User terms

Version 18th of April 2016

These Terms of Use apply to the use of the Service as defined below.

We advise you to read these Terms of Use carefully in order to ensure you are aware of your rights and obligations when making use of the Service. You can download and/or print these Terms of Use via: http://sowifi.com/userterms

Article 1 Definitions

1.1 In these Terms of Use, the following concepts are spelled with a capital letter, both in the singular and in the plural. These concepts are defined as follows:

SO WIFI: the private limited company SO WIFI B.V., with its principle place of business at Leidsegracht 107, 1017 ND, Amsterdam, the Netherlands;
Service: the service provided by SO WIFI to the User, as described in article 4.1;
User: the natural person or legal entity wishing to make use of the Service;
Terms of Use: these terms of use;
Details: the data regarding the User which will be processed by SO WIFI in order to use the Service;
Intellectual Property Rights: all intellectual property rights and associated rights such as copyrights, trademark rights, database rights and related rights, as well as rights to knowledge and performances on a par with a patentable invention;
Company: the company where the Router and Social Wifi Hotspot have been installed and to which the User device logs into with his peripheral to make use of the Service;
Agreement: the agreement between SO WIFI and the User with regard to the use of the Service;
Party: the User and/or SO WIFI;
Privacy Statement: the privacy statement of SO WIFI, available via sowifi.com/privacy;
Peripheral Device: the device with which the User makes a connection with the Social Wifi Hotspot;
Router: the wireless network router that SO WIFI has installed for the purposes of offering the Social Wifi Hotspot for use;
Social Wifi Hotspot: the connection with the Router that is made available by SO WIFI for use by the User.

Article 2 General

2.1 SO WIFI is entitled at all times to modify and/or supplement these Terms of Use. The most upto date Terms of Use are brought to the attention of the User before use is made of the Service. If the User continues to use the Service after the modification and/or supplementation of these Terms of Use, the User thereby irrevocably accepts the modified and/or supplemented Terms of Use. If the User does not agree to the modified and/or supplemented Terms of Use, his/her only option is to no longer use the Service.

Article 3 Conclusion of the Agreement

3.1 The Agreement is concluded when the User makes use of the Service or accepts these Terms of Use and uses his/her Details to log into the Social Wifi Hotspot.

Article 4 Use of the Service

4.1 The Service enables Users to gratuitously connect to the Internet by means of the Social Wifi Hotspot of a Company. The Service is explicitly not a public electronic communications service within the meaning of the Dutch Telecommunications Act.

4.2 SO WIFI is at all times entitled, without in any way becoming liable to the User, (i) to make procedural and technical alterations and/or improvements to the Service and/or (ii) to (permanently or temporarily) take the Service out of use, limit the use of the Service, or cancel the Service.

4.3 In order to make use of the Service, the User must log in using his/her social media profile, enter his/her e-mail address, or make his/her details available to SO WIFI in another way. The User is explicitly prohibited from using details other than the User’s own personal details. Further information about the Details of the User collected when use is made of the Service can be found in the Privacy Statement.

4.4 If a User is under the age of sixteen years, he/she needs the approval of his/her parents or legal guardian to use the Service.

4.5 The User himself/herself is responsible and liable for all actions performed with the aid of his/her Details when using the Service.

4.6 The User is not permitted to misuse the Service. Misuse includes but is not limited to the following:

a. Use that is contrary to any laws an/or regulations;

b. Unlawful use;

c. Use which, at the discretion of SO WIFI, is offensive or inappropriate;

d. Use that could result in disruption to the Service;

e. Use of file-sharing programmes;

4.7 In the event of a suspicion of misuse within the meaning of article 4.6, SO WIFI may be legally obliged to inform the appropriate authorities of that suspicion. Details of the User will be passed on to the appropriate authorities if SO WIFI is legally obliged to do so or see any other reason to do so.

Article 5 Liability and Indemnity

5.1 Each and every use of the Service is for your own risk. The User is personally responsible for all the use that he/she makes of the Service. Whenever SO WIFI suffer damage as a result of misuse within the meaning of article 4.6 or otherwise, the User will forfeit an immediately due and payable penalty at call of € 500,=  per offence. This does not prejudice the right of SO WIFI to claim compensation for damage actually suffered.

5.2 The User indemnifies SO WIFI against claims by third parties (including the Company) claiming that the User acts unlawful against these third parties. ‘Claims by third parties’ includes but is not limited to claims for compensation of damage, the costs of legal advice, and other costs connected with the claimed unlawful act.

5.3 The User is liable to SO WIFI for, all damage and costs which SO WIFI suffers or incurs as a result of (i) an attributable failure in the performance of the Contract on the part of the User, (ii) any action on the part of the User when using the Service, or (iii) an unlawful act of the User. All costs and damage incurred by SO WIFI which are connected with these or similar claims are to be reimbursed by the User.

5.4 SO WIFI may assume that the User is the actual person logging in with his/her Details. SO WIFI is not liable for damage resulting from any unauthorized access to or use of the Service by third parties.

5.5 SO WIFI is at all times, without prior notice and without being liable for compensation or in any other way to the User, authorized (i) to make procedural and technical changes and/or improvements to the Service; (ii) to (permanently or temporarily) take the Service out of use, limit the Service’s use, or cancel the Service; and (iii) to block the User’s access to the Service including suspicion of misuse within the meaning of article 4.6.

5.6 SO WIFI is in no way liable for damage or in any other way to the User for any damage arising or resulting from the (temporary), intermittent, or (permanent) unavailability or inaccessibility of the Service.

5.7 The User accepts that the Service only has those functionalities and other characteristics in effect at the moment of Use (‘as is’ basis). SO WIFI expressly excludes any explicit or implicit guarantees, promises, and indemnifications of any kind, including but not limited to guarantees, promises, and indemnifications with regard to the quality, safety, lawfulness, and integrity of the Service, unless these Terms Use specify otherwise.

Article 6 Filters and security

6.1 The User acknowledges and agrees that SO WIFI controls and limits the User’s use of the Service by means of automatic systems. In particular, the techniques used to determine and prevent misuse within the meaning of article 4.6 may include but are not limited to the following:

a. Layer7-filtering

b. Blocking by means of firewalls

c. Whitelisting/blacklisting IP addresses and/or domain names.

6.2 The data traffic between the Peripheral Device and the Router is sent without encryption. The User is personally responsible for securing the data traffic between the Peripheral Device and the Router against any unauthorized access by third parties.

6.3 The User is also personally responsible for securing the Peripheral Device against viruses, Trojan horses, and other forms of undesired access to the Peripheral Device.

Article 7 Intellectual Property

7.1 The Intellectual Property Rights in relation to the Service are held by SO WIFI and/or its licensors. Pursuant to the conditions as set out in these Terms of Use full SO WIFI will grant the User a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to have access to and to use the Service for purposes as described in these Terms of Use.

Article 8 Duration and Termination

8.1 The User is entitled to terminate the use of the Service at any time.

8.2. Upon termination, for whatever reason, the User shall not be able to access and use the Service anymore. SO WIFI will not be obliged to provide any content or other information to the User or convert or export such information.

8.3 After termination SO WIFI shall still have the right to use the Details provided by the User during its use of the Service.

Article 9 Privacy

9.1 While using the Service, the User is providing SO WIFI with personal and other information. This personal and other information is processed in accordance with the Privacy Statement and the applicable laws and regulations.

Article 10 Other provisions

10.1 These Terms of Use and all use of the Service are governed by Dutch law. The provisions of the Vienna Sales Convention (CISG) are hereby expressly excluded.

10.2 All disputes arising between the User and SO WIFI is to be brought before the competent court in the district of Amsterdam unless mandatory law determines that the dispute must be brought before another court.

10.3 In the event that these Terms of Use are partially invalid, the User, SO WIFI remains bound by the valid provisions of these Terms of Use. SO WIFI shall replace the invalid provision(s) by provisions which are valid and which have legal consequences corresponding as closely as possible with the legal consequences of the invalid provision(s), having regard to the content and the object of these Terms of Use.

10.4 There will be no breach of these Terms of Use by SO WIFI in the event SO WIFI can not perform any obligations as set out in these Terms of Use if prevented therefrom by force majeure. Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees, power faillures, strikes, riots, government measures, fire, natural disasters, floods, failure of suppliers of SO WIFI, shortcomings by third parties which were engaged by SO WIFI, disruption of the internet connection, DDos attacks, non-applicability of third party services, hardware failures and failures in (telecommunication) networks and any other unforeseeable conditions.