Terms and Conditions

Terms and Conditions of WifiSenseBox

These terms govern

the use of this application and its related services,
the purchase of WifiSenseBox hardware products, and
any other related agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This application is provided by:

DataFortress.cloud GmbH Gewerbestraße 13 82064 Straßlach-Dingharting Germany

Owner contact email: info@wifisensebox.com

What the User should know at a glance

B2B Only: The Service/this application and the products sold through it are intended for Users who do not qualify as Consumers, such as Business Users.
Hardware and Software: These terms cover both the physical WifiSenseBox hardware and the accompanying software services.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this application and the Service.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this application, Users confirm to meet the following requirements:

Users must not be Consumers;
Users must not be located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
Users must not be listed on any U.S. Government list of prohibited or restricted parties;

ACCOUNT REGISTRATION

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will result in the unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are required to choose passwords that meet the highest standards of strength permitted by this application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think that personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

TERMS AND CONDITIONS OF SALE

PURCHASE OF PRODUCTS

The presentation of hardware products on this application does not constitute a legally binding offer, but rather an invitation to the User to place an order.

By placing an order, the User makes a binding offer to purchase the selected products. The Agreement is concluded when the Owner sends a confirmation email or by the shipment of the ordered products.

PRICES AND PAYMENT

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including shipping costs) that they will be charged.

Prices are displayed:

excluding or including applicable taxes depending on the User’s location and status (Business User).

Payment must be made using one of the available methods specified during the checkout process.

SHIPPING AND DELIVERY

Deliveries are made to the address indicated by the User and in the manner specified in the order summary. Upon delivery, Users should examine the content and report any anomalies without undue delay.

Risk of Loss: Since the Service is intended for Business Users, the risk of loss or damage to the goods passes to the User upon delivery of the goods to the carrier.

RETENTION OF TITLE

Until full payment of the purchase price, the delivered products remain the property of the Owner.

WARRANTY FOR HARDWARE PRODUCTS

The Owner warrants that the hardware products are free from material and manufacturing defects under normal use for a period of 12 months from the date of delivery, unless otherwise specified by mandatory law.

This warranty does not cover:

Damage caused by misuse, accidents, or unauthorized modifications.
Normal wear and tear.
Consumables (unless otherwise specified).

In the event of a defect, the User must notify the Owner immediately. The Owner will, at its discretion, repair or replace the defective product.

CONTENT ON THIS APPLICATION

Unless otherwise specified or clearly recognizable, all content available on this application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that content provided on this application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal rights of Users, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this application, the User may download, copy and/or share some content available through this application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

ACCESS TO EXTERNAL RESOURCES

Through this application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and therefore is not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

ACCEPTABLE USE

This application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this application or the Service, terminating contracts, reporting any misconduct performed through this application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

violate laws, regulations and/or these Terms; infringe any third-party rights; considerably impair the Owner’s legitimate interests; offend the Owner or any third party. PRIVACY POLICY

To find information related to the use of personal data, Users may refer to the privacy policy of this application.

INTELLECTUAL PROPERTY RIGHTS

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

CHANGES TO THESE TERMS

The Owner reserves the right to modify or otherwise update these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the application will signify the User’s acceptance of the updated Terms. If Users do not wish to be bound by the changes, they must stop using the application. Failure to accept the updated Terms may require either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

ASSIGNMENT OF CONTRACT

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

CONTACTS

All communications relating to the use of this application must be sent using the contact information stated in this document.

SEVERABILITY

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US GOVERNING LAW

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

EU USERS

If the User qualifies as a European Consumer, they will benefit from any mandatory provisions of the law of the country in which they are resident in.

EXCEPTION FOR EUROPEAN CONSUMERS

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

DEFINITIONS AND LEGAL REFERENCES

APPLICATION

The property that enables the provision of the Service.

AGREEMENT

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

BUSINESS USER

Any User that does not qualify as a Consumer.

EU (OR EUROPE)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

OWNER (OR WE)

Indicates the natural person(s) or legal entity that provides this application and/or the Service to Users.

SERVICE

The service provided by this application as described in these Terms and on this application.

TERMS

All provisions applicable to the use of this application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

USER (OR YOU)

Indicates any natural person or legal entity using this application.

CONSUMER

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

COUNTRY

Applies where a User, regardless of nationality, is physically present or has their registered offices within the EU, whichever is more protective of the User.

LEGAL INFORMATION

This document has been created based on provisions from multiple jurisdictions. Should any provision or part of this document be held to be invalid or unenforceable under applicable law, the validity or enforceability of the remaining provisions shall not be affected, and the relevant provision shall be reasonably amended to achieve the intention of the parties to the greatest extent possible, and the parties will in good faith negotiate to replace any invalid or unenforceable provision with a valid and enforceable provision that comes closest to expressing the intention of the invalid or unenforceable provision.