Effective: January 10, 2016
Before you register with Cucumber Tony, you must read and agree to this Terms of Service ("TOS"). By using the Cucumber Tony 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 Cucumber Tony ("Cucumber Tony") and you.
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 Cucumber Tony, even though it is electronic and is not physically signed by you and Cucumber Tony, and it governs your use of the Service.
Cucumber Tony 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.
Cucumber Tony 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: http://www.cucumberwifi.io/terms
Description of Service Cucumber Tony 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.
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. Cucumber Tony 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" 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-Cucumber Tony 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. Cucumber Tony 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 (such as Amazon Web Services) 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 Cucumber Tony an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
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 unauthorised 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. Cucumber Tony may permit, in its sole discretion, adult websites that abide by laws and regulations or resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Cucumber Tony; use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
You acknowledge that Cucumber Tony 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, Cucumber Tony 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.
Monthly Terms: A valid credit card is required for you to use the Service other than those using the free "Free Tony" service plan. Aside from the "Free" service plan, 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 open account.
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 my.cucumberwifi.io/#/me. 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.
No Purchase order number is required. For clarity, the Customer is obligated to pay all applicable Fees without any requirement for Cucumber Tony to provide a purchase order number on an invoice (or otherwise).
Upon cancelling an account, the Customer will be downgraded to the free plan with immediate effect. No refunds or part-refunds may be given for any time remaining.
Payments not made within ten (10) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than ten (10) days overdue, without the requirement of providing notice of such arrears, Cucumber Tony may suspend service to such account and bring legal action to collect the full amount due, including any attorneys’ fees and costs.
Suspension for Nonpayment
If a Subscriber is past due on their balance, Cucumber Tony may send up to three (3) email notifications within a fifteen (15) day period before suspending the Subscriber's account. Cucumber Tony 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.
To the services
Cucumber Tony reserves the right to make commercially reasonable updates to the Service at any time for any reason with or without notice.
To the agreement
Cucumber Tony may make changes to this Agreement, including any linked documents from time to time. Unless otherwise noted by Cucumber Tony, material changes to the Agreement will become effective 30 days after they are posted, except if the changes apply to new functionality in which case they will be effective immediately. If Customer does not agree to the revised Agreement, the customer must stop using the service.
To the fees
Cucumber Tony reserves the right to change Service fees upon 30 days notice from use. Such notice may be provided at any time by posting the changes to the Cucumber Tony Site (cucumberwifi.io) 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. Cucumber Tony 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 Cucumber Tony 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. Cucumber Tony claims no intellectual property rights over the material you provide to the Service.
Technical Support Services
Customer is responsible for technical support of any services provided.
Subject to payment of applicable support Fees, Cucumber Tony will provide support to Customer during the Term in accordance with the Support Guidelines.
The Customer is permitted to state publicly that it is a customer of the Cumumber Tony, consistent with the Trademark and Brand Guidelines. If the Customer wants to display Cucumber Logos in connection with its use of the Services, Customer must obtain written permission from Cucumber Tony. Cucumber Tony may include Customer's name or brand in a list of Cucumber customers, online or in promotional materials. Cucumber Tony may also verbally reference The Customer as a customer of the Services. Neither party needs approval if it is repeating a public statement that is substantially similar to a previously-approved public statement. Any use of a party's brand will inure to the benefit of the party holding Intellectual Property Rights to those Brand Features. A party may revoke the other party's right to use its brand under this Section with written notice to the other party and a reasonable period to stop the use.
Warranties and Liability
Cucumber Tony 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 Cucumber Tony 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 Cucumber Tony has been advised of the possibility of such damages), resulting from your usage of the Service.
You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Cucumber Tony employee. Doing so will result in an immediate deletion of your services. We do not tolerate abuse in any form.
You agree to hold harmless and indemnify Cucumber Tony, 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, Cucumber Tony will provide you with written notice of such claim, suit or action. The failure of Cucumber Tony 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 Cucumber Tony and govern your use of the Service, superseding any prior agreements between you and Cucumber Tony (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 Cucumber Tony on [email protected]