1. What is Tuenti?

Telefonica Digital España, S.L.U. (“TDE”) is the owner of the cloud-based communication and line management application for mobile and web called “Tuenti”, which lets you call, chat and exchange text and multimedia messages with your contacts, in as private and secure a manner as possible and from any device.

We aim to provide the best experience in the field of mobile communications and, as such, you can also access other innovative features through Tuenti such as managing your phone line in the event that you have signed up with one of the Operators we partner with: Tuenti Spain, Tuenti Peru, Tuenti ArgentinaTuenti Ecuador and Tuenti Guatemala (“Operators”).

2. User registration and using Tuenti

In order to access our services, you are required to register in advance and provide us with some basic details to identify you as a user and, where appropriate, to verify your cell phone number. You can provide us with such details yourself or, if you prefer it, we will collect them from your Facebook, Twitter or Google+ account in order to simplify your registration and access process in Tuenti. We may, however, ask you for additional information in order to process your registration and/or to enjoy certain services. Remember that you cannot be a Tuenti user unless you have the legal capacity to read, understand and accept these terms.

Once registered, we will offer you the possibility of synchronizing your phonebook and the call log of your device, so that that they are always available on Tuenti and in order to facilitate you the use of our services. By way of this synchronization, TDE will check if the people in your phonebook and/or call log are already using our services, in which case they will become part of your network of contacts. As a Tuenti user, you may also send invitations to your contacts so that, depending on the options and/or promotions available, they can join Tuenti and/or become part of your network. In any case, remember that you will be liable to the invited person for the aforementioned invitations.

TDE may also send you communications regarding promotions, services and other Tuenti news. Furthermore, you know and accept that there may be advertising content on Tuenti and that you may therefore be able to access advertising from TDE and/or the Operators. Finally, remember that you may request to deregister and/or uninstall Tuenti from your device at any time.

3. Internet call service for users

TDE offers registered users of Tuenti's mobile and web application an Internet telephony service (VoIP), aside from the traditional telephone service and other similar telecommunications services (PATS) that the user may have signed up for with their telephone operator.

This service is for personal use only and does not supersede or replace the aforementioned traditional service, as it only enables you to exchange Internet calls via the fixed or mobile connection you have activated on your device at any given time and provided such device is compatible. Remember that, if you download our application and/or use this call service, your telephone operator may charge you, and that, if the call cannot be made by any of the modalities of that service detailed below, we may divert your call by any of the other channels available on your device in order to facilitate your communication.

When using our Internet call service, users may opt for the following modes, which may or may not be available depending on the user's country:

- Calls between users through Tuenti (free service App-App): This mode enables you to exchange calls over the Internet with your Tuenti contacts. This service is not interoperable with the traditional phone service and, as such, it does not enable you to make calls to phone numbers. Users should therefore always have an alternative means which ensures that they are able to make and receive these types of calls.

- VozDigital calls for users through Tuenti (paid service): Depending on the specific promotions and/or rates put in place by the Operators, this mode also enables users who have verified their cell phone number to make calls to cell phones and/or landlines in the national and/or international destinations that are available at any given time, depending on the user's country. Users are not able to call, among others, special numbers, additional rate numbers, premium numbers, short numbers, smart numbers, information services, switchboards or the like, or satellite phones. The Operators that, in their case, offer this service in each country may modify the available destinations at any time when necessary for technical, business and/or strategic reasons and may include and/or exclude any network, country, geographical area and/or numbering ranges. Furthermore, these calls may have some specific restrictions based on the operator's network and/or the geographical area of the country that the user is calling.

Tuenti's Internet call saving service is a tool that we make available to users who want it so that they can voluntarily retain, classify and playback their conversations saved in this way. Users may disable this service, and/or delete the conversations that they have saved, through the available options in Tuenti. In any case, we will only retain the saved calls while the user does not decide to delete them, and these will only be accessible from the web and/or Tuenti's mobile application and through the account of the user that made them.

4. Services for traditional cell phone customers

Those users of Tuenti's mobile and web application who are also traditional telephone service customers of the Operators we partner with may also enjoy unique communication and cell phone line management services and features through this platform owned by TDE, provided they have given their consent when necessary and have a handset or device that supports these services and has Internet access.

These are a series of complementary, innovative and value-added services, all available online via Tuenti's mobile and web application, which may include, depending on the specific services that are available at any given time, cloud-based telephony and communication services, online telephone line management and top-ups, usage control, available balance checks and billing information, access to customer service and help information, movements and records of your telephone line communications, virtual voicemail, the sending and/or receiving of text and/or voice communications through Tuenti, including Internet calls and, where appropriate, the mentioned possibility of saving them; all these services may be subject to their respective specific terms.

The traditional telephone service contracted by the user with their operator will, in any case, be subject to the specific tariffs, offers, promotions and legal contract terms established by the corresponding Operators in each country with which TDE has reached an agreement in order to offer its customers the aforementioned services or features.

5. Paid services on Tuenti

The paid services available on Tuenti will be contracted directly between the user and the Operators we partner with and are governed by these terms, as well as by the provisions of any other terms that may be established for this purpose.

Prior to contracting such products and/or paid services, remember therefore to check their specific terms, tariffs, taxes, forms of payment, compatible handsets and related functionalities. If, during the electronic contracting process, the user detects that the details provided and/or terms of payment are incorrect or wishes to modify them, they will be given the option to correct them before the contract is confirmed.

To this end, the prices, bundles and/or, where appropriate, other economic terms contracted in accordance with the tariffs and other general and/or specific terms, offers or promotions in force at the time of their use will apply. In this regard, the Operators we partner with reserve the right to change at ny time the prices of products and/or services offered through Tuenti's mobile and web application. If you continue to use and/or acquire the services following notification of a change, we understand that you accept the change.

Once the contract has been finalized, you cannot demand the repayment or refund of the amount paid. Unless otherwise indicated, the form of payment will be by credit card, via a secure payment gateway (Virtual POS). Once the payment has been verified, the user will receive a receipt of the contract which will include details of the contracted services and the terms thereof.

6. Security and privacy

TDE has implemented robust measures to ensure the security, confidentiality and privacy of your information and the secrecy of your communications, but it will not control or monitor the content thereof since it is merely an intermediary between users. Similarly, we may establish reasonable use policies for our services in order to prevent potential fraud, illegal use and/or misuse. Excessive or unreasonable use is understood to be that which is significantly above the average use of users. In these cases, TDE may warn the user, and reserves the right to suspend the service or, in more serious cases, deregister the user.

In any case, the provision of false information is prohibited and, as such, users must identify themselves with their real, current and accurate details, and provide their own cell phone number for verification. In this sense, TDE may request additional information from you and/or terminate your user account for this reason, without prior notice and without entitling the user to any compensation or reimbursement. Similarly, TDE and/or the Operators may notify the competent authorities or even collaborate with them with regard to any potential violation of current legislation that is detected in Tuenti, especially in the event that such a violation could involve a crime being committed.

Finally, remember that, for more information about the privacy and security measures that we apply, you may also consult our Privacy and Cookies Policy.

7. Intellectual and industrial property

TDE owns and holds all the rights over Tuenti's application for mobile devices and the website www.tuenti.com. In this regard, the user is only granted a limited, temporary, non-exclusive and revocable license in order that they may use, download and/or install Tuenti on their devices, as provided for in these terms and for the intended uses. In any case, TDE reserves the rights not expressly granted to users pursuant to these terms.

Even though you will retain all rights over the content you generate or share via Tuenti, you grant TDE a non-exclusive, worldwide license, limited to the period during which your account is active and/or when you decide to delete the content, to reproduce it and adapt it to Tuenti's technical requirements.

8. Responsibility and obligations

Tuenti's services are provided without a warranty of any kind since their quality and availability may be affected by many factors outside of the control of TDE and/or, in their case, the Operators such as, among others, the geographical location of the user, limitations or restrictions on the networks of third-party operators or the compatibility of the device and operating system used by the user. Similarly, users accept that the service may also be interrupted whenever maintenance is necessary.

Therefore, neither TDE nor the Operators are liable for problems relating to access to or availability of Tuenti and/or its services, or for the damages that may be caused by this, when these arise due to factors outside of its sphere of control. Similarly, TDE and the Operators are not liable for faults, incompatibilities and/or damage to your handsets or devices that, in any case, may result from the downloading and/or use of Tuenti, especially when these are not compatible or suitable for using our services.

TDE does not assume the obligation to control the content that users transmit or share through Tuenti. However, any access and/or use of Tuenti that contravenes these terms, the specific terms of each service and, in general, current legislation, the principles of good faith, morality and public order is prohibited. You are responsible for the use you decide to make of Tuenti and must ensure that this use does not infringe the rights of third parties.

Tuenti's services are provided solely for your personal and private use as an end user; as such, you cannot sell them or use them for economic, commercial or similar purposes, without the authorization of TDE and/or the Operators. Failure to comply with your obligations as a user may involve your immediate deregistration from Tuenti and/or its services; all without right to compensation and/or reimbursement of any kind.

9. Miscellaneous

Tuenti is designed to be used by anyone who complies with these terms, in any country where its use is not contrary to the local laws in force. Furthermore, Tuenti may have restrictions, may not work or its services may not be available in all countries. The use of Tuenti by users within a specific country will be under their own liability.

While these terms are translated into several languages, the Spanish version will always prevail in the event of contradictions. In addition, TDE reserves the right to revise these terms at any time due to commercial legal or technical reasons or strategic decisions. In that case, we will notify you by posting it on Tuenti and, if you continue to use it and do not request your deregistration as a user, we understand that you accept the changes.

Current regulations determine the laws that should govern and the jurisdiction that should know of the relationships between TDE and its users. In those cases where current regulations do not establish the obligation to submit to a certain jurisdiction or legislation, TDE and its users, waiving any other jurisdiction that may apply, submit themselves to the courts of Madrid (Spain).

10. Corporate and contact information

Telefonica Digital España, S.L.U. is a company that belongs to the Telefonica Group, with C.I.F. B-83188953, with registered office in Gran Vía 28 - 28013, Madrid (Spain) and registered in the Commercial Register of Madrid in Volume 32392, Folio 77, Section 8, Sheet M-296237. Tuenti and VozDigital are registered trademarks of the Telefonica Group. Contact details: tuenti@tuenti.com and fax no. +34 91 369 22 87. User support in the event of incidents and/or complaints will be primarily online and will be attended to as soon as possible.

© TELEFONICA DIGITAL ESPAÑA, S.L.U., 2017. All rights reserved.