Welcome to GSMA Advance (the “Platform”). This Platform is operated by GSMA Services LLC, a wholly-owned subsidiary of the GSM Association, with our principal office at 165 Ottley Drive, Suite 203, Atlanta, Georgia, 30324, US (“GSMA“, “we“, “our” or “us“).

“You” and “your” means: (i) you as a registered user who is authorised to access this Platform in accordance with these terms of use (“Terms of Use“); and (ii) unless expressly stated otherwise, the organisation that have signed separate agreement(s) with us for your use and access of this Platform (each a “Subscription Agreement”) .

By accessing and browsing this Platform, you agree to be bound by these Terms of Use, the GSMA Privacy Policy, GSMA Anti-trust Policy and any pop-ups or warnings on this Platform. If you are uncertain about any of these terms, please email [email protected] and we will try to respond to your query as soon as possible.

In the event of conflict, the terms of your Subscription Agreement will prevail over these Terms of Use.

Confidentiality

All information and materials made available to you on this Platform (“GSMA Advance Material”) is proprietary and confidential unless otherwise stated. You must keep confidential all such GSMA Advance Material, and must not disclose the GSMA Advance Material unless otherwise expressly permitted by us, either in accordance with the terms of your Subscription Agreement or these Terms of Use. You must ensure that:

• the GSMA Advance Material is clearly marked “Confidential”;
• all employees of your organisation preserve the confidentiality of all GSMA Advance Material; and
• the GSMA Advance Material is kept under secure conditions no less rigorous than those used for your own confidential information.

Use of GSMA Advance Material

GSMA Advance Material can only be used for your internal information purposes in accordance with your Subscription Agreement or these Terms of Use.  Unless otherwise explicitly authorised by your Subscription Agreement, You shall have no other right to copy, use, disclose, sell, market, commercialise, bundle, license, sub-license, re- license, reverse engineer, reverse compile, modify, disassemble or otherwise distribute the GSMA Advance Material received via the Platform to any third party. Please contact us at [email protected]  if you would like to use the GSMA Advance Material in any other way.

Without prejudice to the generality of the foregoing, GSMA Advance Material must not be used in a manner which could be considered as being harmful or detrimental to GSMA, its affiliates and its members.

Personal data

Unless otherwise specified in your Subscription Agreement, personal data will be handled in accordance with the GSMA Privacy Policy.  At all time you and GSMA will comply with all applicable data protection laws.

Changes to these Terms of Use

We may from time to time make changes to these Terms of Use, the GSMA Privacy Policy, GSMA Anti-trust Policy, and any popups or warnings. Any changes will be posted on this Platform and notified to you by means of a notice and links to the revised terms on this Platform.

Please review these regularly to ensure you are aware of any changes made by us. If you use this Platform or submit or request for documents after changes are notified to you in this way, you agree to such changes. If you do not agree to such changes, you are not authorised to use this Platform and must notify us that you no longer wish to do so, with a brief explanation of the reason(s) why.

Intellectual Property

All intellectual property on this Platform, including without limit, the text, graphics, copyright works and trademarks, and all GSMA Advance Material provided on this Platform, is owned by us (or by our third-party content suppliers). We are the exclusive owner of all rights in the compilation, design and layout of this Platform.

We reserve the right to prohibit links to this Platform, and you agree to remove or cease any link upon our request. You may not frame any part of the website material, whether by including advertising or other revenue-generating material or otherwise.

We expressly reserve all rights in and to the trademarks of the services we offered and all other related service marks, trading names or other trademarks relating to our products and services. Other trademarks, products and company names mentioned in this Platform may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.

Disclaimer

INFORMATION AND CONTENT PROVIDED ON THIS PLATFORM (INCLUDING GSMA ADVANCE MATERIAL) HAS NOT BEEN PREPARED BY TAKING INTO ACCOUNT THE PARTICULAR OBJECTIVES, SITUATION OR NEEDS OF ANY INDIVIDUAL USERS. COMMENTARY AND OTHER MATERIALS POSTED ON THIS PLATFORM ARE PROVIDED “AS-IS”, ON A NON-RELIANCE BASIS, AND YOU USE SUCH MATERIALS AT YOUR OWN RISK.

IN NO EVENT WILL GSMA OR ANY PERSON OR ENTITY INVOLVED IN LICENSING, IN CREATING, PRODUCING OR ADMINISTERING THIS PLATFORM OR GSMA ADVANCE MATERIAL, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE, OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF THIS PLATFORM OR THE GSMA ADVANCE MATERIAL.

Although we have tried to ensure the content on this Platform is current, accurate and complete, we do not guarantee that such content will be current, accurate or complete when you access it. Postings are made at such times as we determine in our discretion, and we do not review past postings to determine whether they remain accurate. We will take action, within a reasonable time, to correct any error or inaccuracy which is brought to our attention.

This disclaimer set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

No Liability

To the extent permitted by law:

• ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES (WHETHER EXPRESS, IMPLIED OR STATUTORY) ARE EXCLUDED, INCLUDING WITHOUT LIMIT, SUITABILITY, FITNESS FOR PURPOSE, ACCURACY OR COMPLETENESS OF THIS PLATFORM OR THE CONTENT ON OR ACCESSED THROUGH IT (INCLUDING GSMA ADVANCE MATERIAL); AND
• WE WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSES, OR INDIRECT LOSSES OR CONSEQUENTIAL DAMAGES OF ANY KIND, SUFFERED OR INCURRED BY YOU IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS PLATFORM OR THE CONTENT ON OR ACCESSED THROUGH IT (INCLUDING GSMA ADVANCE MATERIAL).

You agree to indemnify, hold harmless and defend us and our affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys’ fees) asserted by any third party due to or arising from or in connection with your conduct on this Platform, your use of the GSMA Advance Material, or from any content or messages posted or transmitted by you on or through this Platform. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites

This Platform may contain links to third party websites. These websites have not been prepared by us and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites that this website links to.

Accessing the Platform

We may withdraw, suspend, amend or restrict any part or all of this Platform without notice or liability. Access to this Platform is dependent upon availability of the worldwide web and we accept no responsibility for your inability to access this Platform arising out of circumstances beyond our reasonable control.

We may disable your access to this Platform at any time in our absolute discretion including, without limitation, if you have failed to comply with the Terms of Use, your Subscription Agreement or any other reasonable requirements of the GSMA. Only you, personally, as the authorised registered user, are authorised to access this Platform.

Jurisdiction and Governing Law

This Platform and content has been prepared in accordance with the requirements of the laws of Georgia, United States. These Terms of Use and any matters or disputes connected with this Platform will be governed by Georgia laws and will be dealt with by the U.S. Courts of Georgia located in Atlanta, and you agree to submit to the jurisdiction of these courts.

Security of Information

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You should never share your secure information, password or identifier with any other person.

Contacting Us

If you have any questions or concerns in relation to this Platform or these Terms of Use, please contact us at [email protected].