Section 1 - Background
By clicking on the ACCEPT button or installing and using the Octoconnect Services you are entering into a legally binding contract and agree to be bound by the terms and conditions of this Agreement. You hereby agree that this Agreement as updated from time to time covers all your use of the Octoconnect Services, whether it is from this installation or from any other terminals where Octoconnect Services have been installed, by you or by third parties.
This Agreement is made between you and Octoconnect only and not with any of the Channels (defined below). The Octoconnect Services, including customer support services, are not provided by the Channels but by Octoconnect, who is solely responsible for them subject to the terms of this Agreement.
You hereby agree to the use of electronic communications in order to enter into this Agreement and associated contracts, place orders and create other records and to the electronic delivery of notices, instructions, policies and records of transactions initiated or completed through the Octoconnect Services. You hereby waive any rights or requirements which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
In general, Octoconnect Services are open to all ages and users that can accept this Agreement and consent to data use under the Octoconnect Privacy Statement. But if you reside or are located in a jurisdiction (i) which restricts the ability to enter into agreements such as this Agreement according to age and you are under the relevant age limit, and/or (ii) where it is unlawful to offer or use software for voice or data communications, you may not enter into this Agreement and download, install or use the Octoconnect Services. You explicitly state that you have verified in your jurisdiction that your use of the Octoconnect Services is allowed.
Section 2 - Definitions
Channel: any third party physical or virtual shop, store, retailer, kiosk, portal, hardware provider, channel partner or similar vendor and any service provider associated with them, through or from which you download or access any Octoconnect Services.
Device: any device on which the Octoconnect Services are installed, accessed and/or used from time to time, including without limitation any type of computer, telephone, mobile phone, PDA, smartphone, tablet, console, set-top box, modem, e-book reader, music or media player, disk drive, camera or any other communications or networking device.
Documentation: any documentation provided by Octoconnect online or by any other method, including any instructions or policies relating to the use of the Octoconnect Services.
IP Rights: any and all intellectual and/or industrial property rights, including but not limited to copyrights, designs, database rights, trademarks and patents, as well as know-how and trade secrets (including trade and product names, signs, logos, or banners), whether registered or unregistered, contained in or relating to the Octoconnect Services, the Documentation or the Octoconnect Website.
Octoconnect: Nimbuzz BV, a company established under the laws of The Netherlands, with its address at Delftseplein 27-E, 3013 AA Rotterdam, The Netherlands; registration number Rotterdam Chamber of Commerce: 24360074; VAT number: NL 8138.35.732.B.01.
Octoconnect API: application program interface consisting of the set of routines utilized by the Octoconnect Services to provide the functionality for a given platform or operating system, the Octoconnect API being included in or linked to the Octoconnect Services.
Octoconnect Services: the facilities and suite of products and applications provided by Octoconnect under this Agreement including without limitation the software distributed by Octoconnect, the Octoconnect API, UI and Documentation, as well as any future programming fixes, updates and upgrades.
Octoconnect Staff: the officers, directors, employees, agents, consultants and advisors of Octoconnect or its related companies.
Octoconnect Website: all elements, content and ‘look and feel’ of all websites operated by or on behalf of Octoconnect from which Octoconnect Services can be downloaded or accessed, including without limitation the URL www.Octoconnect.com, as added to or substituted from time to time.
Third Party Service: any product, service, store, website, software and/or other technology owned and controlled by third parties which may be incorporated into or accessible through the Octoconnect Services or into which the Octoconnect Services may be incorporated.
UI: the user interface of any Octoconnect Service.
User Account: the account with user ID and password chosen by or assigned to you for the purpose of installing, accessing or using the Octoconnect Services.
Section 3 - Octoconnect Services Licence and Restrictions
Subject to the terms of this Agreement, Octoconnect hereby grants you a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-transferrable, non-assignable, free of charge licence to download, install, access and use the Octoconnect Services on one or more Devices for the sole purpose of using the phone number related applications provided by Octoconnect and any other applications that may be explicitly provided by Octoconnect, for personal use.
For the avoidance of doubt, you may use Octoconnect Services for communication purposes within your work or profession, in accordance with the terms of this Agreement. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights or access to third parties with regard to the Octoconnect Services or any part thereof.
You will not undertake, cause, permit or authorize the copying, modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, scraping or hacking of the Octoconnect Services or any part thereof.
The following shall apply to Third Party Services:
any Third Party Service that is incorporated in the Octoconnect Services is subject to the provisions of this Agreement;
use of Third Party Services may in addition be subject to your signing up for an account with and accepting the terms and conditions of the relevant third party, including provisions relating to processing of personal data which may differ from Octoconnect’s policies and for which Octoconnect is not responsible. You acknowledge and agree that you are not entering into a contractual relationship with Octoconnect or its related companies regarding such Third Party Services and your rights and obligations are exercisable exclusively between you and the applicable third party;
Octoconnect, in its sole discretion, reserves the right to add or delete features or functions, and/or to provide programming fixes, updates and upgrades, to the Octoconnect Services. You agree that Octoconnect has no obligation to make available to you any particular version or element of the Octoconnect Services and that they are subject to change, termination or suspension for any reason at any time, at Octoconnect’s discretion, including without limitation for maintenance, changes in applicable laws, requirements of the Channels, Octoconnect’s business decisions, breach though your User Account of any provision of this Agreement, or of the Documentation or other policies or instructions given from time to time, or for any other reason within or outside Octoconnect’s control. Octoconnect will not accept any liability in relation to any loss or damage whatsoever caused by the release and/or the absence of release of new versions of the Octoconnect Services and/or the suspension or termination of provision of or access to any part of the Octoconnect Services or this Agreement. You also agree that you may have to enter into a modified version of this Agreement, in order to download, install, access or use a new version of the Octoconnect Services.
You are responsible for protecting the confidentiality of the password associated with the Service and your Octoconnect account and for restricting access to your device while logged into the Service. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your Octoconnect account. The Company may assume that any communications the Company receives under your device have been made by you.
Section 4 - API Licence and Restrictions
Subject to the terms of this Agreement, Octoconnect hereby grants you a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable, free of charge licence to use the Octoconnect API for the sole purpose of enabling your application to connect with Octoconnect Services, provided that:
all such use of Octoconnect API is carried out for legitimate purposes and must in no way adversely affect the functionality or performance of the Octoconnect Services;
you will not remove, overwrite, conceal or otherwise make the UI inaccessible for end users;
you will not use the Octoconnect API in order to create derivative works based on or competitive with the Octoconnect Services or the Octoconnect API;
you will monitor the Octoconnect Website in order to ensure that you are aware of any changes in the applicable legal documents. In the event you cannot agree on any changes in any applicable legal document, you will immediately cease any and all use of the Octoconnect API and, where applicable, any and all use of the Octoconnect Services; and
you agree that your use of the Octoconnect API will be entirely at your own risk.
Octoconnect retains all IP Rights in and to the Octoconnect Services including the Octoconnect API and any derivative works created therefrom by or for Octoconnect or its licensors. You retain the intellectual property rights you may have in the applications, materials, products or processes you create which connect to the Octoconnect Services utilizing the Octoconnect API. Octoconnect, its related companies, or any of their licensors, licensees, assigns or successors, shall have no liability for any and all damages, liabilities, causes of action, judgments or claims: (a) pertaining to any intellectual property you develop that is based on, uses, or relates to the Octoconnect API; and (b) which otherwise may arise in connection with your use of, reliance on, or reference to the Octoconnect API.
If you are interested in doing anything else than permitted under this Agreement, please do contact Octoconnect to discuss a possible commercial arrangement. For the avoidance of doubt, any activity not expressly permitted under this Agreement always requires Octoconnect’s previous written consent.
Octoconnect is not responsible for the accuracy, completeness or currency of information made available to you on the Service and you should not rely on any such information being accurate, current or complete. The material provided to you by the Service is provided for general information only and should not be relied upon or used as the basis for making decisions. Any reliance on the material on the Service is at your own risk. We reserve the right to modify the Service at any time, but we have no obligation to update any information on the Service.
Section 5 - IP Rights
You acknowledge that all IP Rights in the Octoconnect Services, Octoconnect Website, Octoconnect API, software, networks, systems, content (including advertising content) and all other material provided to or accessible by you in connection with the Octoconnect Services or Octoconnect Website, are and shall remain the exclusive property of Octoconnect and/or its licensors and include materials protected under applicable IP Rights laws in various territories worldwide (whether or not registered). Nothing in this Agreement shall act as a transfer or assignment of any such IP Rights to you, or permit you to use such IP Rights except as provided by Octoconnect within the Octoconnect Services. You will not take any action to challenge, jeopardize, limit or interfere with the IP Rights. All IP Rights in and to any third party content, products or services that is not contained within the Octoconnect Services, but may be accessed through use of the Octoconnect Services, are the property of the respective owners.
You agree that you will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Octoconnect’s (or any other person’s) rights and ownership, in whatever form attached to, incorporated in or associated with the Octoconnect Services, Documentation or any other materials.
Section 6 - Use of the Octoconnect Services
The Octoconnect Services are designed to enable you to provide access to the wifi shared by other users.
Octoconnect requires verified phone number and valid email id before providing you access to the community WiFi shared by other users.
Octoconnect allows you to do speed test on the connected WiFi network. However it does not guarantee you about the data and result accuracy and will not be liable for any difference in speed test result.
Octoconnect will not share WiFi password to other user. Also password will be stored in encrypted format on server database.
Octoconnect stores all the data related to the WiFi hotspot/access point such as SSID, BSSID, MAC, LAT, LONG, FREQUENCY, Link Speed, Download/Upload Speed, Password, Capabilities, Security type etc on server Database and will be shared with other users (password will be encrypted and other users will not be able to see).
Octoconnect also provides you your mobile data and WiFi usage. However it does not guarantee you about the accuracy of data and will not be liable for any inaccuracy found in results.
Octoconnect ask for the user’s consent before uploading or contributing WiFi on the cloud and providing access to the other users. Octoconnect user can delete the shared WiFi anytime using the app.
Octoconnect alerts you in case of any community network is available nearby or in range. However it does not guarantee that you will always get alerts in case of WiFi available and might vary depending on the circumstances.
Octoconnect cannot guarantee that you will always be able to get FREE wifi.
You will use the Octoconnect Services exclusively for lawful purposes. In particular but without limitation you may not (a) intercept, monitor, interfere with or modify any data which is not intended for you, (b) interfere with, hack, disrupt or gain unauthorised access to any network, computer system, database, server or hardware of Octoconnect or any other person, (c) impersonate any other person or use their User Account or ID, (d) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to attack, distort, delete, damage, disassemble or otherwise interfere with the Octoconnect Services or network, (e) send any unsolicited commercial communication not permitted by applicable laws, regulations or codes of practice (e.g., spam), (f) collect or harvest personal information from other users (e.g., phishing), (g) harass or threaten any person, (h) expose any person to or provide to Octoconnect any material or data which is false, offensive, defamatory, harmful to minors, indecent, illegal, in breach of third party rights or otherwise objectionable, or (i) undertake any activity that is in breach of the law, public order, or public morality using the Octoconnect Services.
Octoconnect reserves the right to edit, correct, take down, store and/or permanently delete any material posted by you in any user profile, forum, chat or other use of the Octoconnect Services that Octoconnect in its discretion deems to be in breach of the above rules or otherwise inappropriate for any reason, or as required by any public authority, and to cooperate with and when requested to do so retain and/or provide such material to any such authority. You understand that sending or posting content referred to in Section 6.4 may result in termination of this Agreement and/or your exclusion from some or all Octoconnect services.
You must only use the Octoconnect Services in accordance with the terms of your agreement(s) with your internet service, mobile and fixed line communications provider as applicable. You must not use Octoconnect Services if they are not permitted by such agreement(s).
You agree that Octoconnect may impose limits on the use of the Octoconnect Services and/or terminate your use of the Octoconnect Services in order to prevent other users receiving too many contact requests, to ensure “fair use”, and to protect the Octoconnect Services and networks, in particular if it appears to Octoconnect that the Octoconnect Services or networks are being resold or otherwise misused including through their use or access using any software or system not distributed or authorised by Octoconnect.
You acknowledge that the contents of any communication sent or received using the Octoconnect Services is exclusively the responsibility of the person from whom such communication or content originated. You will be solely liable if you send or receive content referred to in Section 6.4 and you accept the risk that such content might be sent to you. Octoconnect will not be liable for any type of communication made by means of the Octoconnect Services. You may report an infringement of this Agreement or inappropriate content, behaviour or use of the Octoconnect Services from or by any other user to support@Octoconnect.com although all decisions on any action to be taken shall be at Octoconnect’s sole discretion.
Section 7 - Utilization of your Device
You hereby acknowledge and agree that:
the Octoconnect Services may utilize the processor and bandwidth of any Device used to access or use them;
use of the Octoconnect Services is currently not subject to any charge from Octoconnect but may require you to contract, set up and pay for data and/or other communications services from your internet service, mobile or fixed line communications provider, including roaming charges if you are outside your home country. Please check the terms of your agreement with your communications provider before using the Octoconnect Services as you are solely responsible for all such costs and for selecting and paying for the appropriate Device, data, communications and internet access services and plans you wish to use with the Octoconnect Services; and
within the Octoconnect Services Octoconnect or its third party providers may serve and deliver advertisements to and access, index and record responses made from your Device. Any contacts with advertisers are made at your own discretion and risk and may be subject to their applicable terms of service or sale and privacy policies which are not controlled by Octoconnect and may differ from Octoconnect’s policies.
You acknowledge that Octoconnect will use its commercially reasonable efforts to protect the privacy and proper functioning of your Device and of your communications, but that Octoconnect does not give any guarantees in this respect.
Section 8 – Octoconnect Paid Services
Octoconnect Services are currently free to use (other than third party charges referred to in Section 7). Octoconnect may introduce paid services in the future but will inform you clearly in advance of such services and charges and will not charge you without your agreement.
Section 9 - Term and Termination
This Agreement will be effective from the date on which you accept it by (i) clicking on the ACCEPT button as stated above, or (ii) your first use of the Octoconnect Services, and will remain effective until terminated by either Octoconnect or you as set out below.
Without limiting any other remedies, Octoconnect may without prior notice to you restrict, suspend or terminate any licences granted hereunder and/or your use of any version or element of the Octoconnect Services, block access to the Octoconnect Website and/or suspend or cancel your User Account and/or ID, with immediate effect, if Octoconnect reasonably believes you have failed to comply with any terms contained in this Agreement, the Documentation and/or Octoconnect’s other policies or instructions, you have infringed someone else’s rights (e.g. copyrights, other intellectual property, or privacy rights), or engaged in any fraudulent, immoral or illegal activity. Octoconnect reserves the right to cancel User Accounts that have been inactive for more than six months.
You may terminate this Agreement with immediate effect at any time provided that you meet all the conditions set out in Section 9.4 below.
Upon termination of this Agreement for any reason (a) all licences and rights to use the Octoconnect Services including the Octoconnect API shall terminate, and (b) you will cease all use of the Octoconnect Services, and (c) you will remove the Octoconnect Services from all Devices, hard drives, networks and other storage media and destroy all copies in your possession or under your control.
Octoconnect WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE CAUSED BY THE TERMINATION OF THIS AGREEMENT WHETHER OR NOT Octoconnect HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
Section 10 - Representations and Warranties; Indemnification of Octoconnect
You represent and warrant that you (i) are authorized to enter into this Agreement and comply with its terms, and to use all Octoconnect Services that you use, (ii) will only provide true, accurate, up to date and complete registration, contact and billing information, (iii) have all required permissions to provide any data belonging to third parties that you provide to Octoconnect; and (iv) will at all times comply with your obligations hereunder, as well as any and all applicable laws, regulations and policies.
You agree to indemnify, defend and hold Octoconnect, its related companies and the Octoconnect Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees, in connection with or arising out of the absence, failure or outage of the Octoconnect Services and/or your (a) breach of any term of this Agreement or any applicable law or regulation, or (b) breach of any rights of any third party, or (c) use or misuse of the Octoconnect Services, or (d) use and/or modification of the Octoconnect API and/or any application created using the Octoconnect API, or (e) contacts made by means of the Octoconnect Services.
You acknowledge that the Octoconnect Services may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Octoconnect Services as well as end-user, end-use and destination restrictions issued by national governments or international bodies.
Section 11 - Disclaimer of Warranties
THE Octoconnect SERVICES ARE PROVIDED “AS IS”. Octoconnect HEREBY EXCLUDES ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE Octoconnect SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR ANY PARTICULAR PURPOSE OR REQUIREMENT. Octoconnect DOES NOT REPRESENT OR WARRANT THAT THE Octoconnect SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT DATA, FILE OR PACKET LOSS, NOR DOES Octoconnect WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET OR ANY FIXED OR MOBILE COMMUNICATIONS NETWORK, OR ANY QUALITY, ACCURACY OR RELIABILITY OF DATA SENT THROUGH THE Octoconnect SERVICES.
You agree that the entire risk arising out of the use or performance of the Octoconnect Services remains with you, to the maximum extent permitted by law.
To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you and Octoconnect’s liability will in that case be limited as far as possible under applicable law.
Section 12 - Limitation of Liability
YOU AGREE THAT Octoconnect, ITS RELATED COMPANIES, ITS LICENSORS AND THE Octoconnect STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE Octoconnect SERVICES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, INCLUDING FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, CONTRACT, BUSINESS, GOODWILL OR DATA, COMPUTER FAILURE OR PECUNIARY LOSS), EVEN IF Octoconnect, ITS RELATED COMPANIES OR THE Octoconnect STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING THOSE ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE Octoconnect SERVICES TO IDENTIFY OR BLOCK PARTICULAR CALLS.
YOU ALSO AGREE THAT THE CHANNELS ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WHATSOEVER IN RELATION TO THE Octoconnect SERVICES INCLUDING WITHOUT LIMITATION IN RELATION TO THE SALE, DISTRIBUTION OR USE, PERFORMANCE OR NON-PERFORMANCE THEREOF, PRODUCT LIABILITY, THIRD PARTY INTELLECTUAL PROPERTY CLAIMS, NON-COMPLIANCE WITH ANY APPLICABLE WARRANTY, LAW OR REGULATION (INCLUDING CONSUMER PROTECTION AND SIMILAR LEGISLATION), AND ANY CONTENT INCLUDED THEREIN THAT THEY HAVE NOT PROVIDED.
YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Octoconnect SERVICES IS TO DE-INSTALL AND CEASE USE OF SUCH Octoconnect SERVICES, SAVE IN RESPECT OF Octoconnect SERVICES PURCHASED FROM A CHANNEL, IN WHICH CASE IF SUCH Octoconnect SERVICE FAILS TO COMPLY WITH ANY APPLICABLE WARRANTY, YOU MAY BE ENTITLED TO CONTACT SUCH CHANNEL AND REQUEST A REFUND OF THE PURCHASE PRICE AS ITS EXCLUSIVE OBLIGATION IN ACCORDANCE WITH ITS APPLICABLE TERMS AND CONDITIONS.
Octoconnect DOES NOT ENDORSE OR WARRANT AND ACCEPTS NO LIABILITY FOR ANY CONTACT, CORRESPONDENCE, TRANSACTIONS OR LOSS AND DAMAGE THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY THROUGH THE Octoconnect SERVICES OR Octoconnect WEBSITE, WHETHER OR NOT SUCH THIRD PARTY ADVERTISES WITHIN THE Octoconnect SERVICES OR Octoconnect WEBSITE. YOU ACKNOWLEDGE THAT PARTICULAR CARE IS REQUIRED - AND Octoconnect WILL HAVE NO LIABILITY FOR ANY ADVERTISEMENT, ANY INFORMATION TRANSMITTED OVER THE Octoconnect SERVICES OR WEBSITE OR ANY DECISIONS MADE - IN CONNECTION WITH ANY FINANCIAL SERVICES OR PRODUCTS.
To the extent that any jurisdiction does not permit any of the exclusions or limitations set out above, some of these exclusions or limitations may not apply to you and Octoconnect’s liability will in that case be limited as far as possible under applicable law.
Section 13 - General Provisions
Octoconnect reserves the right to modify this Agreement at any time by notifying you by any reasonable means or by publishing the modified Agreement on the Octoconnect Website. The modified Agreement shall become effective thirty days from such publication or notification, unless you expressly accept the modified Agreement earlier. Such express acceptance by you, or your continued use of any Octoconnect Service after expiry of the notice period of thirty days, shall constitute your acceptance to be bound by the terms and conditions of the modified Agreement. You can access the latest version of this Agreement at http://Octoconnect.com/terms
Octoconnect’s privacy statement, available at http://Octoconnect.com/privacy, the Documentation, and all other applicable policies and instructions on the Octoconnect Website or contained within or applicable to the Octoconnect Services form part of this Agreement.
Should any term or provision hereof be deemed to be invalid, void or unenforceable this shall not affect the other terms of this Agreement, which shall remain in full force and effect.
The failure or delay by Octoconnect to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed by Octoconnect.
You cannot assign this Agreement or any rights or obligations hereunder. Octoconnect may assign this Agreement or any rights or obligations hereunder to any person, without prior notice.
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without giving effect to any conflict of laws, but without depriving you of the benefit of any consumer protection rules that must be given to you in accordance with the terms of any international treaty.
Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the Netherlands, district of Rotterdam.