Terms of Service

Last updated: July 31, 2017

This service is provided by Ampletime Limited, Company registered in England and Wales, Company number 08021484 hereinafter referred as Amplespot

Before you register with Amplespot, you must read and agree to this Terms of Service ("TOS"). By using the Amplespot services (the "Service"), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by Amplespot Ltd ("Amplespot") and you.

This TOS, is an agreement you must accept in order to use Amplespot's Service (as defined below). It is applicable to (a) "Owners" -- this includes Primary Owners who initially set up the Service and other Owners that are granted ownership privileges by the Primary Owner; (b) Administrators – those who manage and run a team, channel, or group ("Administrators") (Owners and Administrators, collectively "Administrative Users"), and to (c) Members – users who are invited to join an existing team that has already been created in the Service by an Administrator ("Members”). The terms "you" and "users" encompass all users, including both Administrative Users and Members. This document describes both your rights and your obligations as part of using the Service. It is important that you read it carefully because you will be legally bound to these terms. Amplespot only provides its Service (as defined below) to you subject to this TOS. By accepting this TOS or by accessing or using the Service, you agree to be bound by this TOS (including the Privacy Policy, which is incorporated here by reference).

If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to this TOS. In that case, the terms "you" or "your" shall also refer to such entity, its Members, its Administrative Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and Amplespot, even though it is electronic and is not physically signed by you and Amplespot, and it governs your use of the Service.

Amplespot is designed for you to have one account to manage your network. You must not abuse the TOS by creating multiple accounts. If you or your administrators are creating multiple accounts, you will be violating the TOS and your account may be disabled. Upon signing up for a Free plan, your splash view limit will be restricted to 50. We will enable the splash views on your account once you have verified your business.

Amplespot may, in its sole discretion, modify or revise the TOS and subscriptions at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: https://www.amplespot.com/terms

Description of Service

Amplespot is a web-based Wi-Fi hotspot management platform (the "Service"). Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the internet.

Eligibility

The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information and keep your Account information updated. You shall not:

  • select or use as a username a name of another person with the intent to impersonate that person;
  • use as a username a name subject to any rights of a person other than you without appropriate authorization; or
  • use, as a username, a name that is otherwise offensive, vulgar or obscene.

You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorised use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. Amplespot will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your Account secure.

Your Data

"Your Data" means any data and content you upload, post, transmit or otherwise made available via the Services (which may include data you elect to import from Non-Amplespot Products you use). "Your Data" includes messages you send, files you upload, comments you make on files, profile information and anything else you enter or upload into the Service. Amplespot will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.

In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you and your Users, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.

If any users send us any feedback or suggestions regarding the Service, you grant Amplespot an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.

Who we may share your data with

Except as described in this TOS, we will not disclose your Data that we collect on the Services to third parties without your consent. We may disclose your Data to third parties in the following circumstances:

  • To Venue Owners: We may disclose your Data to our Customers who operate and own the venue(s) where Service is being operated.
  • To Service Providers: We may disclose the Data your shared with us to third-party service providers (e.g., payment processing and data storage and processing facilities) that assist us in our operations. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Data.
  • To Business Transfers: Information about users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, sale of Amplespot assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Data is transferred to one or more third parties as one of Amplespot business assets.
  • To Affiliated Companies: We may disclose the Data and other information to our parent company and to other corporate affiliates. These affiliated third-party companies may use and disclose the Data and other information that we disclose to them in accordance with their privacy policies and procedures.
  • To Protect Amplespot Interests: We also may disclose your Data and other information if it believes that doing so is legally required or is in Amplespot interest to protect Amplespot property or other legal rights (including, but not limited to, enforcement of agreements) or the rights or property of others, or otherwise to help protect the safety or security of the Services or other users of the service.

Acceptable Use

You agree that you will use the Service in compliance with all applicable local, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in content, information, software, or materials on or through the Service that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, you know is false, misleading, untruthful or inaccurate, constitutes unauthorized or unsolicited advertising, fraudulent or inappropriate purpose; impersonates any person or entity, including any of our employees or representatives, includes anyone's identification documents or sensitive financial information.

You acknowledge that Amplespot and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any of Your Data that is available via the Service. We may also review Your Data transmitted through non-public mechanisms (such as non-public channels within the Service) where we deem appropriate, including for violations of this TOS or in response to a user complaint. Without limiting the foregoing, Amplespot and its designees shall have the right to remove any of Your Data that violates the TOS or is otherwise objectionable. You must evaluate, and bear all risks associated with, the use of Your Data, including any reliance on the accuracy, completeness, or usefulness of Your Data.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to government penalties and other legal consequences.

Payment Terms

Monthly Terms: A valid credit or debit card is required to use the Service other than those on Trial. The Services are billed in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an active Subscription.

Yearly Terms: The same terms apply from the Monthly Terms. The service is billed in advance on a yearly basis.

You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us if your payment method is cancelled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorised disclosure or use of your username or password. Changes to such information can be made at app.amplespot.com (Wi-Fi Admin Portal). If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above by cancelling your subscription via Wi-Fi Admin Portal.

Arrears

Payments not made within four (4) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than four (4) days overdue, without the requirement of providing notice of such arrears, Amplespot may suspend service to such account and bring legal action to collect the full amount due, including any attorney's fees and costs.

Suspension for Nonpayment

If a Subscriber is past due on their balance, Amplespot may send up to three (3) email notifications within a fifteen (15) day period before suspending the Subscriber's account. Amplespot reserves the right to delete the Subscriber's Services after the final termination notice.

All fees are inclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.

Modification to Fees and Services

Amplespot reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Amplespot reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Amplespot Website (www.amplespot.com) or the Service itself.

Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the Account Settings tab and then Billing. The company Billing page has a simple "Cancel account" button. An email or phone request to cancel your account is not considered cancellation. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. Amplespot may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.

Intellectual Property Rights

You acknowledge that Amplespot owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Amplespot claims no intellectual property rights over the material you provide to the Service.

Publicity

Amplespot reserves the right to use your name as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential Amplespot customers. For example, we might list your company on one of our web pages under lists of Amplespot customers. We don’t want to list customers who don’t want to be listed, so you may send an email to support@amplespot.com stating that you do not wish to be used as a reference.

Warranties and Liability

Amplespot does not warrant that:

  • the Services will meet your requirements or expectations,
  • the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data
  • bugs or errors will be corrected,
  • the mathematical calculations performed by the Service is accurate.

The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Amplespot shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Amplespot has been advised of the possibility of such damages), resulting from your usage of the Service.

Indemnification

You agree to hold harmless and indemnify Amplespot, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Amplespot will provide you with written notice of such claim, suit or action. The failure of Amplespot to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Amplespot and govern your use of the Service, superseding any prior agreements between you and Amplespot (including, but not limited to, any prior versions of the TOS).

If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Amplespot on support@amplespot.com.

Jurisdiction & Disputes Resolution

This TOS and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. By using our Service you irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this TOS (including non-contractual disputes or claims).

Regulatory Compliance

Both you and Amplespot shall comply with all applicable laws relating to their respective activities and obligations under this TOS, including without limitation all applicable export control laws, obligations under the Data Protection Act 1998 and the provisions of the Bribery Act 2010.

© 2017 Ampletime Ltd. All Rights Reserved.