iLoyal Wi-Fi Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

– AGREE: BY USING THE SERVICE OR CLICKING “I AGREE” USER IS AGREEING TO BE BOUND BY THIS AGREEMENT.

– CANCEL: IF USER DOES NOT WANT TO AGREE TO THIS AGREEMENT CLICK “I REJECT,” BUT THEN USER CANNOT USE THE SERVICE.

This agreement is between iLoyal, Inc., a Nevada corporation (iLoyal), and the entity or individual agreeing to these terms (User).

1. GUEST WI-FI SERVICE. This agreement provides User access and usage of the iLoyal guest WI-FI service (Service) from an iLoyal customer (iLoyal Customer).

2. USE OF SERVICE.

a. User Responsibilities. User (i) must keep its passwords secure and confidential; (ii) is solely responsible for all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify iLoyal promptly of any such unauthorized access; (iv) may use the Service only in accordance with the iLoyal technical documentation and applicable law; and (v) is responsible for paying all of its device provider and other third-party access charges.

b. Privacy Policy. The iLoyal Privacy Policy (http://www.iLoyal.com/wifi-legal) is incorporated into this agreement for all purposes. Please read the Privacy Policy carefully for information relating to the iLoyal collection, use, and disclosure of personal information. This policy may change over time.

· Data Collection by Customer: During and after the Term (defined below), the iLoyal Customer will collect certain information based on how it configures the Service, and whether you use the Service anonymously or login through a social media account. This information will be retained by Customer and used for marketing purposes.

· Data Collection by iLoyal: During and after the Term, iLoyal may use non-personally identifiable data collected or transmitted through the Service for purposes of enhancing the Service, aggregated statistical and marketing analysis (which reports will be provided to Customers), technical support and other business purposes. iLoyal may also use a limited set of personally identifiable data (such as MAC addresses) as necessary for identifying Users who move between iLoyal appliances. All of this non-personally identifiable data will be retained by iLoyal, and the personally identifiable data will be licensed to iLoyal by the Customer and retained by iLoyal.

3. Disclaimer. the Service IS provided AS IS. iLoyal disclaims all warranties, including, without limitation, the implied warranties of merchantability, title and fitness for a particular purpose. WHILE ILOYAL takes reasonable physical, technical and administrative measure to secure the Service, iLoyal does not guaranty that the Service cannot be compromised.

4. iLoyal PROPERTY.

a. Reservation of Rights. The software, hardware, user interface, designs, know-how, and other technologies provided by iLoyal as part of the Service are the proprietary property of iLoyal and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with iLoyal. User may not remove or modify any proprietary marking or restrictive legends in the Service. iLoyal reserves all rights unless expressly granted in this agreement.

b. Restrictions. User may not: (i) sell, resell, rent or lease the Service or use it in a service provider capacity; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortuous material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or its related systems or networks; (v) reverse engineer the Service; or (vii) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.

5. TERM and Termination.

a. Term. This agreement continues until your access to the Service is terminated by either party with or without notice or cause (Term).

b. Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.

c. Return or Destroy iLoyal Property Upon Termination. Upon termination of this agreement for any reason, User must pay iLoyal for any unpaid amounts, and destroy or return all iLoyal property of iLoyal. Upon iLoyal request, User will confirm in writing its compliance with this destruction or return requirement.

d. Suspension of Service for Violations of Law. iLoyal may temporarily suspend the Service, or both, if it in good faith believes that, as part of using the Service, User has violated a law or a restriction in this agreement.

6. LIABILITY LIMIT.

A. Exclusion of indirect Damages. iLoyal is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; lost profits and any failure of delivery of the Service).

B. total limit on Liability. iLoyal’s liability for all damages arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed $50.

7. USER Indemnity. If any third-party brings a claim against iLoyal related to User’s acts, omissions, data or information within the Service or iLoyal hardware, User must defend, indemnify and hold iLoyal harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

8. GOVERNING LAW AND FORUM. This agreement is governed by the laws of the State of Nevada (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement (Claim). Any suit or legal proceeding must be exclusively brought in the federal or state courts for Las Vegas, Nevada, and User submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.

· Optional Arbitration for Claims Less than $10,000. Notwithstanding the foregoing, for any Claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may chose to resolve the dispute in a more cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, they must initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator is final and may be entered in any court of competent jurisdiction.

9. OTHER TERMS.

a. Entire Agreement and Changes. This agreement and the Privacy Policy constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiation or agreement, whether oral or written, related to this subject matter. User is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No modification of this agreement is effective unless both parties sign it, and no waiver is effective unless the party waiving the right signs a waiver in writing.

b. No Assignment. Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.

c. Independent Contractors. The parties are independent contractors with respect to each other.

d. Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Neither party is liable for force majeure events.

e. Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.

f. Survival of Terms and no CISG. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive. The UN Convention on Contracts for the International Sale of Goods does not apply.

 

WiFi Privacy Statement

Important to Us Too: iLoyal, Inc (“iLoyal”) respects your privacy and is committed to maintaining the privacy of personal data we collect. The purpose of our Privacy Statement is to demonstrate our commitment to the privacy and protection of all persons who provide personal data to iLoyal, Inc.

Description: This Privacy Statement describes the ways we collect information from and about you, and what we do with the information, so that you may decide whether or not to provide the information.

Where You Visit Us: By visiting iLoyal websites, mobile services, providing your personal information to iLoyal via a iLoyal appliance (device) or any other means, you are accepting and consenting to the practices described in this Privacy Statement.

Choice: Whether you login, access our WiFi networks, upload information to our websites, use our mobile SMS system, you can choose to opt-out of certain features (but then you might not be able to take advantage of many of the features).

1. WHAT WE COLLECT AND WHY?

If you don’t login to the WiFi service: If you have a WiFi equipped device AND WiFi is turned on, iLoyal WiFi services collect your device unique MAC address, manufacturer information, location data, calculate and analyze web data and demographic data.

· We then make anonymous and analyze this information in order to provide our customers with valuable analytics reports so they can improve their operations.

If you login to the WiFi service: If you login to a iLoyal WiFi service or mobile SMS text system (usually by using a single sign-in service such as Facebook or an Open ID provider) AND choose to share certain personal information with us, iLoyal, inc, inc will collect, store and process personal information (and share with our customers who will use it for marketing purposes) that you have allowed your social media service (Facebook, Twitter, Google, Yahoo, Yelp, etc.) to share with us (this could include your name, contact information, email address, mobile phone number, IP address, MAC address, social media information, product and service selections and other things that identify you individually).

· We comply with applicable law in storing this information.

· You can choose to opt-out of our customers’ marketing programs under their terms of service and privacy policies.

Online registration data: If you place an order on our site,you will provide personal information (such as, name, address, phone number, email address, billing and technical contact information, and credit card numbers).

2. HOW WE COLLECT INFORMATION?

MAC Addresses: When your WiFi enabled device is on, it regularly sends “shout-outs” to nearby wireless networks that say the equivalent of “Here I am, Here I am.”

· All phones, computers, and other WiFi enabled devices send these signals to introduce themselves to WiFi networks that may be available to them.

· Included in each shout-out is a unique identifier called a MAC address. This combination of numbers and letters uniquely identifies your specific mobile device. The MAC address is not the same as your telephone number. You can find more information about MAC addresses on Wikipedia.

iLoyal WiFi Service, Software and iLoyal Devices: iLoyal develops WiFi software and provides to our customers a small local wireless network device, which is provided by our customers as a WiFi service to you.

· This WiFi service can recognize and transmit to our servers (via a VPN) the MAC addresses when WiFi devices near it reaches out to nearby wireless networks.

· Since our WiFi devices are located within known establishments, it can derive (for example) the location of a given MAC address at a specific time, and thus produce things like useful reports to our customers.

3. WHO WE SHARE INFORMATION WITH?

Customers: We share data and reports with our customers that contain both anonymous, aggregate analysis based on data collected from the WiFi device, and personally identifiable data that you chose to share with the WiFi service (for example, through your social media accounts).

· Our customers can only access information collected by their iLoyal devices.

· Our customers can access aggregate analysis and report data collected by other iLoyal devices.

Service Providers and Contractors: We share information as necessary to certain third party independent contractors as part of our service (for example hosting provider or credit card processor). These companies will generally have agreements in place with us to only use the information iLoyal provides for our benefit.

Legal Requirements: We may be required by law or legal request to disclose your information, and we will try to take steps to limit any such disclosure.

Change of Ownership: If we are acquired or otherwise sell our business, we will transfer all of the information in our systems to the successor entity. We will try to notify you of any change in ownership or sale by either posting it on our site or by emailing you (at the email address in the system).

4. HOW WE STORE DATA?

Remote Storage: No data is stored on a iLoyal device. Once collected, data is transferred securely (using VPN) and is made anonymous (hashed) before it is stored on secure servers at our data center provider.

· Hashed data can’t be “reverse engineered” to reveal a device’s MAC address.

5. SECURITY OF YOUR INFORMATION

Security Measures: iLoyal committed to industry best practices approaches concerning security measures to prevent the loss, misuse and alteration of the information in our possession.

· We use various security measures to protect the information we collect, as appropriate to the type of information, including encryption, firewalls, and access controls.

· We store information you provide to us on a computer system located in a controlled facility with a limited access.

6. OTHER THINGS

Corrections: If you believe that any personal information we have about you is incorrect or might be used inappropriately, please contact us at www.iloyal.com/wifi-legal We will take steps to correct or delete the information as appropriate.

Inquiries: If you have a question or complaint about this Privacy Statement or our information collection practices, contact us at www. iLoyal.com or write us at WiFi Compliance Officer, iLoyal, Inc., 1930 Village Circle Ctr. #3-8182, Las Vegas, NV 89134

We will investigate the matter and are committed to resolve any privacy concerns that you may have.

No Children Under 13: We do not intentionally gather personal information about individuals who are under 13.

Changes: Our business changes constantly and our Privacy Statement may also change.

· You should check our website frequently toa see recent changes.

· This Privacy Policy was last updated on July 2, 2015.