Legal notice & Terms of Use

Legal notice

Losali is a service operated by Obinova (hereinafter "the Company"), accessible in particular via the site losalidirect.com.

1. Definitions

• The Company: Obinova, publisher and operator of the Service.
• The Service / Losali: the telephone connection service described in article 3.
• The User (or the Caller): any person holding an account and using the Service.
• The Called Party: the destination number that the User wishes to reach.
• The Credit: the prepaid balance associated with the User's account, debited on each call.

2. Purpose and acceptance

The purpose of these Terms and Conditions is to define the terms of use of the Service. Use of the Service implies full and unreserved acceptance of these Terms. A User who does not accept these Terms must refrain from using the Service. The Company reserves the right to amend these Terms; the applicable version is the one in force on the date the Service is used, and Users are informed of substantial changes.

3. Description of the Service

The Service makes it possible to connect by telephone Users located outside France with certain French numbers, including special, territorial, short or premium-rate numbers. Not all French numbers are necessarily available.

The Service is NOT an emergency telephone service. It is not designed to handle or route calls to emergency numbers (in particular 112, 15, 17, 18, 114 or any local equivalent). The User must always have another means of calling the emergency services. The Company cannot be held liable for any inability to reach an emergency service via the Service.

The Service is in principle accessible 24 hours a day and 7 days a week, subject to interruptions for maintenance, network failures and cases of force majeure.

4. Losali account

• 4.a. Creation. Access to most features requires the creation of an account. The User undertakes to provide accurate information and not to use erroneous or misleading information. The account is strictly personal and may not be transferred.
• 4.b. Security. The User is responsible for the confidentiality of their credentials and for all activities carried out via their account. In the event of suspected fraudulent use, the Company may suspend the account until the situation is resolved.
• 4.c. Minors. By registering, the User declares that they are of the age of majority in their country of residence, or that they have the authorisation of a parent or legal guardian. The parent or guardian accepts these Terms on behalf of the minor and supervises use of the account, including purchases.
• 4.d. Inactivity and closure. The User may close their account at any time. An account with no login for twelve (12) months may be considered inactive and closed. Closure ends the right to use the Service; the associated data is deleted or anonymised, save for any legal retention obligation.

5. Pricing and Credit

Access to the Service is subject to payment. The model is prepaid: the User buys Credit, from which, for each call, a connection charge and a per-minute rate are deducted. The applicable rates are shown on the site and, where relevant, communicated during the first seconds of the call. Unless stated otherwise, the prices shown include applicable taxes. The Company may change its rates; the applicable rates are those in force at the time of the call. In the case of a call to a premium-rate number, any price announced by the Called Party's welcome message does not reflect the Service's rate and must be disregarded.

6. Payment

• 6.a. Payments are processed by our payment provider Stripe. By providing a means of payment, the User declares that they are authorised to use it and authorises the Company to debit the amounts due.
• 6.b. An invoice / receipt is made available to the User. Any manifest billing error must be reported within a reasonable time.
• 6.c. In the event of non-payment, the Company may suspend or close access to the Service.
• 6.d. Automatic top-up (option). The User may activate, on an optional basis, the automatic top-up of their Credit. In that case, they expressly authorise the Company to debit the registered means of payment by the amount they have chosen (15, 30 or 50 EUR), each time their balance falls below the displayed threshold (5 EUR by default), up to a limit of two automatic top-ups per period of twenty-four (24) hours. Each automatic top-up gives rise to a confirmation email and appears in the billing history. The option may be deactivated at any time from the calling page ("Available Credit" block), free of charge and without notice; deactivation takes effect immediately and does not affect Credit already acquired. In the event of a payment failure, the option is automatically suspended and no further attempt is made until the User reactivates it.

7. Right of withdrawal

In accordance with applicable consumer law (in particular Directive 2011/83/EU and the Spanish Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios), the consumer User is in principle entitled to a withdrawal period of fourteen (14) days for distance contracts.

Waiver of the right of withdrawal. Since the Service consists in the supply of a digital service that is performed immediately, the User expressly requests that performance begin before the end of the withdrawal period and acknowledges that they lose their right of withdrawal as soon as they start to use the Credit (first call). As long as the Credit purchased has not been used, the User may exercise their right of withdrawal within the period of fourteen (14) days and obtain a refund of the unused Credit. No refund is due for Credit already consumed.

8. Fair use policy

The Service is intended for personal and reasonable use. The following, in particular, do not constitute legitimate use:

• use within a call centre or for telemarketing purposes;
• the resale of call minutes or Credit;
• the sharing of an account between several users;
• automated, bulk or unusual calls, in particular aimed at generating third-party revenue;
• any fraudulent or unlawful use, or use contrary to these Terms.

The Company may suspend or close an account in the event of a breach.

9. Liability

• The Company's liability is limited to connecting the User with the desired number, where that number is among the numbers supported by the Service.
• The Service is provided "as is". The Company does not guarantee uninterrupted, regular, secure or error-free operation.
• The Company is not liable for failures due to electronic communication networks, third-party operators, maintenance interruptions, or for cases of force majeure or events beyond its control.
• The Company disclaims all liability regarding waiting times, the quality of the communication and the services of the Called Party.
• The Company may not be held liable for indirect damages or financial losses, except in the event of gross or intentional fault.

No provision of these Terms has the effect of setting aside the mandatory rights granted to the consumer User by applicable law.

10. Warranties

As a consumer, the User benefits from the legal warranties provided for by applicable legislation. Except in cases of bad-faith concealment, the Service is provided "as is", without any guarantee of continuous availability.

11. Personal data

The Company processes Users' personal data in accordance with Regulation (EU) 2016/679 (GDPR) and applicable legislation. The terms of collection, use, retention and exercise of rights (access, rectification, erasure, objection, restriction, portability) are detailed in our Privacy Policy.

12. Intellectual property

The "Losali" brand, the site and all of their contents (texts, visuals, logos, software) are the property of the Company or its partners and are protected by applicable law. Any unauthorised reproduction or exploitation is prohibited.

13. Complaints and dispute resolution

Any request for information or complaint may be addressed:

• electronically to contact@losali.com;
• by post to: Obinova, Carrer de la Diputació, 180, 9B, 08011 Barcelona, Spain.

In accordance with Regulation (EU) No 524/2013, the European Commission provides an online dispute resolution platform, accessible at: https://ec.europa.eu/consumers/odr.

14. Applicable law and jurisdiction

These Terms are governed by Spanish law. Any dispute relating to their interpretation or their performance shall fall within the jurisdiction of the courts of Barcelona (Spain). The mandatory consumer protection provisions of the User's country of habitual residence nevertheless remain applicable and are not set aside by this clause; the consumer retains the right to bring proceedings before the courts of their place of residence where the law so provides.