Terms of Use (GSMA Device Registry)

Welcome to GSMA Device Registry (the “Services”),  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 the Services 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 the Services (each a “Services Agreement”) .

By accessing the Services, you agree to be bound by these Terms of Use, the GSMA Privacy Policy, GSMA Anti-trust Policy, other applicable GSMA policies (if any) (“GSMA Policy”), and any pop-ups or warnings on this portal. 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.

You may also have entered into separate Services Agreement(s) with us for your use and access of the Services, for example:

GSMA Membership Agreement

GSMA Device Registry Program Participation Agreement

GSMA Device Registry Programme CNO Participation Agreement

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

If you wish to use any other services that we offer, you will also be required to agree to the relevant Services Agreement for those services.

Confidential Information

All information made available to you as part of the Services (“Information”) is proprietary and confidential unless otherwise stated. You must keep confidential all such Information, and must not disclose the Information unless otherwise expressly permitted by us, either in accordance with the terms of your Services Agreement or these Terms of Use (in the absence of a Services Agreement). You must ensure that: (i) the Information is clearly marked “Confidential”; (ii) all employees of your organisation preserve the confidentiality of all Information; and (iii) the Information is kept under secure conditions no less rigorous than those used for your own confidential information.

Use of Information

Information can only be used for your internal information purposes in accordance with your Services Agreement or these Terms of Use (in the absence of Services Agreement).  Unless otherwise explicitly authorised by your Services Agreement, you must not, without our prior written consent, use the Services or the Information to: (a) create work, including without limitation, condensations, improvements, updates, enhancements, or any other form in which  the Services and/or the Information may be recast, transformed, adapted, incorporated or revised (“Derivative Work”); or (b) otherwise sell, license, lease, distribute or in any way transfer such Derivate Works, with an intent to generate commercial gains or commercial exploitation either directly or indirectly from the Derivative Work.

Unless otherwise explicitly authorised by your Services Agreement, you must therefore ensure that the Information is used for no purpose whatsoever other than strictly in accordance with the requirements of, and solely for the purposes set out in, the relevant GSMA Policy, which includes (without limitation): (i) SG.18 Device Registry Specification and Access Policy; and (ii) FS. 44 Mobile Device Crime Data Third Party Access Policy, and (iii) any other policies that we deem applicable to the Services, as may be updated by us from time to time.

Without prejudice to the generality of the foregoing, Information must not be used in a manner which could be considered as being harmful or detrimental to GSMA, its members, TAC holding mobile device manufacturers or the GSM Standard (as defined by the relevant European Telecommunications Standards Institute technical specifications, 3GPP Specifications and the Permanent Reference Documents of GSMA) (as applicable).

If you intend to use the Information for purposes that are not explicitly allowed in these Terms of Use or your Services Agreement, please contact us at [email protected] to obtain the appropriate licence.

Basis of the Information

Information available as part of the Services contains data pertaining to a range of mobile devices that have been provided to the GSMA by numerous third party data sources, and GSMA does not guarantee the accuracy of the Information. You acknowledge and agree that the GSMA, its licensors, mobile network operators, and device manufacturers have no responsibility for the accuracy, currency or completeness of the Services or the Information.

Personal data

Unless otherwise specified in your Services 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, GSMA Policy, and any popups or warnings. Any changes will be posted on this portal and notified to you by means of a notice and links to the revised terms.

Please review these regularly to ensure you are aware of any changes made by us. If you use the Services or submit or request documents for services 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 the Services 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 relating to the Services, including without limit, the text, graphics, copyright works and trademarks, and all Information provided as part of the Services, is owned by us (or by our third-party content suppliers).

We reserve the right to prohibit links to the Services, 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 the Services 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

GSMA SERVICES LLC, GSMA LTD., GSM ASSOCIATION AND MEMBERS OF THE GSM ASSOCIATION (THE “GSMA GROUP“) AND THEIR LICENSORS AND OTHER CONTRIBUTORS DO NOT WARRANT OR REPRESENT THAT THE SERVICES OR THE INFORMATION WILL BE ERROR FREE, ACCURATE OR TIMELY, OR OPERATE ERROR-FREE OR WITHOUT FAILURE OR INTERRUPTION, OR THAT ANY COMMUNICATION BETWEEN YOU AND GSMA GROUP WILL BE PRIVATE OR SECURE.

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

IN NO EVENT WILL THE GSMA GROUP OR ITS LICENSORS OR CONTRIBUTORS OR ANY PERSON OR ENTITY INVOLVED IN LICENSING, IN CREATING, PRODUCING OR ADMINISTERING THE SERVICES OR THE INFORMATION, 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 THE SERVICES OR THE INFORMATION.

Although we have tried to ensure the content provided 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:

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 use of the Services and Information, or from any content or messages posted or transmitted by you on or through the Services. 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

The Services 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 Services

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

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

Jurisdiction and Governing Law

The Services 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 the Services 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 the Services or these Terms of Use, please contact us at [email protected].