Rainbow Terms of Services

This is an agreement between (a) you (“you“, “your”), the user of the Rainbow Service described in Section 2 below (“the Rainbow Free Service” or “the Service”) and (b) ALE International or its affiliated entity ALE USA Inc. (“ALE”, “we”, “us”, “our”) depending on your location as specified when subscribing to this Service, i.e. ALE will be designating either ALE USA Inc. if you are located in the USA or ALE International if you are located in any other country of the world.

BY CREATING YOUR RAINBOW ACCOUNT AND BY USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE INCLUDING ALE'S GLOBAL PRIVACY AND DATA PROTECTION POLICY (THE ALE GLOBAL PRIVACY POLICY) AND THE RAINBOW DATA PRIVACY NOTICE (COLLECTIVELY THESE “TERMS”).

If you do not agree with any of these Terms, please do not use the Service.

Furthermore, your continued use of the Rainbow Free Service following any revision of these Terms made by ALE pursuant to Section 2 below will signify your assent to and acceptance of such revised terms.

Subject to your acceptance of these Terms as set forth above, you may download the software application of the Rainbow Free Service (“Software”) in order to ease your access to the Service. Such Software is licensed to you under ALE’s EULA (End User License Agreement) which must be accepted by you when downloading the Software.

YOU AGREE AND ACKNOWLEDGE THAT IF YOUR COMPANY OR OTHER LEGAL ENTITY SUBSCRIBES TO A RAINBOW SERVICE OFFER EITHER DIRECTLY FROM ALE OR THROUGH AN AUTHORIZED BUSINESS PARTNER, THEN SPECIFIC TERMS OF USE DULY ACCEPTED BY YOUR COMPANY AND/OR ENTITY SHALL APPLY TO YOUR COMPANY OR YOUR ENTITY AND TO YOU AS A USER OF SUCH COMPANY OR ENTITY AND SHALL HAVE PRECEDENCE OVER THESE FREE TERMS OF SERVICE.

IN SUCH CASE, YOU MAY ACCESS THESE SPECIFIC TERMS OF USE THAT BIND YOUR COMPANY OR YOUR ENTITY BY DIRECTLY ASKING THE ADMINISTRATOR OF THE RAINBOW SERVICE WITHIN YOUR COMPANY OR ENTITY.

Rainbow Service is not intended to be used for recreation or entertainment purposes or for use by children and teenagers. Rainbow Services can only be used by a person having the age of “majority” as defined in your jurisdiction with respect to the children protection regulations or having a valid parent or legal guardian consent. If We learn that the Personal Data of non-adults have been collected through Rainbow Service, then We may deactivate the involved account(s) (including your and your Users’ account) and/or make the Service inaccessible to you and any of your Users pursuant to Section 3, paragraph E unless Rainbow is used for educational purposes under the control and responsibility of the institutions subscribing to the Service.

Service Requirements: IP Network Sufficiency

You acknowledge and agree that: (i) Rainbow Service requires a properly-configured, high performance, enterprise-grade broadband IP network and connection; (ii) use of Rainbow Service with any lesser network, services, or connection may result in partial or complete unavailability, interruption, or under-performance of the Rainbow Services or other services utilizing the same network, services, or connection; and (iii) 3G or 4G networks are not recommended for use with the Rainbow Services.

A. Scope of the Terms

These Terms govern your use of the Free Rainbow Service as described below as well as the use by all the other users of the Service who are in your contact list or otherwise part of the authorized group of users as referred to in Section 4 “User Content submission” below (collectively the “Users” or “Rainbow Users”).

These Terms shall constitute the entire agreement between you and ALE concerning the Rainbow Free Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and ALE's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

To the extent permitted by applicable law, ALE may update and make changes to these Terms from time to time without prior notification and will post the updated Terms onto the Site or may otherwise notify you. When ALE does so, we will also revise the date at the top of the first page of these Terms and you acknowledge and agree that such revised Terms will be enforceable against you. With respect to the Data Privacy Notice Supplement specified in these Terms, material changes will be notified to you by placing prominent notice on the Site.

B. Rainbow Free Service

The Rainbow Free Service is the set of services made available by ALE through the following website: Rainbow (“Site”) and encompasses the following:

• Communication service which allows you to exchange text messages and make WebRTC voice and video calls, share your computer screen, exchange files; and
• Social network service which allows you to connect to Rainbow Users, store contact Users in your contact list, create groups of contacts to use the communication service and exchange information.

Currently, the Service accessibility depends on the device used by you, e.g. the Rainbow Free Service is available for use with iPhone®; Android ™; Windows ® Desktop; Mac® Desktop.

C. Free Individual Use

The Rainbow Free Service is provided for individual use free from any charge to be paid to ALE for such usage.

ALE may change the features or use of the Rainbow Free Service at its own discretion and without prior notice. Consequently, the Services as described in paragraph B above may no longer be available when you enroll to the Service.

D. Push Notifications

You can choose to allow the Service to notify you about new messages and other activity even when you do not have the Service application open. User information collected by the Service is shared with third-party push notification services and mobile operators when Users allow push notifications.

A. Permission to Use the Service

Subject to your compliance with these Terms, ALE hereby grants you permission to use the Service, provided that:

• your use of the Service as permitted is solely for your individual use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms;
• you will not duplicate, transfer, give access to, copy or distribute your user account without ALE's prior written authorization;
• you will not attempt to reverse engineer, alter or modify any part of the Service.

B. Personal Information

In order to access and use the features of the Service, you acknowledge and agree that you will have to provide ALE with your first name, surname and your email address.

You acknowledge and agree that you are solely responsible for the accuracy and content of your personal information.

C. Optional Information

Optionally you may provide your mobile (cell) phone number. Upon your consent given through and when downloading the mobile application of the Rainbow Free Service, the Service will be given access to your contact list and/or address book on your mobile device(s) to find and ease the invitation process of your mobile contact(s) based on such contact(s) respective email address.

D. Password and Account Security

For connecting to the Service, you will be required to use a password. You agree that your use of the Rainbow Free Service shall be at your sole risk and that you are fully responsible and liable for maintaining the confidentiality of your password, and for any and all activities that occur under your password as well as for any loss or damage incurred by ALE or any third party due to the use of your password or account by someone else.

You agree to notify ALE immediately of any unauthorized use of your password and/or account or any breach of security.

If you have any security or vulnerability information to provide to ALE for service enhancement that could benefit to the other users of the Rainbow Service with regards to security and privacy, please contact us via the Rainbow support services or ALE PSIRT program.

E. Violations and Account Termination

In case of violation of any applicable law, regulation, and/or of these Terms (including without limitation breach of any of your representations and warranties set forth herein), ALE may deactivate and delete your account and any or all of your related data, information, and files.

ALE has the right, but does not assume the obligation, to monitor and investigate violations of these Terms. Failure to comply with or breach of these Terms constitutes a material breach of the terms and conditions upon which you are permitted to use the Services.

A. Content Submissions

The Rainbow Free Service allows Rainbow Users to submit Content. The Service also submits automatically to Users your Presence information as specified in Rainbow Data Privacy Notice.

For the purpose of these Terms, Content submitted by Users and Users’ Presence information submitted by the Service are designated collectively the “Content Submissions”.

For the purpose of these Terms, “Content” means any and all (a) visual, written or audible communications, files, data documents, videos, or recordings; and/or (b) any other material displayed, posted, uploaded, stored, exchanged or transmitted on or through your use of the Rainbow Service or otherwise provided on a web site or on-line space related to the Rainbow Service you send directly to other Rainbow Users.

The submission of your presence information Content is done on an automatic basis.

B. Intellectual Property Rights in Content

You retain intellectual property rights (if any vested) in your Content Submissions subject to third party’s intellectual property rights.

C. Responsibility for Content

You shall be solely responsible for your own Content Submissions and the consequences of posting or publishing them.

In connection with Content Submissions, you represent and warrant that:

• you own or have the necessary licenses, rights, consents, and permissions to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content Submissions;
• you have the written consent, release, and/or permission of each and every identifiable individual person in the Content Submission.

Because ALE, through the Service it provides, is only acting as a repository of data, user’s submitted Contents do not necessarily represent the views or opinions of ALE.

D. Third-Party Websites

Information provided to you by Users through the Rainbow Free Service may contain links to third party websites that are not owned or controlled by ALE.

ALE has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites.

You agree not to use or launch any manual or automated system, including without limitation, “robots,” that accesses the Service in a manner that sends more request messages to the servers hosting the Rainbow Free Service in a given period of time than a human can reasonably produce in the same period.

In connection with Content Submissions, or the use of the Service you further agree that you will not and will not permit, encourage, facilitate or instruct any other person to:

• submit material that infringes copyright, trade secrets, privacy, publicity, or other third-party proprietary rights;
• publish falsehoods or misrepresentations that could damage ALE or any third party;
• submit unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive material;
• post unsolicited advertisements or solicitations of business;
• impersonate another person or assume a sender's identity without permission;
• send or store software viruses, worms, Trojan horses or other harmful computer code, or distribute Spam;
• interfere with or disrupt the integrity or performance of the Service;
• attempt to gain unauthorized access to the Service or related systems or networks;
• attack, abuse, interfere with, surreptitiously intercept, or disrupt users, systems or services;
• disable, interfere with, abuse, disrupt, intercept, circumvent or otherwise violate the security of the Services;
• intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data used by ALE without authorization.

Artificial Intelligence Functions

The Rainbow Free Service may embed artificial intelligence features (“AI Functions”).

When using the AI Functions, you undertake to use them in accordance with Regulation (EU) 2024/1689 establishing harmonized rules concerning artificial intelligence, and any legislation or regulation that may supplement or replace it (the “AI Act”).

You are prohibited from using the AI Functions in any manner forbidden by the AI Act and, more generally, in any situation presenting a significant risk of harm to the health, safety, or fundamental rights of natural persons.

Unless prior written consent is given by ALE, you undertake not to make substantial modifications to the AI Functions nor to alter their purpose, intended use, domains, or contexts of use in such a way that they may fall under a more stringent regulatory regime.

THE SERVICE IS NOT INTENDED TO MAKE OR FACILITATE CALLS TO EMERGENCY NUMBERS (INCLUDING WITHOUT LIMITATION 911 FOR THE UNITED STATES AND CANADA, 112 FOR EUROPEAN UNION, 999 FOR THE UNITED KINGDOM, 000 FOR THE COMMONWEALTH OF AUSTRALIA), AND ANY OTHER SUCH EMERGENCY NUMBER.

In the event of an emergency, you must use an alternative service obtained through a PSTN third-party provider.

The design of the Rainbow Free Service along with ALE created text, scripts, graphics, interactive features and the like, except Content Submissions, and the trademarks, service marks and logos contained therein (“Marks”), are owned or licensed to ALE, subject to copyright and other intellectual property rights under French and foreign laws and international conventions.

ALE reserves all rights not expressly granted in and to the Service.

You agree to not engage in the use, copying, or distribution of any part of the Service other than as expressly permitted herein.

If you have good reasons to believe that materials have been used on the Site in a way that constitutes copyright infringement, please provide the following information to the ALE International Copyright Agent:

• A description of the materials and their location on the Site;
• Your first name, surname, physical address, telephone number, and email address; and
• A statement that you believe in good faith that the use of the materials is not authorized and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.

The ALE International Copyright Agent may be reached at:

ALE International
Legal – Intellectual Property
32, avenue Kléber
92707 Colombes Cedex – France

THE RAINBOW FREE SERVICE, AS WELL AS ANY AND ALL THE INFORMATION MADE AVAILABLE BY ALE ON THE SITE (INCLUDING THE SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

To the fullest extent permitted by law, ALE disclaims any and all warranties, express or implied, in connection with the Service and your use thereof.

ALE does not warrant that the Service, Software, Site, servers or other information and materials will be free from errors, bugs, omissions, mistakes, viruses, unauthorized access, unlawful intrusion or attacks.

No warranty is given as to the use of the Service in high-risk situations requiring fail-safe performance.

IN NO EVENT SHALL ALE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR ANY THIRD PARTY HAVING BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SERVICE AND THE SITE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Where applicable law does not permit the exclusion of liability but permits liability to be limited, ALE’s aggregate liability under these Terms shall be limited to ten euros or the equivalent amount in US dollars at the time the claim is made.

You agree to defend, indemnify and hold ALE, its affiliates, their respective officers, directors, employees and agents harmless from and against claims, damages, obligations, losses, liabilities, costs, debt and expenses arising from or in connection with:

• your use of and access to the Rainbow Service;
• your violation of any term of these Terms;
• your violation of any third party’s right, including intellectual property rights regarding your Content submission; or
• any claim that one of your Content Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms and your use of the Rainbow Free Service.

You represent and warrant that you are not located in a country subject to an applicable government embargo and that you are not listed on any applicable government list of prohibited or restricted parties.

If you use the Services within your employment with a legal entity, you represent that you have full ability and right to use the Service within your employer’s environment and that such usage does not violate applicable internal rules or corporate policies.

These Terms and any rights granted hereunder may not be transferred or assigned by you to any third party, but may be assigned by ALE without restriction, in whole or in part, to an affiliate or subcontractor without your consent.

Any such subcontract shall not relieve ALE of any of its obligations under these Terms.

Subject to local mandatory provisions under applicable law:

• These Terms shall be governed by and interpreted in accordance with the laws of France, except if you are located in the United States of America, in which case the laws of the State of California apply.
• Any dispute shall be submitted to the exclusive jurisdiction of the Courts of Paris, France, except for users located in the United States, for whom the applicable California state and/or federal courts in Los Angeles County have jurisdiction.

ALE may seek interim injunctive relief in any court of appropriate jurisdiction with respect to alleged breaches of intellectual property or proprietary rights.

ANY LEGAL ACTION AGAINST ALE ARISING OUT OF OR RELATED TO THE RAINBOW FREE SERVICE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

Our policies with respect to your Personal Data that ALE collects and uses to provide the Rainbow Free Services are set forth in the ALE Global Privacy Policy and the Rainbow Data Privacy Notice.

By accepting these Terms and using the Service, you consent to our collection and use of your Personal Data as stipulated in the above documents.

A. Export Control

The Rainbow Service and Software may be subject to local and extraterritorial export control laws and regulations. You shall comply with such laws and regulations governing use, export, re-export, and transfer of the Rainbow Service and Software and will obtain all required local and extraterritorial authorizations, permits or licenses.

B. Applicable Laws

You will comply with all applicable laws and regulations related to your receipt and use of the Rainbow Free Service.

You must ensure you have the right to use all features of the Rainbow Free Service in your jurisdiction.

C. Special Note to International Users

The Site and Service are hosted in servers located as per the RAINBOW DATA PRIVACY NOTICE and are intended for and directed to Users worldwide.

The designer and developer of the Service as well as the Data Controller concerning the processing of your Personal Data is ALE International, a France corporation formed as a “Société par Action Simplifiée” with registered office address at 32, Avenue Kléber 92700 Colombes, France, registered at the Nanterre Commerce and Companies Registry under number 602 033 185 RCS Nanterre.

More information is available on the Alcatel-Lucent Enterprise website.

Rainbow and the rainbow logo are trademarks and service marks of ALE International and may not be used, in whole or in part, in any manner without ALE International’s prior written permission.

Should any discrepancy occur between the English and the translated version(s) of these Terms, the English version of these Terms shall prevail.

D. Third Party Features

Rainbow may provide the capability for you to link to or integrate with third party applications (“Third Party Services”).

ALE is not responsible for and does not endorse Third Party Services. Your use of Third Party Services is governed solely by the terms for those Third Party Services.

By using the third-party Google Maps feature on Rainbow when you share your geographic position, it is your responsibility to ensure that you abide by the Google Maps terms of service.

ALE shares with Google Maps only your position, and not your personal data.

If you choose to enable synchronization with your Google account and services, ALE adheres to the Google API Services User Data Policy, including the Limited Use requirements.

E. Subcontractors

You acknowledge that by using Rainbow, ALE uses subcontractors.

F. Protection of Records

ALE implements all appropriate measures to protect the records that are stored and processed for the use of the Rainbow service.