Terms of Service
Trade Names, Trademarks, and Service Marks
Devicescape Copyright Policy
Last Updated: 12/30/13
Notification of Copyright Infringement:
Devicescape Software, Inc. (“Devicescape”) respects the intellectual property rights of others and expects its users to do the same.
It is Devicescape’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website athttp://www.copyright.gov/legislation/dmca.pdf, Devicescape will respond expeditiously to claims of copyright infringement committed using the Devicescape websites or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to Devicescape’s Designated Copyright Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to Devicescape’s Designated Copyright Agent. Upon receipt of the Notice as described below, Devicescape will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Devicescape’s Designated Copyright Agent:
c/o Devicescape, Inc.
1250 Bayhill Drive, San Bruno, California 94066
+1 650 249 6565
+1 650 871 1374
Terms of Service
Last Updated: 4/30/2014
Welcome to Devicescape Software, Inc. (“Devicescape”, “our” or “we”). We make available a curated Wi-Fi hotspot-based service that we call the Curator Service (“Curator Service”). A high-level description of the Curator Service is provided under “Description of Curator Service” below and additional information regarding the Curator Service may be found on our website located at www.devicescape.com (the “Devicescape Site”). We also make available a Wi-Fi hotspot-related proximity marketing service that we call PopWiFi (“PopWiFi”). A high-level description of PopWiFi is provided under “Description of PopWiFi” below and additional information regarding PopWiFi may be found on our website located at www.popwifi.com (the “PopWiFi Site”).
Agreement to Terms
Devicescape is willing to allow you to access and use the Services only upon the condition that you agree to be bound by the Terms. To indicate that you agree to be bound by these Terms, click on “Accept” or “I Agree” or on a similar prompt that is displayed. To indicate that you don’t agree to be bound by these Terms, click on “Reject” or “Decline” or on a similar prompt that is displayed, in which case activation of the Curator Client will stop. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Upon your acceptance of these Terms the Services will work automatically and you will be deemed a “Curator Client Subscriber”.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Devicescape Site or the PopWiFi Site, as applicable, or through other communications, such as sending a message to you via the Curator Client. If you set your mobile device not to receive messages, if we modify the Terms we will temporarily override your setting to enable you to receive our message and, once we confirm that you have received our message, we will restore your original setting. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services
You may use the Services only if you are 18 years or older and capable of forming a binding contract with Devicescape and are not barred from using the Services under applicable law.
When you access the Curator Service for the first time the Curator Service will register your mobile device by collecting and storing on Devicescape’s server the mobile device’s phone number (MDN), hardware identifier (IMEI/MEID) and other hardware-specific data. In addition, the Curator Service will assign a unique universal identification number to your mobile device (a “UUID”) and store the UUID on your device. The UUID enables Devicescape to associate or track the device and its interactions with our Services and is necessary for our Services to function.
Description of Curator Service
Curated Virtual Network
The primary feature of the Curator Service enables users of mobile devices to have their devices automatically connect to a network of publicly available curated Wi-Fi hotspots maintained by Devicescape (the “Curated Virtual Network”). In order to have a mobile device automatically connect to the Curated Virtual Network, the Curator Client must be installed and activated on your mobile device. When you purchased your mobile device the Curator Client may have been pre-installed. If the Curator Client was not pre-installed you can download it from an app store or distribution platform such as Google Play or the Amazon App Store. In either case, the Curator Client will be activated when you accept these Terms in accordance with the provision “Agreement to Terms” above. In addition to this automatic connection feature, the Curator Service includes features that enable you to manage your access to and use of Wi-Fi-by configuring how your mobile device detects and connects to Wi-Fi hotspot networks. More detailed Information regarding these features may be found on the Devicescape Site.
Connections to Account-free Wi-Fi Providers
Some Wi-Fi providers offer access to their Wi-Fi hotspot network without requiring you to create an account with them (each, an “Account-free Wi-Fi Provider”), but certain Account-free Wi-Fi Providers may require you to agree to their end user license agreement or terms of service. You acknowledge and agree that in some instances you may be unable to view the Account-free Wi-Fi Provider’s end user license agreement or terms of service and in some instances the Account-free Wi-Fi provider may not have an end user license agreement or terms of service. If you wish to connect to the Wi-Fi hotspot network of an Account-free Wi-Fi Provider, you hereby authorize Devicescape to accept the Account-free Wi-Fi Provider’s end user license agreement or terms of service on your behalf, if any, but that you will be solely responsible for complying with any such end user license agreement or terms of service, as applicable.
Account-free Wi-Fi Providers with Offline Terms
Certain Account-free Wi-Fi Providers may have a terms of service that is provided “off-line”, e.g., by means of a physical sign or documentation that is posted in the Account-free Wi-Fi Provider’s venue or furnished by the Account-free Wi-Fi Provider to customers who connect (or request information regarding connecting) to the Account-free Wi-Fi Provider’s hotspot network (such physical sign or documentation, the “Off-line Terms”). Devicescape makes no representation regarding whether any such Off-line Terms apply, and you acknowledge and agree that it is your sole responsibility to identify whether any such Off-line Terms apply to your use of the Curator Service, and to comply with any such Off-line Terms.
Account-free Wi-Fi Providers that Request Email Address
As a condition to connecting to their Wi-Fi hotspot network, certain Account-free Wi-Fi Providers may request the Curator Service to provide a limited amount of information regarding you, such as your name and your email address. In that event, the Curator Service may provide the Account-free Wi-Fi Provider with Devicescape’s name and email address but will not provide your name or email address. You acknowledge and agree that the Curator Service will not enable you to establish a connection with any Account-free Wi-Fi Provider hotspot network that requires verification of the email address.
Connections to Account-based Wi-Fi Providers
Some Wi-Fi providers require you to have an account with them to access to their Wi-Fi hotspot network (each, an “Account-based Wi-Fi Provider”). Account-based Wi-Fi Providers typically are commercial network operators but may also include free and community providers. If you wish to connect to the Wi-Fi hotspot network of an Account-based Wi-Fi Provider, you may need to obtain login credentials (e.g., a user ID and password) from the Account-based Wi-Fi Provider. You may also be required to agree to an Account-based Wi-Fi Provider’s end user license agreement or terms of service. If you would like to have Devicescape automatically attempt to connect you to the Wi-Fi hotspot network of an Account-based Wi-Fi Provider, after you have acquired such login credentials from an Account-based Wi-Fi Provider and/or first agreed to the Account-based Wi-Fi Provider’s end user license agreement or terms of service, as applicable, you will provide such login credentials to Devicescape. Devicescape will store your login credentials on Devicescape’s server and may automatically attempt to connect to the Wi-Fi hotspot network of such Account-based Wi-Fi Provider when you are in the vicinity of such hotspot network. You hereby authorize Devicescape to accept the Account-based Wi-Fi Provider’s end user license agreement or terms of service on your behalf, but that you will be solely responsible for complying with any such end user license agreement or terms of service, as applicable.
Certain Terms Applicable to Account free Wi-Fi Providers and Account-based Wi-Fi Providers
Acknowledgement Regarding Inability to Access Emergency Services
You acknowledge and agree that the Services may enable a variety of classes of wireless devices to connect to Wi-Fi hotspot networks. Such classes may include devices that provide voice services over the Internet similar to those that are provided to users of conventional mobile phone or fixed-line telephones networks (such devices, “VoIP Phones”). If you use a VoIP Phone in connection with the Services you assume all risks and liability arising from any inability to connect to such emergency services such as 911.
Acknowledgement Regarding Responsibility for Certain Charges
You acknowledge that one of the features of the Curator Service is to continually check the quality of the different networks to which you have connected or to which you may be able to connect to ensure that you are connected to the network that provides the best service. Such networks may include both cellular networks and Wi-Fi hotspot networks. If the Curator Service determines that the network to which you are connected is not providing you with a sufficient quality of service the Curator Service may disconnect you from such network and connect you to an available cellular network or Wi-Fi hotspot network, as applicable. If the Curator Service connects you to an available cellular network, you will be solely responsible for any charges for which you are billed by the operator of such cellular network, including per-minute, roaming or premium charges, as well as any applicable taxes. In no event will Devicescape be responsible for any such charges or taxes. The Curator Service may also connect you to a Wi-Fi hotspot network or a cellular network based on policies set by you, the operator or provider of such network or Devicescape.
Description of PopWiFi
PopWiFi enables owners of small and mid-sized venues such as cafes, restaurants, bakeries, hair salons, hotels and theaters, that offer free Wi-Fi to their customers (a “Venue Owner”) to send communications in the form of electronic notifications, messages, or other such end user media to customers who access and use the Venue Owner’s Wi-Fi hotspot network by means of the Curator Client. As a Curator Client Subscriber, you will have access to all the features of PopWiFi that any such Venue Owner makes available to Curator Client Subscribers who connect to and use the Venue Owner’s Wi-Fi hotspot network.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us atwww.devicescape.com/feedback. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Rights and Terms for Curator Client
Subject to your compliance with these Terms, Devicescape grants you a limited non-exclusive, non-transferable, non-sublicenseable license to download and install a copy of the Curator Client on a single mobile device that you own or control and to run such copy of the Curator Client solely for your own personal and non-commercial purposes. Devicescape reserves all rights in and to the Curator Client not expressly granted to you under these Terms. You may not: (i) copy, modify, or create derivative works based on the Curator Client; (ii) distribute, transfer, sublicense, lease, lend, or rent the Curator Client to any third party; (iii) reverse engineer, decompile, or disassemble the Curator Client; or (iv) make the Curator Client available to multiple users through any means.
You agree not to do any of the following:
- Post any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity, or privacy; (ii) violates, or encourages, any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
- Use, display, mirror, or frame any element of the Services, our name, any of our trademarks, logos, service marks (including but not limited to “Devicescape”, the “Devicescape” logo and “Curator” or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
- Attempt to access or search the Services (including, but not limited to, unauthorized access to user names, passwords, email addresses, and other personally-identifying information) through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us or other generally-available third party web browsers;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or any data related to any publicly-available Wi-Fi hotspot network or the connectivity thereto or attempt to determine any portion of the source code or any trade secrets with respect to the Services, or prepare any derivative works of the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Services, but have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances account holders or subscribers who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy at www.devicescape.com/copyright for further information.
Links to Third Party Websites or Resources
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We reserve the right, at our sole discretion, to modify, terminate or discontinue the Services, at any time and without prior notice. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel the Services at any time by: (i) contacting the carrier, operator, or other provider from or through which you obtained access to the Services; (ii) uninstalling the Curator Client from your mobile device; or (iii) disabling the Curator Client through the “Settings” feature of your mobile device or the client. If you cancel the Services and have paid fees to any such carrier, operator or other provider for the Services, or fees are payable for the Services, your entitlement to a refund of such fees and your obligation with respect to any such fees that are payable will be determined solely by the terms of your agreement with the carrier, operator or other provider, as applicable, and Devicescape will have no responsibility or liability of any kind related thereto. Upon any termination or discontinuation of the Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Without limiting the foregoing, Devicescape makes no warranty regarding the uptime, availability or reliability of the Services.
You will indemnify and hold harmless Devicescape and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services, (ii) your breach or violation of these Terms; or (iii) any alleged or actual breach or violation of any agreements, terms of service, policies or rights of any third party, including without limitation any breach of violation of the end user license agreement or terms of service of any Account-based Wi-Fi Provider or Account-free Wi-Fi Provider.
Limitation of Liability
NEITHER DEVICESCAPE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and Devicescape agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and Devicescape are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Devicescape otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available atwww.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175and a separate form for California residents at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and Devicescape otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be condutcted solely on the basis of the documents that you and Devicescape submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Devicescape will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Devicescape will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Devicescape changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Devicescape’s notice to you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Devicescape in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between Devicescape and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Devicescape and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Devicescape’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Devicescape may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications provided by Devicescape under these Terms, including those regarding modifications to these Terms, will be given: (i) by posting to the Devicescape Site; or (ii) by a message sent by Devicescape to you via the Curator Client.
Devicescape’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Devicescape. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services please contact Devicescape at email@example.com, +1 (650) 249-6565, 1250 Bayhill Drive, San Bruno, California 94066.
Last Updated: 12/30/13
How do we collect and use information?
Our primary goals in collecting information are to provide and improve the Devicescape Solutions, to administer your use of the Devicescape Solutions (including your Account, if you are an Account holder, and to enable you to enjoy and easily navigate the Devicescape Solutions.
Personally Identifiable Information. In connection with your use and our operation of the Devicescape Solutions, including without limitation when you register for an Account as a Venue Owner, you may provide to us or we may collect certain information that can be used to identify you, such as your name, user name or ID, telephone number, email address, business address, and company name (“Personally Identifiable Information” or “PII”).
Information collected during Device Registration. When you become a Curator Client Subscriber by accepting the terms of the Terms of Service for Curator Service, the Curator Service will register your mobile device by collecting and storing on Devicescape’s server the mobile device’s phone number (MDN), which constitutes Personally Identifiable Information, device model number, hardware identifier (IMEI or MEID), Wi-Fi MAC address, SIM and network MCC/MNC, and other hardware-specific data. In addition, the Curator Service will assign a unique universal identification number to your mobile device (a “UUID”) and store the UUID on your device. We use the UUID solely to associate or track the device and its interactions with the Devicescape Solutions and the UUID is necessary for the Devicescape Solutions to function. Except for the MDN, the UUID is not linked to any PII. The MDN is linked to the IMEI or MEID and other hardware-specific information described in this section.
Information Related to Use of the Devicescape Solutions. Our servers automatically record certain information about how a person uses the Devicescape Solutions (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include without limitation information such as a User’s Internet Protocol (IP) address, browser type and operating system, the web page that a User was visiting before accessing the Devicescape Solutions, the pages or features of the Devicescape Solutions to which a User browsed and the time spent on those pages or features, search terms, the links on the Devicescape Solutions that a User clicked on. We use this information to administer the Devicescape Solutions and we analyze (and may engage third parties to analyze) this information to improve and enhance the Devicescape Solutions by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use the IP Address to generate aggregate, non-identifying information about how the Devicescape Solutions are used. We may also use the IP Address to generate and store information about a User’s location, e.g., by converting the User’s IP address into a rough geo-location.
Information related to Wi-Fi Hotspots. We also collect information related to any Wi-Fi hotspots to which you connect through the Devicescape Solutions or that are in the vicinity thereof and are in the Wi-Fi radio scan list. Hotspot-related information includes the BSSID/SSID, location and identification of any such hotspot, the security, and connection methods used by such hotspot, the status and duration of your connection to such hotspot, information related to the quality of the internet connection through such hotspot, and the aggregate amount of data that you sent and received on and through any cellular networks and any such hotspot.
Location Information. We may also have access to location information if you have enabled your device’s location services or GPS. We may use location information for the operation and maintenance of the Curator Service and to improve and personalize the Devicescape Solutions for you.
What Information Do We Share With Third Parties?
We will not share any PII that we have collected from you except as described below:
Information Shared with Cellular Providers. As to those of our customers who are Curator Client Subscribers, for billing purposes we will provide your cellular services provider with the MDN of your device to enable verification of your status. We will provide your cellular services provider with information regarding the aggregate amount of data that you sent and received on and through any cellular networks and any Wi-Fi hotspot networks to which you connect through the Services. We may also provide the carrier or operator from or through which you obtained access to the Services with call data records that provide details regarding each of the individual Wi-Fi-hotspot network connections that you made.
Information Shared with Our Services Providers. We may engage third-party service providers to work with us to administer and provide the Devicescape Solutions. These third-party services providers have access to your PII only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your PII for any other purpose.Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry analysis, demographic profiling and other similar purposes.Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.Information Disclosed for Our Protection and the Protection of Others. It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities, or government, and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iv) to prevent or stop activity we consider to be illegal or unethical.
Information We Disclose With Your Consent or at Your Request. We will share your PII with third-party sites or platforms, such as social networking sites, if you have expressly requested that we do so.
The Security of Your Information
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Links to Other Sites
Modifying Your Information
If you are a Venue Owner, you can access and modify the PII associated with your Account by modifying such information in your Account. If you are a Venue Owner and you want us to delete your PII and your Account, please contact us athttp://www.devicescape.com/support/remove-from-cvn with your request. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Our Policy Toward Children
The Devicescape Solutions are not directed to children under 13. We do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13, we will take steps to delete such information from our files as soon as possible.
Trade Names, Trademarks, and Service Marks
The name Devicescape, the Devicescape logo, and the phrase The WiFi Offload Company are trademarks of Devicescape Software, Inc. Curator Service, DataBooster, DataSaver, Easy WiFi, PopWiFi and The PopWiFi logo, SoftGPS, Offloader, and Wi-Fi Now are service marks of Devicescape Software, Inc.
All other names are the property of their respective owners.