Terms of Use
Last Updated: June 3, 2015

PLEASE READ THESE TERMS CAREFULLY BEFORE JOINING THE WI-FI SERVICE

These Terms of Use (“Terms”) are a legal agreement between you (“user” or “you”) and Cloud4Wi Inc. located at 363 Clementina Street, San Francisco, 94103, California, USA (“Cloud4Wi”, “us” or “we”) for the use of the guest Wi-Fi services at one or more of our Customers venues (“FOG” or “Services”).

By clicking on “I AGREE TO TERMS OF USE AND PRIVACY POLICY” (“I AGREE”) on the Services registration page, you represent that you have read, understood and agreed to these Terms and Privacy Policy. Your electronic acceptance of these Terms by clicking on the “I AGREE” on the Services registration page has the same effect as if you had actually signed these Terms. The effective date of these Terms is the date that you click on “I AGREE”.

If you do not agree to these Terms and our Privacy Policy we will not permit access the Services and you must stop to use the Services now.

1. DESCRIPTION OF THE SERVICES

Cloud4Wi offers a set of Services used by venue owners (our Customers) to provide you with an enriched access to Wi-Fi hotspots at one or more of our Customers’ venues. To access the Services, you must have a device that is compatible with the specific Wi-Fi equipment deployed at the Wi-Fi hotspot.

2. YOUR OBLIGATIONS

You agree not to use or attempt to use the Services for any fraudulent, unlawful, harassing, or abusive purpose or so as to damage or cause risk to Cloud4Wi, its business, reputation, employees, other users, equipment or any third person. In case of improper uses, we may suspend or stop providing the Services to you.
You agree to defend, indemnify, and hold Cloud4Wi harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Services or of any your violation of these Terms. You further agree to pay Cloud4Wi reasonable attorneys fees, experts fees and other costs in any action or claim under these Terms.

3. OUR RIGHTS AND OBLIGATIONS

We have no obligation to monitor the Services, but we shall use commercially reasonable efforts to provide reliable Services.

We reserve the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Services (or any function or feature of the Services or any part thereof, including but not limited to rates and charges) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

4. SECURITY

The unsecured nature and ease of connection to public Wi-Fi hotspots increases the risk that unauthorized persons can access your phone, laptop or other device or your communications over the Wi-Fi network. You should take precautions to lower the security risks.

We encourage you to observe standard security practices. You should ensure that computer hard drives are not shared; that laptops have firewall protection; and that security software is installed, functional and updated on your device. We recommend that you avoid transmitting or accessing sensitive personal information over the Wi-Fi network, and that you only connect to known Wi-Fi hotspots.

5. INFORMATION PROTECTION

By using the Services, you agree that we can use your personal information in accordance with our Privacy Policy (available at fog.cloud4wi.com/privacy). The Privacy Policy explains how we treat such information and protect your privacy when you use the Services.

6. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that all intellectual property rights in the Services and the underlying technology belong to us and that you have no rights in, or to, the Services other than the right to use it in accordance with these Terms.

7. TERMINATION

Without prior notice, we may terminate these Terms or your access to the Services for any reason, including, without limitation, if we, in its sole discretion, believe you have violated these Terms.

8. CHANGES

We may, at our sole discretion, make changes to these Terms; all changes will be provided to you and other users through the link on the Services registration page. Such changes shall be binding and effective upon the date of posting. You agree to review these Terms prior to each use of the Services so you will be aware of any changes. By continuing to use the Services after such postings, you agree to accept and agree to any and all such changes.

9. TRANSFER

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms. You will be notified of any such transfer through statements on our website or other means that may be adopted.

You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

10. LIMITATION OF LIABILITY

While every effort is made by Cloud4Wi to provide highest quality of the Services, you acknowledge that the linking quality and speed data transmission of the network is entirely dependent on the connectivity not attributable to Cloud4Wi. Accordingly, we shall in no event be responsible to you for any deficiency in data transmission or for any inconvenience, damage or loss that may be caused to any one or of any kind arising there from.

Cloud4Wi will not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data or lost profits arising out of or in connection with your use of this service, or any actions or deficiencies of the Customer, even if Cloud4Wi is notified of the same.

11. FORCE MAJEURE

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks or interruptions of third party services.

If a force majeure circumstance takes place, our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the force majeure circumstance. We will use our reasonable efforts to find solution by which our obligations under these Terms may be performed despite the force majeure circumstance.

12. ENTIRE AGREEMENT

These Terms represent the final and entire agreement between you and us regarding the Services. Electronic images of these Terms will be considered originals. You acknowledge that you have not relied on any other representations not specifically included in these Terms. If we don’t enforce our rights under any of the provisions of these Terms, we may still require strict compliance in the future. You represent that you are of legal age and have the legal capacity to enter into these Terms.

13. JURISDICTION AND LAW

These Terms are governed by and is to be construed in accordance with the laws of the state of California, USA. You and we both agree to submit to the non-exclusive jurisdiction of the courts located in San Francisco, California.

14. CONTACTS

If you have any questions or comments about these Terms, please contact Cloud4Wi using the following contact information:

Cloud4Wi Inc.
363 Clementina Street
San Francisco, 94103, California
United States of America

privacy@cloud4wi.com