Terms of service

This free Wi-Fi Service is a courtesy of your host and made available to you by Cloudi-Fi, a French corporation (“SAS”), registered with the Pontoise Registry of Trade and Companies, and registered office located at 1 Rond-point de l’Aube, 95800 Cergy, France.

(“CLOUDI-FI”, “We”, “Our”, “Us”).

Your access to and use of the Service is governed by the Terms of Use (I) and Privacy Notice (II) below. Please read them carefully before using the Service.

TERMS OF USE

These Terms of Use (the “ToU”) set forth the conditions of use of the Service.

By clicking on the acceptance button, you acknowledge that you have read and agree to be bound by these ToU. If you do not accept these ToU, CLOUDI-FI will not be able to provide you access to or use of the Service. These ToU may be amended, updated, or otherwise modified, whether in whole or in part, at any time.

Article 1. PURPOSE OF THE SERVICE – ACCESS TO THE SERVICE

1.1 Purpose of the Service

The Service allows any individual visiting a physical Site with free Wi-Fi and who is equipped with a portable and Wi-Fi compatible device (e.g., laptop or smartphone) (the “User”, “you”, “your”) to obtain secured and free access to the Internet.

1.2 Access to the Service

1.2.1. Prerequisites

By using the Service, the User certifies that s/he has the capacity to be bound by these ToU, and that s/he is at least 18 years old (or a higher age of majority in the country in which the User is accessing and using the Service, where required by mandatory applicable law).

1.2.2. Equipment required to access the Service

The User is solely responsible for ensuring that s/he has all necessary equipment, hardware, software, Internet browser, and other elements allowing him/her to access and use the Service.

1.2.3. Registration

A User registers for the Service by filling in the registration form on the login page of the Service. Failure to provide any required data will prevent the User from accessing the Service.

If mobile phone registration is used, Users have the right to register on the relevant national phone solicitation opt-out list, as notably indicated below:

Austria Robinson list - https://apppool.wko.at/Robinsonliste/Registrierung.aspx

Canada Do Not Call List - https://www.lnnte-dncl.gc.ca/index-eng

France Bloctel – http://www.bloctel.gouv.fr

Hong Kong Do-not-call Registers - http://www.dnc.gov.hk

Ireland Contact your telephone line provider to be placed on the National Directory Database opt-out register

Singapore Do Not Call Registry -  https://www.dnc.gov.sg/index.html

Spain Robinson List - https://www.listarobinson.es

Users’ personal data will be processed in accordance with the Privacy Notice below.

Article 2. USER’S OBLIGATIONS

It is the User’s responsibility to ensure the safety and protection of his/her equipment, and take all appropriate measures to secure his/her own software and data, including his/her personal data (including without limitation the User’s name, email address, telephone number), against intrusion, viruses, worms, Trojan horses, or other harmful elements.

The User shall under no circumstances use the Service:

• for any unlawful purpose: you will not use this Service for any purpose that is fraudulent, unlawful, defamatory, obscene, offensive, abusive, malicious or harmful in nature or in any way which is considered discriminatory or harassment;
• for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
• to make comments, access, download, or transmit content that is illicit, injurious, defamatory, threatening, obscene, offensive, violent, or incites violence, harmful, false, sexist, racist, or infringes the rights of others, and in particular, content that infringes any person’s intellectual property rights;
• in a manner that is fraudulent, abusive, or excessive. The User shall in particular refrain from, deliberately or unintentionally, congesting the network and/or the messaging servers (e.g., by way of spamming, bulk e-mail, junk e-mail, or mail bombing); or
• for the transmission of viruses, worms, Trojan horses, or other harmful elements.

Users agree to use the access provided responsibly and with full regard to the safety, security, and privacy of all other users, devices, and resources. User agrees to be fully responsible for any use of the Service that violates this Terms of Use or any applicable laws and regulations.

Users acknowledge and accept that any illegal or unauthorized use of the Service may result in the immediate suspension or termination of access, and Users shall bear full liability for any legal consequences arising from such violations, including but not limited to penalties, fines, or other legal actions.

Article 3. CLOUDI-FI ’S OBLIGATIONS AND LIABILITY

Nothing in these ToU attempts to exclude or limit liability for (i) death or personal injury; (ii) fraud or fraudulent misrepresentation; (iii) losses due to willful misconduct or gross negligence, or (iv) any other liability which cannot be excluded or limited by applicable law, such as mandatory legal warranties and guarantees implied or imposed by applicable law.

3.1 CLOUDI-FI’s Obligations

CLOUDI-FI will use its reasonable endeavors to ensure access to the Service. However, CLOUDI-FI does not warrant that the Service will be secure, available and/or work without interruption or error, at all times, or that issues will be immediately cured, or that the Service will at all times be free from any virus or other harmful element, and CLOUDI-FI expressly disclaims such warranty and shall not be held liable for any of the foregoing.

3.2 CLOUDI-FI’s Liability

Cloudi-Fi delivers its Service on top of legacy infrastructure and Internet connectivity. As a Cloud-based service, CLOUDI-FI shall not be liable towards the User for the transmission of any signals from or to the User through the Service, and any claim in relation to such transmission.

The User acknowledges that the Service is provided by Cloudi-Fi and by a local Internet service provider, being referred to as the "Operator". Accordingly, CLOUDI-FI shall not be liable towards the User for the transmission of any signals from or to the User through the Service, and any claim in relation to such transmission and/or more generally in relation to the Operators’ compliance with their obligations towards the User under applicable electronic communications laws and regulations shall be directed to the relevant Operator(s).

To the maximum extent permitted by law, CLOUDI-FI shall not be liable towards the User for damage that cannot be imputable to CLOUDI-FI, resulting notably from the use by the User of the Service other than in strict accordance with these ToU, or a breach by the User of his/her obligations hereunder, any act, omission or default of the User, or an event beyond CLOUDI-FI’s reasonable control (including a force majeure event). In particular, CLOUDI-FI excludes any liability for damage or loss suffered by the User as a result of the inadequacy, dysfunction, or incompatibility of his/her equipment with the Service and/or failure by the User to implement reasonable and necessary protection against harmful programs, devices, or communications.

Article 4. TRAFFIC DATA

As required to make the Service available, traffic data generated by the User through the use of the Service may be collected. Information related to electronic communications carried out by the User will be processed as necessary to make such communication available, and under the conditions and limits set forth by applicable laws and regulations, such as for criminal and investigation purposes, upon request by the competent authorities, which the User acknowledges and accepts.

Article 5. INTELLECTUAL PROPERTY

The User acknowledges that all copyright, authors’ rights, trademarks, patents, and all other intellectual property rights as well as know-how in respect of the Service shall remain vested in CLOUDI-FI, its licensors and suppliers or the Operators, as the case may be.

Article 6. SUSPENSION / TERMINATION OF THE SERVICE

CLOUDI-FI reserves the right, for legitimate reasons, to require suspension of the access to the Service at any moment, with or without cause, and without notice, whether temporarily or definitively, without any liability towards the User in this regard, including without limitation in case of a breach by the User of these ToU, or as a result of an injunction by a third party or competent authorities.

CLOUDI-FI reserves the right, for legitimate reasons, to require the blocking or prohibition of access to certain Internet websites when a user uses the Service by way of filtering or other security systems.

Article 7. LANGUAGE – GOVERNING LAW - JURISDICTION

Translations of these ToU are available for information purposes only: in case of a discrepancy between the terms of any translation and the terms of the French version, the terms of the French version shall prevail, to the extent permitted by applicable law.

French law governs these ToU, except in cases where the law of the country of the User is mandatory or requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.

To the extent permitted by applicable law, any dispute related to the validity, performance, termination or the interpretation of these ToU and that the parties cannot resolve amicably shall be submitted to the exclusive jurisdiction of the Paris Courts, notwithstanding the existence of several defendants or a third party claim, and including in cases of summary proceedings. Users residing in the European Union or in any other jurisdiction where this is required under mandatory local law may also submit any dispute relating to the validity, performance, termination, or the interpretation of these ToU to the jurisdiction of the competent courts of the User's domicile.

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