Fairphone Devices are shipped with Android OS. This agreement (the “Agreement”) provides the terms and conditions of use for Android OS, and any other software components and updates that we make available to you based on this Agreement (the “Software”). Please review it carefully and contact us in case of any unclarities. Fairphone devices require the use of preloaded software for its normal operation. By using, downloading and installing the Software in any way, you agree with the terms and conditions of this Agreement.

The Software contains Fairphone proprietary rights and third-party proprietary rights. Fairphone and its third-party suppliers and licensors retain all rights, titles and interest in and to the Software.

Fairphone Proprietary Rights: Subject to the limitations in this Agreement, we are granting you a non-exclusive, non-assignable, free of charge license to the Software for personal, non-commercial use in conjunction with your Fairphone device (“Permitted Use”). You are entitled to transfer rights and obligations to the software to a third party, solely together with the device with which you received the software, provided the third party agrees in writing to be bound by the terms of this License. In case you would like to use the Software in a different manner than the Permitted Use, please contact us. Different terms and conditions may apply.

Third Party Proprietary Rights: You acknowledge that besides Fairphone’s own rights, the software includes proprietary rights of third parties as well. For these portions of the Software (“Third Party Software”), we can only give you the rights of use that such third party allowed us to give you. Some Third Party Software is open source but some of it is not. Please check the Legal Notices section in the Settings menu of your device for the applicable third party licenses that we are able to make available to you. The Legal Notices section can be found on your Phone as follows:

• Tap Settings;
• Tap About Phone;
• Tap Legal Information.

Remember that specific terms and conditions and limitations may apply to you in case of Third Party Software.

If and where applicable or allowed, you may submit to us your own materials by integrating them into the Software, sending them to us, or by any other manner. In this case, you grant us a non-exclusive, royalty-free, worldwide and perpetual right to use, modify, distribute, and prepare derivative works of such material for the purposes of enabling you to use the Software in its intended manner. You will remain the owner of such material at all times. This clause applies, unless you inform us otherwise in writing.

We may change the terms and conditions applicable to this Agreement and/or to other documents referred by it. We may also change them for clarification purposes, based on your feedback.However, it is your own responsibility to check the changes made.

The software embedded in the Product has been tested to work with the Product, however Fairphone does not warrant that software preinstalled by or on behalf of Fairphone on the Product (or subsequent updates and upgrades) will meet your requirements, work in combination with any hardware or software not provided by us, will operate uninterrupted or error free, or that we will correct all software errors.

Therefore you may experience some problems and interruptions in the use of Software. If so, please let us know as soon as possible by contacting us here.

For the Software embedded in the Product we will provide you software updates throughout the two (2) years warranty period. However, for Third Party Software, we depend on these third parties to make the updates available in a timely manner (e.g., Google or our chipset provider Qualcomm). Even with the provisions of these updates, we do not guarantee that the Software will be error free.

Please allow us a reasonable amount of time to deal with identified errors.
Keep in mind that this warranty provision is applicable only to devices running the latest version of the unmodified and officially released Software by Fairphone, therefore we will only provide support and fixes for the unmodified and officially released Software by Fairphonen.

Please have a look at our Privacy Policy available on our Website in order to see how we collect and process personal data in a general manner. Your acceptance of the Privacy Policy is required before you can use any parts of our Software that require you to submit personal data to us.

We collect the IMEIs, serial numbers of devices and other device data (such as activation date, software version, and operator) to assess and improve company processes, such as stock management, warrant service, and sustainability impact. We may also collect anonymous diagnostics and usage information about your use of our Products. The collected data can be used for the purposes of providing support services, further improving the Software, and to track Fairphone’s progress towards Fairphone’s sustainability impact. For any questions or queries, please contact privacy@fairphone.com.

When you download and/or install third party software or application specific applications on your phone (“External Services”) on your phone, the developer or owner of such external services may have access to your personal data. Please make sure you understand and agree with how they will access and process your data before downloading or installing the software. You agree to use External Services at your own risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services and we are not liable for any such third-party External Services.

In case you fail to comply with this Agreement, we may terminate it through a notice sent to you. The termination will operate automatically from the moment when you receive the notice. In case of termination, we will ask you to take all reasonable actions and measures we consider appropriate, including measures in regard to Software or indemnifications as a result of such termination.

Below you can find examples of non-compliances with this Agreement:

• Actions related to Software that may result in a breach of proprietary rights of third parties, without having the relevant permissions;
• Transmitting any worms or viruses, or codes of a destructive nature;
• Any actions such as collecting third parties personal data in violation of any data protection and/or privacy laws;
• Using our Software for any illegal, fraudulent or unauthorized purpose;
• Copying any elements of our proprietary Software, without our prior written consent;
• Circumventing or breaching any security or any authentication measures put in place by us or third parties;
• Providing us false or misleading information;
• Encouraging or facilitating any third party to do any acts that would infringe this Agreement.

Dutch law applies to this Agreement. All disputes arising in connection with this Agreement shall be brought before the competent Dutch court. Nothing in this agreement, affects your rights as a consumer to rely on mandatory provisions of local law.

This Agreement and any documents referred by it, and the Warranty Statement are part of the Terms and Conditions of Sale and shall be read and applied in conjunction with such documents.