General Terms and Conditions of Sale and Services

OLGA refers to a voice assistance service on mobile phones offered by Flagtory SAS, registered under number 523 206 993 at the RCS of Nanterre, with its registered office at 25 rue Pauline Borghèse 92200 Neuilly sur Seine, France.

These General Terms and Conditions of Sale and Services (GTCS) apply, to the exclusion of any other conditions, to any sale of equipment or provision of OLGA services by Flagtory SAS or by a distributor authorised by it. In this document, the "Subscriber" refers to the person who, by subscribing to the OLGA services or by accepting a quote provided by OLGA or an authorised distributor, accepts these GTCS without reservation. As the user of the service may be a different person, the Subscriber guarantees that the user understands and complies with these GTCS.

Depending on the context, "OLGA" refers to the OLGA service, the website olgaphone.com or the company Flagtory SAS. The text of the GTCS, including the "Large Print" version, is available on olgaphone.com or upon simple request from OLGA.

1. Description of the OLGA Offer

The OLGA offer consists of:

a pre-configured smartphone equipped with an application providing access to OLGA services,
a subscription to OLGA services,
optional accessories for the device.

Warning: For the proper functioning of the service, the smartphone must be connected to the mobile telecommunications network, with a "data" subscription allowing data to be downloaded.

1.1 Equipment

Smartphone-type mobile phone, delivered with a mains charger and user manual. The phone is delivered pre-configured for use with the OLGA service. If the Subscriber wishes to use the phone for another purpose, they may, at their own risk, restore the phone's original settings and use it as they see fit. OLGA cannot be held liable for any damage caused by this operation.

1.2 Accessories

OLGA offers a range of optional accessories: cases, cables, speaker, etc.

1.3 Mobile Application

The OLGA application pre-installed on the smartphone provides access to the functions described on the website and below. The Subscriber will benefit from updates.

1.3.1 Available Functions Version 1.0

Call a registered or unregistered contact. Receive calls
Receive SMS / Send an SMS to a registered contact
Get weather information
Add / Delete a contact by voice
Get the time or date
Manage a diary by voice
Set up 3 alerts with a specific voice message
Set up a "hello" that rings every hour of the day

1.3.2 Application Updates

These updates may include:

graphic improvements
modifications of any kind
new features
security updates

The user can check in the "Update" menu whether an update is available. The process is simple, but the function is not voice-enabled. If the user is visually impaired, they will probably need assistance for this step.

1.4 Optional Services

OLGA may offer a range of optional services. The availability and price of these services are indicated on the website olgaphone.com.

1.4.1 Optional "Conversational Intelligence" Function (marketed under the name "Smart Pack")

The terms of use described in section 1.4.1 below apply specifically when you use the optional conversational intelligence service integrated into Olga, hereinafter referred to as "the Service".
By subscribing to the "Service", you accept these terms of sale and services as well as our privacy policy.

A. Subscription to the "Service" and Access

(a) You must be at least 13 years old to use the "Service". If you are under 18, you must obtain permission from your parents or legal guardian to use the "Service". If you use the "Service" on behalf of another person or entity, you must be authorised to accept the terms on their behalf. You must provide accurate and complete information to open an account. You may not make your access credentials or account available to persons outside your organisation, and you are responsible for all activities carried out with your credentials.
(b) To access the "Service", the user must say a specific voice command on the Olga service.
(c) The "Service" includes in particular an assisted document reading function: the user can photograph a document (letter, invoice, instructions, etc.) so that the "Service" reads out or explains its content by voice. This function is only available if the option has been subscribed to. Subscription requires an explicit and traceable step — by email, order on the olgaphone.com website, quote, or via the device's carer menu with double validation. The option cannot be activated by a simple telephone request or by voice from the device.

B. Content Specific to the "Service"

(a) When you use the "Service", you may provide data to the "Service" ("data") and receive results generated and returned by the "Service" based on the data ("results"). Input data and output data are collectively referred to as "content". As between the parties and to the extent permitted by applicable law, you own all the data.

(b) Similarity of content. Due to the nature of machine learning, the results obtained may not be unique among users, and the "Service" may generate the same or a similar result for OLGA or a third party. For example, you may submit a request to a model such as "What colour is the sky?" and obtain a result such as "The sky is blue". Other users may also ask similar questions and receive the same answer.

(c) Use and retention of content. OLGA does not use the content (data transmitted and results) to train or improve artificial intelligence models. The content is transmitted in encrypted form to the artificial intelligence providers used by OLGA, via their professional interfaces (APIs), whose contractual terms exclude the use of transmitted content for training their models. Photographed documents are retained by OLGA only for the time strictly necessary to process the request, then deleted, without being archived on OLGA's servers. Providers may retain a temporary copy of the content, for a maximum of thirty (30) days, solely for security purposes (detection of abuse or fraudulent use), before deletion.

(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve the "Service" in order to make it more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of the "Service" may, in certain situations, produce incorrect results that do not accurately reflect real people, places or facts. You must assess the accuracy of any result according to your use case, including by means of human review of the result.

C. Payment and Billing

(a) Fees and billing. You will pay all fees charged to your account ("fees") in accordance with the prices and terms set out on the applicable pricing page, or in any other written agreement between us. We have the right to correct pricing errors or mistakes, even if we have already issued an invoice or received payment. You will provide complete and accurate billing information, including a valid and authorised payment method. We will charge your payment method on an agreed periodic basis, but we may reasonably change the date on which the charge appears. You authorise Olga, as well as our third-party payment processor(s), to charge the fees to your payment method. In the event of non-payment or late payment, we may suspend access to the "Service" until payment is made. Fees are payable in euros. Payments are non-refundable, except in the cases provided for in this agreement. If you wish to dispute fees or taxes, please contact social@olgaphone.com within thirty (30) days of the date of the disputed payment. Unpaid and undisputed amounts due may be subject to finance charges of 1.5% of the unpaid balance per month. In the event of late payment of any amount of your fees, we may suspend your access to the "Service" after sending you written notice of late payment by email.

(b) Price changes. We may change our prices by posting a notice on your account and/or on our website. Price increases will take effect 14 days after being posted, with the exception of increases made for legal reasons, which will take effect immediately. Any price change will apply to the fees charged to your account immediately after the effective date of the changes.

D. Commitment Period and Termination of the "Service"

These terms take effect upon your subscription request and remain in force until terminated. Your subscription is without commitment. Any month started is due in full.

To terminate, notice of 10 days is required. This notice must be sent to us by registered letter with acknowledgement of receipt.

We may terminate these terms for any reason by giving you at least 10 days' notice. We may also terminate these terms immediately after informing you if changes occur in our relationships with third-party technology providers beyond our control, or to comply with the law or requests from public authorities. We may suspend your access to the "Service" if you do not comply with these terms, if your use presents a risk to our security or that of a third party, or if we suspect that your use is fraudulent or could give rise to liability for us or a third party.

E - Indemnification, Warranty Disclaimer, Limitation of Liability

(a) Indemnification. Neither we, nor our affiliates, nor our personnel shall be liable in any way for claims, losses and expenses (including legal fees) arising from your use of the "Service", including your content, the products or services you develop or offer in connection with the "Service", and your breach of these terms or applicable law.

(b) Disclaimer. THE "SERVICE" IS PROVIDED "AS IS". WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTY (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) REGARDING THE "SERVICE", AND DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT AND QUIET ENJOYMENT, AS WELL AS ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. OLGA implements appropriate technical and organisational measures to protect the content processed by the "Service" (encryption of exchanges, limitation of retention periods, selection of providers offering contractual guarantees), in accordance with Article 32 of the GDPR. However, as no computer system can guarantee absolute security, OLGA does not warrant that the "Service" will be uninterrupted, accurate or error-free.

(c) Limitation of liability. NEITHER WE NOR ANY OF OUR AFFILIATES SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET OUT IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

1.5 Warnings

1.5.1 Connection to the Telecommunications Network

OLGA does not provide the subscription to the telecommunications network, which the Subscriber must take out with a mobile operator of their choice.

In the event of a transfer from one operator to another, OLGA does not handle SIM card changes or the procedures for keeping the Subscriber's number.

OLGA cannot be held liable for problems (excessive telephone usage, SMS, MMS, data, number portability, etc.) relating to the contract between the Subscriber and their telephone operator.

The effective use of a telephone, particularly in an emergency, depends on the proper functioning of the network and the mobile phone. It is the Subscriber's responsibility to check that the mobile phone is in good working order and properly connected to the network.

1.5.2 Function Compatibility / Recommended Telephone Subscription

As the OLGA service is voice-based, some of its functions may depend on the choice of operator and subscription. The recommended subscription specifications for the best access to the functions are available on the website and in the start-up guide.

1.6 OLGA Support & Assistance

This service is provided by members of the OLGA team. It is accessible free of charge by email and for a fee by telephone.

1.6.1 By email

Access to support by email is free of charge, at support@olgaphone.com.

1.6.2 By telephone

Telephone support is available on the number indicated on the various OLGA materials. The applicable rate is announced at the time of the call. The Subscriber will only be charged if a conversation has begun.

2. Subscription Terms and Delivery of the Offer

2.1 Information

Telephone: the mobile phone is sold to the Subscriber by OLGA, through a representative, via the website olgaphone.com, or by one of its distributors.

Subscription: subscription to the offer, including the subscription to OLGA services, is formalised by the electronic signature of a SEPA mandate constituting acceptance of these GTCS.

Delivery: In the case of direct sale or online sale by OLGA, the phone is delivered to the address indicated by the Subscriber. Subject to availability, the equipment is shipped within 7 (seven) to 10 (ten) days of OLGA receiving notification of the Subscription. This period is indicative and no overrun may give rise to damages or withholdings. Delivery times observed after shipment are generally 2 to 4 working days in mainland France. These times are given for information only and may be extended, in particular for Corsica, island areas, rural areas or during periods of high carrier activity. OLGA cannot be held liable for delays attributable to the carrier. It is the Subscriber's responsibility to lodge any claim concerning damage or missing items sustained during transport, by registered letter with acknowledgement of receipt addressed to the carrier within three days of receipt of the equipment (copy of the letter to be sent to OLGA). In the event of non-conformity of the equipment not related to transport and noted upon delivery, the Subscriber must send their claim to OLGA by registered letter with acknowledgement of receipt within seven days of delivery, failing which the equipment will be deemed accepted. The equipment must be returned in its original condition as soon as possible, accompanied by the corresponding invoice and a description of the non-conformity. A replacement phone will be sent by OLGA.

For shipments outside the European Union or to the French overseas departments and territories (DOM-TOM), any customs duties or dock dues are not covered by OLGA.

It is the Subscriber's responsibility to ensure that correct delivery information is provided and to take the necessary steps to collect the parcel within the allotted time. If a parcel is returned due to an error or incorrect delivery address, failure to collect or refusal of the parcel, the re-delivery costs will be borne by the Subscriber. In addition, the costs of the first delivery will not be refunded.

Equipment Use: the Subscriber must use the mobile phone and its accessories (charger, cables, speaker, etc.) in accordance with the recommendations set out in the start-up guide.

Subscription Form: the Subscription process includes the electronic entry of usual information comprising the Subscriber's surname, first name, email address, postal address and telephone details. At the end of the Form, the Subscriber will read the GTCS and tick a box, not pre-ticked, certifying that they have actually read and accepted them.

Direct Debit & SEPA Mandate: whatever the method of subscribing to the offer, the Subscriber must complete and electronically sign a SEPA mandate authorising OLGA to debit from their account the amount of the subscription, options and any additional charges.

The SEPA Direct Debit Mandate is accessed differently depending on the method of payment:

online sales: the Mandate will be displayed when ordering on the website
direct sales: an OLGA adviser will present the Mandate on a dedicated platform and can help the Subscriber complete it
sales through a distributor: each distributor has its own dedicated Mandate and can help the Subscriber complete it.

The Subscriber is asked to enter their IBAN and BIC bank identifiers, available on their bank account details statement. By signing the SEPA Mandate, the Subscriber authorises OLGA to send instructions to their bank and their bank to debit their account in accordance with OLGA's instructions.

The Subscriber is entitled to a refund from their bank under the terms described in the agreement they have with it. A refund request must be submitted (a) within eight weeks of the date their account was debited for an authorised debit, (b) without delay and at the latest within thirteen months in the case of an unauthorised debit.

Electronic Signature of the Mandate: the Subscription process ends and is validated by the electronic signature of the SEPA Mandate, which constitutes acceptance of these GTCS. This signature is made via a secure platform that asks the user to provide their IBAN and mobile phone number. A unique secure code is sent by SMS to the Subscriber's mobile phone.

2.2 Details of Subscribing to the Offer

The buyer of an OLGA device through direct sale or online sale benefits from the phone preparation service before shipment: battery charged, time and date set. This service is not necessarily offered by OLGA distributors.
In the event of incorrect information provided by the Subscriber, OLGA reserves the right to suspend the order.

2.2.1 Online Subscription on the OLGA Website olgaphone.com

The contractual terms are made available on OLGA's website, in accordance with Article 1369-4 of the French Civil Code. The steps to subscribe electronically are as follows:

the Subscriber chooses the product and any options, and builds a "basket". They can check and correct their choices before confirming their order.
the Subscriber then completes the SEPA Mandate and signs it electronically, authorising payment of their invoices by direct debit. The sale price of the chosen phone and any accessories, as well as shipping costs, will be debited immediately.
OLGA acknowledges receipt of the order without delay by electronic means,
after acknowledging receipt of the order, OLGA sends the Subscriber the parcel containing the phone and any accessories.

2.2.2 Subscription via an OLGA Representative (in person or by telephone)

The contractual terms are made available by the OLGA representative. The steps to subscribe are as follows:

the Subscriber chooses the phone and any options and accessories,
with the help of the representative, they electronically complete the Subscription Form, then the SEPA Mandate, which they sign,
the Subscriber pays the price of the phone and accessories using the payment methods offered by the OLGA representative,
after acknowledging receipt of the order, OLGA sends the Subscriber the parcel containing the phone and any accessories, if these were not handed over directly by the representative.

2.2.3 Subscription via a Distributor

The contractual terms are made available by the distributor. The terms, prices and methods of sale of the device are determined by the distributor.

The distributor must inform the Subscriber that the OLGA system operates on a subscription basis and have them complete the Subscription Form.

The order is validated by the electronic signature of the SEPA Mandate, authorising OLGA to collect payment of its invoices by direct debit. The price of the first month's subscription and the price of any options will be debited within two days.

3. Right of Withdrawal

In accordance with Article L.221-18 of the French Consumer Code, a Subscriber who is a natural person acting in a non-professional or non-commercial capacity has a period of fourteen (14) days from receipt of the goods to exercise their right of withdrawal, without having to give reasons for their decision.

Withdrawal may be notified using our online withdrawal form, which sends an acknowledgement of receipt, using the model form at the end of this article sent by post to FLAGTORY SAS – Service Client Olga, 25 rue Pauline Borghèse, 92200 Neuilly-sur-Seine, France, or by any other unambiguous statement sent by post or via our contact form.

The Subscriber returns the equipment at their own expense, no later than fourteen (14) days after communicating their decision to withdraw.

In accordance with Article L.221-23 of the French Consumer Code, the Subscriber may be held liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the product.

This diminished value may result in particular from damage, signs of use or deterioration affecting the device, as well as from the deterioration or loss of the original packaging where such packaging is specific, identified (serial number, IMEI, manufacturer code) and necessary for resale of the product as new.

In such cases, the Company reserves the right to apply a proportionate and justified reduction to the amount refunded, corresponding to the loss of value observed.

The refund of the balance due is made within fourteen (14) days of recovery of the goods or proof of their shipment.

Following receipt of the returned equipment, the Company will refund the sums paid by the Subscriber, subject, where applicable, to a proportionate and justified reduction corresponding to the diminished value observed of the goods or their packaging, in accordance with the provisions of Article L.221-23 of the French Consumer Code.

If all the ordered equipment is not returned in its original condition, the Company reserves the right not to refund the sums paid.

3.1 Model Withdrawal Form

To be completed and returned only in the event of withdrawal. For the attention of FLAGTORY SAS – Service Client Olga, 25 rue Pauline Borghèse, 92200 Neuilly-sur-Seine, France. "I hereby give notice that I withdraw from my contract of sale of the goods below" — invoice number, order date, date of receipt, name of consumer, address of consumer, date, signature of consumer (only if this form is notified on paper). This form can be completed online or printed pre-filled from our withdrawal form.

4. Commencement and Duration of the Subscription

Any new subscription entails a firm commitment of 12 months (the "Commitment Period"). The services take effect and are invoiced by OLGA two days after shipment of the phone, or on the day the service is made available, if earlier. The subscription is concluded for a minimum period of 12 months, renewable by tacit renewal at the end of the Commitment Period.

5. Prices

5.1 Purchase Price of the Phone

The purchase price of the OLGA Phone including VAT, plus shipping costs, is payable in full when ordering.

5.2 Price of Services

a) Subscription price

The subscription price is set in the OLGA Pricing Conditions, available on olgaphone.com. OLGA reserves the right to change the price at the end of the Commitment Period, provided that it informs the Subscriber in writing two months in advance. If the Subscriber disagrees with the new rate, they have one month from the date of receipt of OLGA's letter to terminate their subscription by registered letter with acknowledgement of receipt.

b) Telephone support price

Time spent with the OLGA operator is billed at the applicable rate, plus the cost of a call to a landline number in France.

c) Software reconfiguration price

The cost of a software reconfiguration is €90 including VAT (return shipping costs not included).

d) Technical assistance price

The cost of a repair following the sending in of a device (excluding software reconfiguration) will depend on the type of repair. A quote will be provided.

5.3 Invoicing / Payment Terms

Invoices for the subscription and OLGA services are issued and sent electronically to the email address provided by the Subscriber. Paper invoices are not sent by post for monthly subscription invoices. Invoices are issued monthly and are payable in full by direct debit. Each month, the invoice includes the amount of the subscription and any options for the current month, as well as any amount not yet invoiced for out-of-plan services from the previous month(s). Any failure to pay the subscription, for whatever reason, will entitle OLGA to restrict or suspend, without notice, all or part of the service.

In the event of a direct debit rejection attributable to the Subscriber (insufficient funds, bank stop, incorrect details), a flat administration fee of €1 including VAT per rejection may be charged to cover the administrative costs of handling the payment incident.

A formal notice sent to the Subscriber that remains unanswered for 8 (eight) days will entitle OLGA to terminate the subscription, with the same financial consequences as if the termination had been initiated by the Subscriber. OLGA will notify the Subscriber in arrears by ordinary post or by email.

5.4 Time Limit

A claim relating to an invoice is not admissible if it is submitted more than one year after the date of issue.

6. Obligations, Liability and Exclusions

OLGA is not the manufacturer of the phone or of the third-party accessories offered. These products bear, where applicable, the CE marking and comply with the applicable regulations. OLGA cannot be held liable for design or manufacturing defects attributable to their manufacturers. As the seller, OLGA applies the two (2) year legal guarantee of conformity (French Consumer Code, art. L.217-3 et seq.) as well as the guarantee against hidden defects (French Civil Code, art. 1641 et seq.). In the event of a failure, the Subscriber contacts OLGA, which implements these guarantees, without prejudice to the rights the Subscriber may exercise directly against the manufacturer. The legal guarantee does not cover normal wear and tear of accessories (cases, cables, etc.) or damage resulting from improper or inappropriate use. Improper use includes, in particular, exposing the phone or its accessories to a temperature above 35 °C, the threshold recommended by manufacturers, to humidity, to shocks or to drops.

OLGA undertakes to deploy its human and material resources to provide the Subscriber with the services described herein, but cannot commit to an obligation of result. By express agreement between the parties, OLGA's obligations constitute an obligation of means. Its liability may only be sought in the event of duly proven fault.

Certain OLGA functions, in particular those relating to voice calls, are subject to the limitations imposed by the Android operating system and/or by the applicable regulations on electronic communications. These limitations are intended in particular to ensure safety and compliance of use. Consequently, OLGA cannot guarantee the availability or automation of certain functions and shall not be held liable for the consequences of these restrictions. The user retains at all times the ability to use the native functions of the phone provided by the manufacturer and the operator, in particular for essential communications.

OLGA does not act as a telephone operator running a telecommunications network. OLGA cannot be held directly or indirectly liable for the total or partial impossibility for the Subscriber to use the telephone communications service, in particular in the following cases:

Improper use or inappropriate conditions of storage and use of the phone,
Use of a phone not supplied or not selected by OLGA;
Alteration or malfunction of the phone or of the equipment and/or networks of French and foreign telecommunications network operators interconnected with the OLGA service, or of third-party operators;
Maintenance, repair, reinforcement or extension operations on the network;
Updates and modifications to the Android system;
Updates and modifications to external modules not developed by OLGA;
Unavailability, modification or withdrawal of a third-party service: OLGA cannot be held liable in the event of the unavailability, modification or withdrawal of a third-party service required for the proper functioning of certain phone functions, including but not limited to voice recognition, online search, mapping services, or any other module developed and operated by an external entity. The Subscriber acknowledges that these third-party services are independent of OLGA and that their operation is subject to the terms of use and decisions of the companies operating them. Consequently, OLGA cannot be held liable for the degradation or removal of certain phone functions resulting from changes to or discontinuation of these external services.
Certain OLGA functions rely on remote technical services operated for the internal needs of the service. These services do not constitute a hosting or cloud service provided to the Subscriber and are not subject to any guarantee of availability or continuity;
Suspension of the Service in the cases referred to in Article 11;
Occurrence of a force majeure event. In addition, OLGA cannot be held liable in the following circumstances: failure or breakdown of the Subscriber's electrical installation for whatever reason (including due to certain natural phenomena such as lightning, storms, etc.), operating incident of the Subscriber's phone, for whatever reason, improper use of the phone (including failure to keep the battery charged) and/or damage caused by the Subscriber, incorrect declaration, absence or failure of the Subscriber's contacts.

Finally, OLGA cannot be held liable for failures (delay or impediment) in the performance of its services resulting from force majeure or events beyond its direct control. OLGA's financial liability towards the Subscriber is limited to the amounts of the services invoiced to them. Whatever the cause, OLGA cannot be held liable for any indirect loss that the Subscriber may suffer. The above limitation of liability does not apply where prohibited by law.

OLGA facilitates the dialling of calls, without guaranteeing access to emergency services, which depends on the native functions of the phone and the operator's network.

7. Obligations of the Subscriber

The Subscriber undertakes to provide OLGA with all the information necessary for the provision of the services and to keep it regularly updated. If OLGA provides credentials allowing the Subscriber to access the account relating to their phone or subscription on the website olgaphone.com, the Subscriber undertakes to keep their credentials secret and not to disclose them in any form whatsoever. In the event of loss, theft or misappropriation of the credentials by third parties, the Subscriber undertakes to notify OLGA without delay. Failing this, OLGA will be released from all liability if it is unable to perform the services provided for.

8. Personal Data & Confidentiality

We take the confidentiality of your data very seriously. The processing of personal data carried out by OLGA complies with Regulation (EU) 2016/679 of 27 April 2016 ("GDPR") and the French Data Protection Act of 6 January 1978 as amended.

The information that may be collected by the OLGA services is intended exclusively to:

allow you to use the OLGA system
contact you for information purposes,
send you partner offers, if you have opted in
collect payment of the monthly subscription

Due to the very nature of how a website operates, certain non-personal information may also be collected by third parties, such as the page visited, the version of your browser or operating system used and your IP address.

All precautions have been taken to store your information in a secure environment. The data collected is processed by computer for the operation of the service. It is used by OLGA's internal departments. OLGA undertakes to guarantee and to ensure that its staff and agents respect its strictly confidential nature.

In accordance with the GDPR, the Subscriber and the User have the right of access, rectification, erasure, restriction of processing, portability and objection regarding data concerning them, as well as the right to give instructions regarding the fate of their data after their death. These rights may be exercised by sending a letter stating surname, first name and call number, accompanied by a copy of an identity document, to the following address: OLGA, Flagtory SAS – 25 rue Pauline Borghèse, 92200 Neuilly-sur-Seine, France, or by email to support@olgaphone.com. In the event of difficulty, a complaint may be lodged with the CNIL (www.cnil.fr).

OLGA uses the YouTube API services, enabling the integration of video content directly on our platform. By using OLGA, you acknowledge and accept that:

- The use of our service, which incorporates functions provided by the YouTube APIs, is subject to the YouTube Terms of Service. We invite you to read them carefully in order to understand your rights and obligations when accessing YouTube content via OLGA.
- Interactions with YouTube services through OLGA are governed by the Google Privacy Policy, which describes how your data is processed when using YouTube services.

This integration aims to enrich your user experience by providing you with direct access to relevant, high-quality video content.

8.1 Information Collected by OLGA

a) Personal information

OLGA collects personally identifiable information, such as: surname, first name, email address, telephone number, postal address of the Subscriber, and of any carer if different from the Subscriber.

b) Banking information

OLGA collects the banking information from the SEPA mandate completed by the Subscriber in order to collect the monthly subscription.

c) Usage information

OLGA also collects information on the functions used and the services accessed, which is transmitted automatically by the device during use of the OLGA services. In the case of browsing on the website, this information includes cookies and the User's IP address.

d) Retention periods and processors

The Subscriber's and User's data is retained for the duration of the contract, then for the applicable statutory limitation periods. Documents photographed as part of the conversational intelligence service are retained only for the time needed to process the request (see Article 1.4.1.B). Recordings of conversations with support are retained for two months (see Article 10). To provide its services, OLGA uses processors (hosting, payment provider, artificial intelligence providers), who are contractually bound to protect the data and to use it only for the purposes of the services entrusted to them. Where data is transferred outside the European Union, the transfer is governed by appropriate safeguards within the meaning of the GDPR (adequacy decision or standard contractual clauses).

e) Use and disclosure of information

Personally identifiable information is displayed on the User's profile and on their personal OLGA application.

OLGA uses their name to identify them in its database and to personalise the services offered.

OLGA uses the email address to contact the User from time to time. OLGA may also use it for security reasons, so that the User can confirm that they are who they say they are.

OLGA may use information collected automatically, such as information stored via cookies and information about the use of OLGA, to obtain statistics on the number of visitors to the OLGA service and to personalise the content, layout and services of OLGA.

If the Subscriber has authorised it when registering, they may receive emails from OLGA's partners.

We may provide your personally identifiable information, data generated by cookies and aggregated information to service providers and agencies that we may engage to help us provide our services to you. These third parties will be required to use your personally identifiable information only in the context of the services they provide to us.

Personally identifiable information about you as a user of OLGA, including the content of your online communications, may be accessed or disclosed in response to legal proceedings; in other circumstances in which OLGA believes the Services are being used in the commission of a crime; where OLGA has good reason to believe that there is an emergency posing a threat to your safety or the safety of another person; or where necessary to protect the rights or property of OLGA, or to enable OLGA to provide the service you have requested.

OLGA reserves the right to transfer your personal details in the event of a transfer of ownership of olgaphone.com or any other service related to OLGA, for example following a merger or acquisition by another company. If an acquirer intended to change this privacy policy, OLGA would inform you in advance.

9. Intellectual Property

a) Copyright: OLGA and all its content, including but not limited to text, graphics, images, logos, icons, audio and video files, as well as their selection and arrangement, are the exclusive property of the Provider or its licensors and are protected by French and international copyright laws.

b) Limited licence: Subject to your compliance with these terms, OLGA grants you a limited, non-exclusive and non-transferable licence to use OLGA for personal, non-commercial purposes, in accordance with the terms and conditions set out herein.

c) General prohibitions: You undertake not to copy, modify, distribute, publicly display, reproduce, reverse engineer, decompile, disassemble, attempt to extract the source code of, create derivative works from, or otherwise exploit OLGA, in whole or in part, unless expressly permitted by applicable law.

d) Additional restrictions: You also undertake not to circumvent, disable or otherwise interfere with the security features of OLGA, not to use OLGA in a manner that could damage, disable, overburden or impair the operation of OLGA, or to use OLGA fraudulently or unlawfully.

10. Recording of Conversations

In order to improve the quality of its service, OLGA reserves the right to record conversations between the Subscriber and OLGA's employees or representatives. These recordings are kept for a period of 2 months and then destroyed.

11. Suspension of the Service

OLGA may suspend all or part of the service to the Subscriber, without notice, in any of the following cases:

failure to pay, meaning in particular a direct debit rejection not rectified within three (3) working days;
absence of a valid SEPA mandate or active payment method, including in particular a bank stop, closure of the account linked to the SEPA mandate or repeated failure of direct debits;
death of the Subscriber or the User;
non-compliance by the Subscriber with any of the clauses of these general terms and conditions;
use of the service for unlawful purposes.

In the event of suspension of the service, the Subscriber remains liable, throughout the suspension period, for all sums invoiced by OLGA, and in particular for the amount of the service subscribed to by the Subscriber. If the cause of the suspension has not been resolved within thirty working days of the date of suspension, OLGA may terminate the Contract by operation of law. In this case, if the termination occurs before the end of the Commitment Period, all sums due to OLGA and remaining until the end of that Commitment Period become immediately payable and are invoiced to the Subscriber, subject to more favourable legal provisions.

12. Termination

Any termination must be sent by registered letter with acknowledgement of receipt. In the event of termination by the Subscriber other than in the cases described below in 12.1 and 12.2, the Subscriber must notify OLGA of the termination by registered letter with acknowledgement of receipt, and pay the current monthly subscription until the end of the Commitment Period.

12.1 Termination outside the Commitment Period

The Subscriber may terminate their Subscription at any time after the first Commitment Period with 30 days' notice to the end of the month. The termination then takes effect on the last day of the month following receipt of the termination request.

12.2 Exceptional Termination

The subscription may be terminated exceptionally before the end of the Commitment Period in the following cases: (i) death of the User, (ii) long-term hospitalisation of the User (3 months or more), (iii) irreversible medical incapacity of the User to use the phone. These events must be supported by a death certificate or a medical certificate. The termination then takes effect on the last day of the month following receipt of the termination request.

12.3 Termination by OLGA

Apart from the cases of non-payment of subscription instalments referred to above, OLGA may terminate the subscription, or an option of the subscription, without giving reasons, provided that it notifies the Subscriber by registered letter with acknowledgement of receipt or any other means allowing acknowledgement of receipt by the Subscriber, with three months' notice. The services and associated invoicing will cease when the termination takes effect.

13. Limitation Period

Any action arising from this contract and not referred to in Article 5.4 is time-barred two years from the event giving rise to it.

14. Consumer Mediation

In accordance with the provisions of the French Consumer Code relating to the amicable settlement of disputes, the consumer may refer a dispute free of charge to the consumer mediator to which Flagtory SAS belongs:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu, 75008 Paris, France
www.cm2c.net
+33 1 89 47 00 14

15. Applicable Law

The law applicable to these General Terms and Conditions and to the Subscription Agreement is French law. In the event of a dispute, the statutory rules on territorial jurisdiction shall apply.