the Sandbox for future POCs with the same use case, except in the event of a possible extension of the POC.

If You want to use the Sandbox or the Authorised Material, You must obtain TELEFÓNICA's prior express consent. In order to use the APIs in the Sandbox, You must 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 Particular Conditions.

4. Authorization for the use of Your Trademarks

You grant to TELEFÓNICA and the Telefónica Operators a worldwide, free, non-exclusive, revocable, revocable, non-transferable, non-sublicensable and non-sublicensable license to use, reproduce, copy, modify and display the name, mark and/or logo, for use solely to identify You as a member of the Partner Program in any media or format.

Any other use of the name, mark and/or logo must be previously agreed in writing by the parties. In any case, the use of the name, trademarks and/or logo will be made in accordance with the guidelines provided by You from time to time.

You represent and warrant that You possess the rights (including intellectual and industrial property rights), licenses, consents or permissions necessary to grant the rights provided for in these Terms and Conditions.

5. What are the Terms of Use?

To access the Partner Program and use the Sandbox and the Authorised Materials, You must comply with the following usage policy:

  • act in accordance with applicable law, these Terms and Conditions and the applicable Particular Conditions, the notices posted in the Sandbox, as well as morals, good customs and public order;
  • comply with the Telefónica Group's principles and policies published here;
  • to behave appropriately, in accordance with the instructions of TELEFÓNICA or the Operators, and in accordance with the purpose for which You have been permitted to participate in the program and use the Sandbox and the Authorised Material;
  • ensure the truthfulness of the representations made to TELEFÓNICA and/or the Operators in connection with Your participation, as well as the data provided in the program registration form;
  • communicate to TELEFÓNICA any events that, if applicable, affect the veracity of said statements, as well as keep all the data provided in the registration updated;
  • maintain the security of the APIs, systems, platforms, products and services of both TELEFÓNICA and the Operators, and not make available to third parties any access key, token, password, or any other credential or similar that is relevant for access control in the Sandbox or the Partner Program or the APIs. 
  • Comply with minimum security parameters of the systems associated with the service ensuring that the configuration baseline complies with the best security practices established by the industry.
  • implement and use all necessary security measures to prevent unauthorized access to and/or use of the APIs, the data provided by the APIs, as well as the other Authorised Materials, the platforms or the Sandbox systems, including access by viruses, worms or other harmful code, including malware or similar;
  • not use the Authorised Materials, the Sandbox or Your participation in the Partner Program for any of the following actions or purposes:
    • Sell and/or market products or services, unless express authorization is obtained from TELEFÓNICA to do so;
    • increase inquiries or traffic to other websites, content, services and/or applications;
    • communicate to the public, link, exhibit and/or duplicate the resources available, in its channels or websites or others of third parties;
    • attempt to circumvent or modify the established security measures;
    • access, manipulate and/or compromise the security of the systems, data or resources, whether its own or those of third parties; o access, manipulate and/or compromise the security of the systems, data or resources, whether its own or those of third parties.
    • access TELEFÓNICA's and/or the Operators' systems, technologies, APIs, platforms, SDKs, software or websites in a manner other than that provided for and permitted in these Terms and Conditions;
    • upload, execute or distribute malware, viruses or other malicious software;
    • perform any action, such as load or stress testing, which, if applicable, may adversely affect the performance of the Sandbox, systems and platforms, whether belonging to TELEFÓNICA or the Operators;
    • reverse engineer, decompile and/or disassemble the software included in the Authorised Material or derive the source code, commercial information, trade secrets, trade secrets, technical knowledge of any API, SDK or technology, either TELEFÓNICA's or the Operators', or underlying it or any of its parts;
    • exceed or circumvent restrictions on access, calls and use of the APIs ("Traffic Limits").
    • for purposes other than those permitted under these Terms and Conditions, or for purposes that are unlawful and/or that may harm the rights of third parties or that, in any way, may damage, harm and/or deteriorate the business activity of both TELEFÓNICA and the Operators, the property, as well as the image of TELEFÓNICA, the Operators and/or their owners, or of third parties.

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 Partner Program and the Sandbox and/or to take appropriate civil and criminal legal action.

Given the purpose of the Partner Program 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 that You are testing. To this end, TELEFÓNICA may request from You and You must provide any general information about the operational functioning of the APIs You use, such as:

  • the suitability or otherwise of the APIs to meet Your needs when testing in the Sandbox and/or those of the target users of Your application, functionality or service in which the API is used;
  • incompatibilities and/or bugs detected in the operation of the APIs;
  • defects or deficiencies observed in the operational development of the APIs with respect to third party APIs available on the market.
  • relevant use case information to define the business value proposition

6. How to unsubscribe

Without prejudice to the obligations previously contracted, which will remain in force until they are fulfilled, You can unsubscribe from the program at any time, in which case You will lose access to the benefits that the Partner Program 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 that, where appropriate, will be indicated to You.

7. Responsibilities and warranties

TELEFÓNICA makes no warranty whatsoever about this Web Site or the information that the Web Site may provide, the Partner Program and/or the Sandbox including any warranty as to the quality, performance, non-infringement of third party rights or that the features offered through these are suitable for a particular participation or purpose.

TELEFÓNICA does not warrant that its website and its information, the Partner Program 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 Partner Program due to Internet failure or for any other reason. The Partner Program and the Sandbox are offered without specific technical assistance or support from TELEFÓNICA or the Carriers. In addition, Telefónica and the Operators do not warrant that the APIs, their features or functionality, or Authorised 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 resulting from Your application to join the Partner Program, Your membership in the Partner Program, Your use of the TELEFÓNICA web site and/or Sandbox, the APIs, Your information, or any opinion, comment 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 the APIs, TELEFÓNICA's website or registration as a member of the Open Gateway Partner Program, 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 violation of the Terms and Conditions will be investigated and TELEFÓNICA, together with the Operators, shall have the right to suspend Your participation in the Partner Program and the Sandbox and/or take appropriate legal action.

You and TELEFÓNICA agree to treat all information and data shared, delivered, sent, received or exchanged by TELEFÓNICA or the Operators as confidential, including the Authorised Material, the APIs developed by TELEFÓNICA, the software development kit that, if applicable, has been validated for the Partner Program, the access keys to TELEFÓNICA's online repositories of information and technical documentation, data, programming code, software, trademarks, intellectual and industrial property rights, commercial or industrial secrets, as well as any feedback or any information and documentation displayed and/or accessible by You that, not being public, are made available to You by TELEFÓNICA (directly or indirectly) as a result of Your participation in the Partner Program, or as a consequence of any PoC or commercial initiative, and not to disclose, share, divulge or use them in an unauthorized manner, except in the cases permitted by these Terms and Conditions. This confidentiality obligation will remain in force even after the end of the program.

8. Liability and Indemnity

To the fullest extent permitted by law, You will be unlimitedly liable to TELEFÓNICA for:

  • Damages or losses caused by Your willful breach (including fraud and gross negligence) of these Terms and Conditions;
  • Damages or losses arising from Your breach of the provisions of the Terms and Conditions relating to:
    • Security, privacy and data protection;
    • Use and/or access of the Sandbox and/or the Authorised Material;
    • Intellectual and industrial property rights;
    • Confidentiality; and/or
    • Anti-corruption.

Subject to the foregoing, You will defend, indemnify and hold TELEFONICA harmless from and against all: (i) damages; and (ii) costs and expenses reasonably incurred in connection with the defense or settlement, by virtue of any claim, allegation, demand, suit, action or similar proceeding by any third party, including intellectual property rights holders (each, a "Third Party Claim").

9. Intellectual Property

The Authorised Material made available to You through the Partner Program 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 Authorised Material to which You have access as a result of Your participation in the Partner Program and the Sandbox, a non-exclusive, non-transferable and non-sublicensable license of use, with worldwide geographic scope, for the duration of Your participation, limited to the use in accordance with these Terms and Conditions or the applicable Specific Terms and Conditions.

10. Personal Data Protection

10.1. Processing carried out by TELEFÓNICA as the party responsible for the processing of Your Data

All data protection information regarding the processing that we carry out as data controllers of Your Personal Data in the context of the Partner Program and the Sandbox is available here..

10.2. Processing that the Operators carry out as the data controllers of Your data and TELEFÓNICA carries out as its data processor

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 corresponding Operator will act as the data controller of Your personal data. Data protection information on such processing is available here..

10.3. Processing that You carry out as the data controller, and TELEFÓNICA carries out as Your processor

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:

  • To process the Personal Data under Your documented instructions, and, in particular, not to process the data for our own purposes;
  • To collaborate with You so that You can draw up its processing record.
  • To assist You:
    • So that You can comply with Your obligation to respond to the exercise of the data subject's rights.
    • In carrying out data protection impact assessments, in accordance with applicable law.
    • In carrying out prior consultations with the competent supervisory authority, which, where appropriate, You are obliged to perform.
    • In connection with notifications and communications of a personal data security breach to supervisory authorities and data subjects, in accordance with applicable law.
  • Delete the personal data, once the processing is terminated.
  • Ensure that the persons authorized within our organization to process personal data have undertaken to respect confidentiality and to comply with the applicable security measures in terms equivalent to those set forth in this clause. These confidentiality obligations shall survive even after the termination of these Terms and Conditions.
  • Adopt those technical and organizational measures necessary to protect personal data and monitor them adequately.

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 processor will be regulated in accordance with the provisions of clause 7.

10.4. Your Obligations as a Transferee of Personal Data from the Operators

Once You use the APIs available with lines used by third parties pursuant to section 8.3 above, the relevant Operator offering the API will share with You information and personal data about such personal data, 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 You must comply with as a data transferee are:

  1. Comply with all the obligations imposed by the data protection legislation;
  2. To process the personal data for the sole purpose of testing and in accordance with these Terms and Conditions;
  3. To comply with all obligations and requirements indicated in the security considerations specified in these Terms and Conditions;
  4. You may outsource data processing activities to third parties, provided that the third parties locate their personal data processing activities in countries with an adequate level of protection in accordance with data protection legislation and the outsourced activities are limited to the performance of the tests and are carried out in accordance with these Terms and Conditions. In any case, You will be liable to the data subject and the authorities for such processing executed by any subcontractor of Yours;
  5. Locate Your personal data processing activities only in those countries with an adequate level of protection according to the legislation in force;
  6. Reciprocally cooperate with TELEFÓNICA, providing such assistance and information as is reasonable to comply with the obligations of the applicable law in force;
  7. In the event of a security breach, You will notify TELEFÓNICA without undue delay and, if such breach may generate risks to the privacy of data subjects, You will collaborate with TELEFÓNICA to mitigate its impact;
  8. To hold TELEFÓNICA and the Operators harmless and compensate them for any fines, penalties, compensation or expenses that TELEFÓNICA or the Operators may incur as a result of Your failure to comply with the obligations described herein or Your failure to comply with data protection legislation; and
  9. In addition, by using the APIs, You expressly agree not to:
      1. Maintain or retain data obtained from the API only for as long as it is needed to perform the test You are currently running, and You may not store such information on Your systems, or apply additional retention periods, beyond what is necessary to evaluate the API's response in the integration You are testing;
      2. Combine the data received with other information, internal or external, or use the data for any purpose other than those defined in these Terms and Conditions or other applicable additional terms, such as the Particular Conditions;
      3. Use the data received in combination with technologies that allow obtaining and/or storing information from/on the user's terminal (e.g. cookies);
      4. Use the data to profile data subjects or make decisions based solely on automated means that have a significant legal or similar impact;
      5. Share any data received with third parties, excluding suppliers who, where applicable, need to have access to the data and provided that they do so subject to these Terms and Conditions or other applicable additional terms such as the Particular Conditions;

11. Responsible declaration
You declare, under Your responsibility, that:

  • You comply with all applicable domestic, foreign and international anti-corruption laws, statutes, regulations and codes applicable to You;
  • Neither You, nor, if applicable, the entity on whose behalf You act nor any of its directors, representatives, controlling persons, agents or employees have been subject to economic-financial sanctions by the United Nations, the European Union or any of its Member States, the United Kingdom, OFAC or any other international sanctioning entity; and that You are not acting directly or indirectly for or on behalf of a person sanctioned or incorporated, located, headquartered or resident in a country or territory whose government is subject to sanctions in economic and financial sanctions legislation, regulations, guidelines, resolutions, programs or restrictive measures;
  • You comply and will comply with the sanctions resolutions indicated in the previous paragraph;
  • The above information is true, and You agree to keep it true during the term of these Terms and Conditions. Otherwise, TELEFÓNICA, together with the Operators, may interrupt or suspend Your access to the Partner Program and the Sandbox, without the right to any compensation or indemnification whatsoever.

12. General Provisions

In the event that any provision of these Terms and Conditions, or any part thereof, is declared illegal, void or unenforceable by a competent court, it will be deemed unenforceable without affecting the remaining provisions.

These Terms and Conditions are a translation of the original Spanish version (available here). In the event of any discrepancy, divergence or contradiction between the two versions, the Spanish version shall prevail. For the purposes of interpretation, clarification and resolution of any dispute, recourse shall be had exclusively to the Spanish text.

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 will 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 Your membership in the Open Gateway Partner Program or the Sandbox.

TELEFÓNICA reserves the right to modify and update these Terms and Conditions at any time and without prior notice. We recommend 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.

13. Contact

If You have any problems, questions or concerns, You may contact TELEFÓNICA at the following e-mail address: opengateway@telefonica.com.

14. Applicable Law and Dispute Resolution

These Terms and Conditions and all matters relating to the Partner Program and the Sandbox shall be governed by the laws of Spain. In case of conflict, You agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, Spain, waiving any other jurisdiction that may correspond to You.