Everyfi | Terms and Conditions

Welcome to Everyfi (hereinafter, “Everyfi”). This end user agreement, (hereinafter, “Everyfi End User Agreement”) informs you about the terms and conditions of the service provided through Everyfi. The Everyfi End User Agreement regards the conditions of the service provided by Fon Wireless Limited (hereinafter, “Fon” or “us”). Fon is a company registered in the UK with company number 5661131 located at 25 Farringdon Street, London, EC4A 4AB, United Kingdom.

  1. EVERYFI SERVICES

    • Description of the Services

      Everyfi will allow you to access a WiFi connection through Everyfi Hotspots intended for this service and in the territories where it is available (hereinafter, the "Service"). In order to allow the access connection to the available Everyfi Hotspots, you should use the Map to find the closest Everyfi Hotspots and you will be connected automatically without password authentication. 

      The Everyfi Hotspots are available for you as the Owners of such hotspots have given their authorization to share the access passwords. However, the Owners may revoke this authorization at any time, in that case, such Everyfi Hotspot shall not be available to get access.

      Everyfi has two types of subscriptions, a) a paid subscription (hereinafter “Everyfi Paid Subscription”) and b) a free subscription (hereinafter “Everyfi Free Subscription”). Everyfi Paid Subscription lets you enjoy the access or temporal paid access service to the Fon Network exclusively, after paying a recurring or temporal subscription. Meanwhile, the Everyfi Free Subscription offers you a limited access to the Service which may be subject to a number of megabytes and subject to specific conditions applicable at the time of such subscription.

      In relation to Everyfi Paid Subscription, you shall not exceed 5 GB per month for the usage of the Services, in order to protect and to guarantee that all users get treated equally according to Fon’s fair usage policies.

      In order to create a large list of Everyfi Hotspots and provide the Service in many places, Fon may ask you for information related to such hotspots or venues.

      In order to include new hotspots to become Everyfi Hotspot, you confirm that the Owner is aware of Everyfi Service and you also confirm that the Owner has given you the consent to add such hotspot and share its access password in the Everyfi App.

      You will be responsible for the incorrect use of the access password, including but not limited to, add the access password without Owner consent, make the password available in any platform or system different from the Everyfi App, or share the password in any manner not specifically included in this Everyfi End User Agreement. Fon does not in any way assume responsibility for any unauthorized addition of new hotspots to the Everyfi App and neither for any unauthorized or unlawful use.

    • Who is subject to this Everyfi End of User Agreement?

      By downloading Everyfi App or using Everyfi, Everyfi End User Agreement, Everyfi’s Privacy Policy and Everyfi App Software License Agreement applicable to Everyfi Service (hereinafter and collectively referred to as the “Agreement”) will automatically apply to you. Please read the Agreement carefully, it could affect your legal rights. If you do not agree to this Agreement, you may not access the Everyfi Service, so please refrain from using it.

      You acknowledge that you have not relied on any other representations not specifically included in this Agreement. You represent that you are of legal age and have the legal capacity to enter into this Agreement. If you are contracting on behalf of a company, you represent that you are authorized to enter into this Agreement and agree to be personally liable for all accounts if you are not so authorized.

    • Who can access Everyfi Hotspots?

      In order to access the Service you need to download the Everyfi App through a third party store or market platform (hereinafter “Third Party Platform”) (i.e Google Play, iTunes, etc.) and you may need to register with Fon and click to confirm that you have read, understood, and accept the Agreement and the other terms where applicable.

      Our registration process may ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must also keep the information that you provide up-to-date.

      You may have the opportunity to choose a unique username, and you must remember this username or else store it in a safe place. You must keep your password secret and not divulge it or share it with others.

      You have the obligation to immediately inform Fon as to any knowledge that you have regarding the improper use of the identifiers and/or passwords, including theft, loss, or unauthorized access, so as to immediately cancel the password/identifier. As long as Fon has not been informed of such, Fon shall be exempt of any liability derived from the improper use of the identifiers or passwords by unauthorized third parties.

      You shall communicate to Fon any modifications of the information contained in your registration form as well as any subsequent modification of such information.

      Any information or data collected or stored by Fon is subject to Fon’s Privacy Policy.

  2. QUALITY OF SERVICE AND LIABILITY

    Fon is committed to ensuring that the Everyfi and the Service are as useful and efficient as possible. For that reason, Fon reserves the right to make changes to Everyfi and Service at any time and for any reason.

    • The Everyfi Hotspots are not owned or operated by Fon. Fon is not able to estimate upload or download speeds at these locations.
    • Fon is unable to provide any warranties as to the levels of connectivity you will receive via your mobile or device. This may depend upon your tariff or your network provider, your handset and your location related to an Everyfi Hotspot.
    • Fon will not accept any responsibility for any connectivity issues you may experience. Therefore, you acknowledge that the Service is provided on “as is” basis without warranty of any kind, including but not limited to the satisfactory quality of the Services and/or the proper application of the Services for any concrete purpose.

    If you download the Everyfi App outside of a WiFi area, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing or downloading Everyfi, or other third party charges.

    In using Everyfi, you’re accepting responsibility for any such charges if you are not duly connected to an Everyfi Hotspot through Everyfi, including roaming data charges when using Everyfi or the Service outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using Everyfi, please be aware that Fon assumes that you have received permission from the bill payer for using and/or downloading Everyfi.

  3. PAYMENTS, CANCELLATIONS AND TERMINATION OF THIS END USER AGREEMENT

    For monthly payment subscriptions the payment of Everyfi will be done through the Third Party Platform and such payment will be done by way of a recurring payment subscription (hereinafter “Paid Subscription”). In case of a temporal paid service access, Fon will inform you of the payment mechanism applicable.

    If you reside in a country which is part of the European Union and you have purchased Everyfi Paid Subscription through Everyfi, you have the right to change your mind and receive a full refund within fourteen (14) calendar days of purchase (hereinafter, “Cooling-off Period”), but only if you have not logged in or otherwise redeemed or started to consume the Paid Subscription. You must access your Everyfi user profile and click the button to manage the subscription. Also you need to follow the steps provided by the Third Party Platform to unsubscribe before the 14-day period has expired.

    The payment will automatically renew at the end of the subscription period, unless you cancel or terminate your Everyfi Paid Subscription through your subscription page or through the Everyfi App, or through the subscription option to cancel the activation or any other way set for this purpose within the Third Party Platform in any case before the end of the current subscription period.  

    Fon will not refund any Paid Subscription already paid after the Cooling-off Period and the Service will be provided until the last day of the current subscription period in such case, your subscription will revert to an Everyfi Free Subscription. From the next day after the last day of the current Everyfi Paid Subscription the payment will be charged unless you have informed of the cancellation of such subscription.

    Fon may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to user of Everyfi Paid Subscription. Price changes for Everyfi Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service after the price change takes effect, you accept the new price, unless you cancel before the end of the subscription period, as mentioned above.

    Fon reserves the right to modify, suspend, discontinue or terminate the Service and this   Agreement at its sole discretion and Fon will not be liable to you or to any third party. To the extent possible, Fon will warn you in advance of any modification, suspension, discontinuance or termination of the Service or the Agreement. Termination of the Service will not affect the Everyfi Paid Subscriptions that you have already acquired until the end of the subscription period.

    Fon shall be able to transfer or assign its position under this Agreement to any other entity of its group. The transferee shall therefore subrogate in all rights and obligations of Fon under this Agreement. You accept any of the said transfers and assignments.

    In anything not contained in this Agreement, the Third Party Platform terms shall apply.

  4. INTELLECTUAL PROPERTY RIGHTS

    To preserve the uniform quality of the Services, you must use only the official versions of the Everyfi App to provide access to the Service.

    You accept that Fon and the Everyfi symbol, logos and graphics are trademarks of Fon and that Fon rights to this property are protected by law. You will immediately stop using the symbol, logos, and graphics when the Agreement is terminated.

    You accept that the software and Fon Service is protected by intellectual and industrial property laws and that Fon’s rights to this property are protected by law. You will observe the industrial and intellectual property rights, even after the termination of the Agreement.

    You agree that any services may include proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.

    You recognize and accept that all the intellectual and industrial property rights, the Service, the content and/or whatever other element inserted in the Everyfi Website and Everyfi App (including, purely for information purposes and without limitation, brands, logotypes, texts, images, graphics, etc.) are protected by the applicable law. It is strictly forbidden to reproduce, distribute, publicly communicate, transfer, or whatever other act of exploitation that has not been expressly authorized by the holder of the operating rights.

    No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, assign, copy, transfer, or transmit the Everyfi App, to any third party or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to trespassing or burdening network capacity.

    You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that Fon is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using any of the Services.

  5. TERMS OF USE OF EVERYFI WEBSITE AND EVERYFI APP

    Access to the Everyfi Website and Everyfi App is open and free of charge. Nevertheless, some of the services and content that Fon or third parties offer on this website or app may be subject to prior agreement or further agreements between Fon and its partners.

    Contents of the Everyfi Website and Everyfi App are strictly for consumers. Any unauthorized commercial use or resale of the contents is prohibited, except with the prior, written and express authorization of Fon.

    Access, browsing, and use of the Everyfi Website or Everyfi App are the responsibility of the user. Consequently, the user must diligently and faithfully observe all additional instructions given by Fon relating to the use of the website or app and its contents. Therefore, the user is obliged to use the contents in a diligent and licit manner and, in particular, to abstain from the following:

    • Using the contents for any purposes whose effects are illegal, improper, against generally accepted use, or against public order;
    • To record or copy, distribute, permit public access through any means of public communication, transform, or modify the contents, except as with the express authorization of Fon of the corresponding rights;
    • Any use of the content and, in particular, the information of any class found in Everyfi Website or Everyfi App for the purpose of sending advertisements, direct sales communications, or any other class with a commercial purpose, unsolicited messages or spam, as well as marketing or divulging any of the aforementioned information.
    Limitation of Liability for the contents and services

    Fon offers content and services using all of the technical means that it has available to satisfy the needs of its users.

    Fon will, as it deems necessary, make any changes, corrections, improvements or modifications to any information found on the Everyfi Website or Everyfi App, to the services, or in the content without granting any right to claim or indemnification, or recognition of liability whatsoever. Fon does not assume liability for any damage, injury, or loss of any kind as a result of the Everyfi Website’s or Everyfi App’s availability or operations. Nevertheless, Fon shall take all necessary actions to reestablish its services in the event of any technical failure.

    1. LIMITATION OF LIABILITY

      Fon shall only be liable under this Agreement for losses, which are a reasonably foreseeable consequence of the relevant breach of contract.

      Fon shall not be liable for any unauthorized use, intrusion, modification, destroy or any unauthorized access to the Everyfi Hotspot.

      Fon shall not be liable for any intrusion or hack of any device on which the Everyfi App is installed or any unauthorized access to the Everyfi Hotspot that result from such action.

      Fon shall not be responsible for any information or contents shared by you through the Everyfi App and neither for any losses, damages, intrusions regarding such information or contents. Fon does not exclude or limit its liability in respect of (a) its willful default or fraud; or (b) death or personal injury.

      You always be responsible of the use you make of the Everyfi App and the Service. Therefore you agree and consent to indemnify Fon or any third party for all damage caused due to your breach of this Everyfi End User Agreement, including but not limited to any privacy policy breach, publication of any inadequate or insidious content.

    2. NO WAIVER

      Any failure to exercise any right or remedy hereof does not constitute a waiver of the rights and provisions included in this Everyfi End User Agreement and does not limit the capacity of the damaged party to exercise any of its rights under this Everyfi End User Agreement or under any applicable law.

    3. SEVERABILITY

      If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect as if this Agreement had been executed with the invalid, illegal, or unenforceable provision omitted.

    4. JURISDICTION AND LAW

      This Agreement is subject to the laws of England, without regard to choice or conflicts of law principles and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.

    5. DEFINITIONS

      “Agreement” means this Everyfi End User Agreement, together with the registration form, if any, Fon’s Privacy Policy and, where applicable, Fon Application Software License Agreement, and the Cookies Policy.

      “Everyfi App” means the software application that an end user downloads from the third party store or market platform in order to use and get access to the Everyfi Platform.

      “Everyfi Platform” means a set of APIs and services (such as Everyfi Hotspot or venue information) that enable Fon and its partners to provision the service and provide connectivity to Everyfi Hotspots.

      “Everyfi Free Subscription” means the free subscription which allows you to a limited access to the Service.

      “Everyfi Hotspot(s)” means a public WLAN access point(s) that a) belong to the Owners or b) belong to the Fon Network.

      “Everyfi Paid Subscription” means a paid subscription which allows you to an unlimited access to the Service.

      “Everyfi Website” (or Site): Each and every one of the elements and contents of the website from which one can access the products and services provided by Fon.

      “Fon Network” means the world-wide network of WLAN hotspots operated by Fon, customers of Fon and Fon Partners.

      “Fon Partner” means a third party which has entered a partnership with Fon. Fon Partners are published in Fon website.

       “Maps” means a diagrammatic representation of the geographic area in which your device is located showing Everyfi Hotspots and any other information related to the Owner and relevant to the provision of the Service.

      “Owner” means an Everyfi Hotspot’s owner, other than Fon, who shares its access password.

      “Services” are the services provided by Fon that consist of providing access to the Everyfi Hotspots, providing information about the location of the Everyfi Hotspot, authenticating and registering you and any additional service that Fon offers.

      “Wi-Fi” means Wireless communications technology.

      “You” and “you” refer the person who download the Everyfi App and is bound by this Agreement.