Effective 13th of June 2013
Your acceptance of these Terms is required in order for you to access and use the Anyfi.net Services. By accepting these Terms by clicking “accept” or “agree” where indicated, and/or by using the Anyfi.net Services, you are entering into a legally binding agreement with us. Please read these Terms carefully.
We reserve the right at our discretion to modify these Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you, if any, or via other notification mechanisms. We may require your assent to the modified terms as a condition of your continued access to the Anyfi.net Services. Your continued use of the Anyfi.net Services will indicate your continued acceptance of these Terms.
If you are acting on behalf of a company or other legal entity, you represent that you have the authority to bind such company or other legal entity and its affiliates to these Terms. If you lack such authority, or if you do not assent to these Terms, you may not use the Anyfi.net Services.
“Anyfi.net Services”: Anyfi.net Software in conjunction with Anyfi.net Public Controllers operated by us and made publically available via the Internet, reachable at demo.anyfi.net and/or test.anyfi.net.
"Anyfi.net Public Controllers": servers running Anyfi’s proprietary Controller software designed to communicate with and coordinate the actions of Anyfi.net Software.
"Anyfi.net Software": Anyfi's proprietary embedded software designed for networking equipment (such as a router, modem or gateway), enabling use of such networking equipment in conjunction with Anyfi’s proprietary Controller software.
“Inbound Roaming”: the service that we provide to third parties when we let them access their Wi-Fi networks remotely through an access point that you have connected to Anyfi.net Public Controllers.
“Outbound Roaming”: the service that we provide to you when we let you access your Wi-Fi networks remotely through an access point that a third party has connected to Anyfi.net Public Controllers.
"We", "us", "our" or "Anyfi": Anyfi Networks AB, organized under the laws of Sweden.
"You" or "your": the individual using the Anyfi.net Services, or clicking "accept" or "agree" where indicated, and thereby becoming bound by these Terms, and the company or other legal entity represented by such individual, and all affiliates thereto.
Your network security is important to us. Anyfi.net Software has been designed to offer the same level of protection for remote connections as the standard Wi-Fi security mechanisms provide for local use. We do not transmit your Wi-Fi authentication credentials across the network, not to Anyfi.net Public Controllers nor to any third party.
2.1 Security Research. Notwithstanding any provision of these Terms (which as you will note include a license to Anyfi.net Software) you are permitted to research the security of the Anyfi.net Services and to publish your findings, on condition that you:
2.2 Obligation to Report. If you discover a security vulnerability or similar defect in the Anyfi.net Services you must notify email@example.com.
2.3 Prohibited Acts. You are prohibited from breaching or attempting to breach any security features of the Anyfi.net Services, including, without limitation:
2.4 Illicit Access. You may not attempt to gain unauthorized access to other computer systems or networks connected to any of our servers, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Anyfi.net Services, which is for your business or personal use only. Without limiting the generality of the foregoing, you will not publish, distribute or transmit to the general public via any medium, the Anyfi.net Services, except through or as otherwise authorized by us, and you will not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Anyfi.net Services. You will not remove any copyright, trademark or other proprietary rights notices associated with or visible via use of the Anyfi.net Services. You are responsible for adhering to all laws, rules and regulations applicable to your use of the Anyfi.net Services.
In order to use the Anyfi.net Services, you will need networking equipment incorporating Anyfi.net Software. You can purchase equipment with the software pre-integrated, or you can contract with us separately to integrate the software into your existing equipment.
3.1 Necessary Systems. Access to and ability to effectively use the Anyfi.net Services is conditioned on your procurement of all necessary systems, hardware, software, operating environments, connectivity, and Internet access. You acknowledge that use of the Anyfi.net Services requires connection to, and data transfers over, the Internet and therefore may impact data usage charges.
3.2 No Guarantee of Commercial Availability. We are working hard to make Anyfi.net Software available on more hardware platforms, but we cannot guarantee availability of Anyfi.net Software on your networking equipment, or the commercial availability of any networking equipment incorporating Anyfi.net Software.
3.3 No Replacement of the Software. The Anyfi.net Services may only be used with Wi-Fi mobility software certified by Anyfi Networks to be compatible with the Anyfi.net protocol. At the present time only Anyfi.net Software is certified as compatible.
3.4 No Interference with Interoperation of Software and Public Controllers. You shall not modify or interfere with the interoperation of Anyfi.net Software and Anyfi.net Public Controllers.
We make Anyfi.net Services available to you primarily for demonstration and evaluation purposes. You are however free to use these services for any purpose, so long as you comply with these Terms.
4.1 Availability. We will use commercially reasonable efforts to make the Anyfi.net Services available worldwide 24 hours a day, 7 days a week, except for (a) planned downtime; and (b) any unavailability caused by circumstances beyond our reasonable control. We reserve the right to withdraw this offering at any time for any reason upon 90 days notice.
4.2 Support. We are not under any contractual obligation to provide end-user support or other similar services of any kind in relation to the Anyfi.net Services (but you may still email us at firstname.lastname@example.org).
4.3 Notifications. For purposes of service messages and notices about the Anyfi.net Services to you, we may place a banner notice across site pages, impose Network Access Restrictions and redirect your browser to webpage with the notice, or via other means alert you to certain changes such as material modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with you, even if we have other contact information. You also agree that we may communicate with you through other contact information that you have provided to us.
4.4 Inbound Roaming. You agree that we may use any access point you connect to the Anyfi.net Public Controllers to provide third parties with remote access to their Wi-Fi networks. If your Internet Service Provider implements volume based pricing you are responsible for paying any data charges associated with such third parties' use of your broadband connection.
4.5 Outbound Roaming. When you come within radio range of an access point incorporating Anyfi.net Software connected to Anyfi.net Public Controllers we may connect your Wi-Fi devices to your Wi-Fi network remotely, through a Wi-Fi over IP tunnel. You hereby consent to this and accept any associated risks.
We have put a lot of effort into developing Anyfi.net and the related intellectual property rights, and therefore must ensure that we retain ownership of the same.
5.1 Retention of Intellectual Property Rights. You acknowledge and agree that we and/or our suppliers retain any and all right, title and interest in and to the Anyfi.net Services (and all copies thereof), and all associated intellectual property rights. Nothing herein will be construed as a transfer or assignment by us of any intellectual property rights.
5.2 Feedback. You agree that we may freely use and exploit in perpetuity any feedback, requirements, recommendations, ideas, bug fixes, comments, suggestions, or improvements, that you may at any time disclose or submit to us relating to the Anyfi.net Services for our business purposes, including for product licensing, support and development, without any obligation or payment to you.
5.4 Unauthorized Use. You will not use the Anyfi.net Services or participate in any activities via the Anyfi.net Services in a manner that is prohibited by law or these Terms or violate third parties rights in any applicable jurisdiction, including third parties' reasonable expectation of privacy.
6.1 Disclaimer. TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, the Anyfi.net Services and related software and services is provided "as is" and with all faults, and WE DISCLAIM ALL WARRANTIES OF ANY KIND with respect to the Anyfi.net Services and related software and services, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Anyfi.net Services will meet your requirements, goals or needs, (b) Anyfi.net Services access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies in the Anyfi.net Services will be corrected.
6.2 Exclusions. Excluding only damages arising out of our gross negligence, liability for our fraud, death or personal injury caused by our negligence, or any other loss for which we cannot lawfully exclude liability, we will not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of revenue, profits, savings, opportunities, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from use or inability to use the Anyfi.net Services or otherwise arising from or related to these Terms, the Anyfi.net Services, or related software and services. Excluding only our liability for our fraud, death or personal injury caused by our negligence, or any other loss for which we cannot lawfully limit liability, our total maximum aggregate liability to you or any third party in any circumstance arising from or relating to these Terms, the Anyfi.net Services, and related software and services is limited to the greater of one hundred euros or all amounts paid by you to us during the twelve-month period preceding the occurrence of the claim or incident. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The foregoing limitations and exclusions apply to the maximum extent permitted by applicable law.
7.1 Force Majeure. Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will give rise to any claim against such party or be deemed to be a breach of this Agreement if and for as long as such failure or omission arises from any cause beyond the reasonable control of that party.
7.2 Trademarks; Media. You are granted no right, title or license to any third party trademarks by these Terms, or to any of our trademarks or servicemarks. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, domain names, and similar identifiers, including Anyfi.net™.
7.3 Governing Law. These Terms, the Anyfi.net Services, and any disputes related to or concerning any of the foregoing (including tort as well as contract claims, and whether pre-contractual or extra-contractual) will be governed by the laws of the Sweden. The choice of law rules of any jurisdiction will not apply and neither party will invoke any of the foregoing in any proceeding between the parties.
7.4 Dispute Resolution. Any disputes between or claims brought by you or us arising out of or related to these Terms, the Anyfi.net Services and related software and services (including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) will be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC") in effect at the time of arbitration except as inconsistent with this section. The arbitration will be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. If in-person appearance is required, such hearings will be held in Copenhagen, Denmark if arbitration is initiated by you, or in the capital city of the country in which you reside or maintain your corporate headquarters if arbitration is initiated by us. The arbitrator will apply the law specified in Section 7.3 above. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, must be kept confidential. Except as required by law, no party will make any public announcements with respect to the proceeding or the award, except as required to enforce same. The parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this section will preclude the right and ability to file and maintain at any time an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim.
7.5 Assignment. We may at any time assign these Terms without prior consent or notice. These Terms will be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
7.6 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Anyfi.net Services, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive or provisional relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
7.7 Miscellaneous. The Terms constitute the entire agreement between you and us and govern your use of the Anyfi.net Services, superseding any prior agreements, understandings, communications or proposals. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. No waiver of any provision of these Terms will be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision. Nothing herein will be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party.