Terms of Use for the Guest Wi-Fi provided by AirZen Networks Lda., commissioned by the respective client

Version January 2022
Note: Where personal designations (e.g., "User" etc.) are stated in the masculine form, this form is used in a generalized sense and applies to all genders.

1. Subject and Scope of These Terms of Use

(1) AirZen Networks Lda. (hereinafter: Provider) provides public internet access via Wi-Fi access points on behalf of the respective client to the guests, customers, and employees (hereinafter: Users) of the respective client. The setup and configuration of this internet access by the Provider are determined particularly by the requirements and conditions set by the respective client.
(2) Users are entitled to use the internet access if they accept these Terms of Use and, if required, log in with valid access data in the login dialog. However, there is no entitlement to the use of the internet access.
(3) These Terms of Use govern the rights and obligations of the Users and the Provider in connection with the use of this guest Wi-Fi access.
(4) The Provider reserves the right to update these Terms of Use in the future. By using the internet access, the User agrees to the version of these Terms of Use that is current at the time.

2. Services Provided by the Provider

(1) The Provider provides Users with access to the internet in the premises of the respective client in the form of a Wi-Fi connection (“Hotspot”). An IEEE 802.11n-compatible device is required to use the Wi-Fi.
(2) The provision of the Hotspot depends on the technical and operational capabilities of the Provider and the respective client, as well as the contractual agreements between the respective client and the Provider. Users have no entitlement to a functioning Hotspot or a specific local coverage of the Hotspot.
(3) The Provider does not guarantee that the Hotspot can be used by Users without disruptions or interruptions. Additionally, no transmission speeds or minimum bandwidths can be guaranteed.
(4) The Provider reserves the right to change, restrict, or discontinue access to the Hotspot without prior notice in the event of necessary technical repair and maintenance work.
(5) There is no entitlement to access specific services via the Hotspot. In particular, port blocking may be applied. Generally, internet browsing and sending and receiving emails are permitted.
(6) The Provider explicitly notes that the respective client has the option to implement youth protection measures and filter access to certain content at the commissioned Hotspots.

3. Access and Use

(1) This Hotspot is only offered to the guests, customers, and employees of the respective client. It is not a generally publicly accessible telecommunications service but a specific Wi-Fi network for this user group.
(2) A prerequisite for use is that a User has registered, if required, for Hotspot use and/or accepted the validity of these Terms of Use at the start of the Hotspot usage. This usually occurs through the registration dialog and/or portal/welcome page when selecting the Hotspot as a Wi-Fi network on the device.
(3) There is no entitlement to the use of the Hotspot. The respective client, in cooperation with the Provider, is free to restrict or discontinue access to the Hotspot at any time without giving reasons.
(4) The Provider may temporarily or permanently block a User's access to the Hotspot if there are concrete indications that they are violating these Terms of Use and/or applicable law.
(5) The current version of these Terms of Use applies, which is made accessible to each User during Hotspot registration.
(6) The use of the internet access is at the User's own risk. Data transmission is unencrypted. The User must take any necessary measures to secure their data traffic.

4. Access Data

(1) If the User provided login data (e.g., username, password, email, etc.) during registration, this data must be kept confidential by the User and not made accessible to unauthorized third parties.
(2) If the User has received registration data, they must ensure that access to the Hotspot and the use of the Hotspot with their login data is exclusively by the User themselves. If there is reason to believe that unauthorized third parties have gained or will gain knowledge of the User’s access data, or if an unintended or abusive use of the Provider's Hotspot through a User's IT system is occurring or will occur, the respective client and/or the Provider must be informed immediately.
(3) The User is liable for any use and/or other activity carried out under their access data according to legal provisions.

5. User Obligations

(1) Any information provided by the User about themselves during service use must be truthful.
(2) The User is obliged to comply with applicable laws when using this Hotspot.
(3) Additional obligations resulting from other provisions of these Terms of Use remain unaffected.

6. Fees

The fee for usage is contractually agreed upon between the respective client and the Provider and is thus free of charge for the User.

7. Service Availability

The User has no entitlement to the use of the Hotspot. However, the Provider endeavors to maintain the availability of the Hotspot with minimal interruptions.

8. Prohibited Actions

Users are prohibited from engaging in any actions while using the Hotspot that violate applicable law, infringe the rights of third parties, or violate principles of youth protection. Specifically, the following actions are prohibited:

• Posting, distributing, offering, or advertising pornographic, youth-protection-violating, data-protection-violating, or otherwise illegal and/or fraudulent content, services, and/or products;

• Publishing or making accessible content that insults or defames other participants or third parties;

• Using, providing, or distributing content, services, and/or products that are legally protected or encumbered with third-party rights (e.g., copyright) without being expressly authorized to do so;

• Publicly making copyrighted works available or engaging in other copyright-infringing actions, especially when using so-called "internet file-sharing" or file-sharing services.
  Regardless of any legal violations, the following activities are also prohibited:

• Transmitting disproportionately large data volumes and, especially, continuously transmitting such data;

• Hosting a web server or other server through the Provider's Hotspot;

• Changing the preset DNS servers in the network settings of the Provider's Hotspot;

• Sending junk or spam emails and chain letters;

• Distributing viruses, trojans, or other harmful files;

• Distributing suggestive, offensive, sexually oriented, obscene, or defamatory content or communications, as well as content or communications that may promote or support racism, fanaticism, hatred, physical violence, or illegal activities (explicitly or implicitly);

• Asking other Users or third parties to disclose passwords or personal data for commercial or unlawful purposes.

Also prohibited are any actions that may disrupt the smooth operation of this Hotspot, especially actions that excessively burden the systems.

9. Liability Disclaimer

(1) The Provider and/or the respective client are not responsible for content accessed, posted, or distributed over the Hotspot by the User or third parties. The content is not checked by the Provider and/or the respective client. Each User is responsible for all actions performed in connection with internet usage via this Hotspot.
(2) The User shall indemnify the Provider from any claims that third parties assert against the Provider due to a violation of legal provisions, third-party rights (especially personal, copyright, and trademark rights), or contractual obligations by the User, including the necessary legal defense costs (attorney and court fees in the statutory amount) upon first request.
(3) The User is obliged, in the event of claims as described in section 10 paragraph 2, to cooperate fully and provide the Provider with the necessary information in an appropriate manner.

10. Provider's Liability

(1) The Provider is fully liable for damages caused by intent or gross negligence.
(2) Liability beyond this is excluded for minor negligent breaches unless damages arise from injury to life, body, or health, or if guarantees are affected, claims under the Product Liability Act are involved, or defects have been fraudulently concealed.
(3) Liability for the violation of obligations that enable the proper execution of the contract and on which the User regularly relies remains unaffected. In the event of liability under the above provisions, the liability amount is limited to foreseeable damages typical of the contract, where legally permissible.
(4) Furthermore, the parties' liability for damages resulting from intentional or grossly negligent actions remains unaffected.
(5) The Provider's liability for all other damages is excluded.
(6) Where the Provider's liability is excluded or limited under the above provisions, this also applies to the Provider's agents.

11. Data Protection

(1) The Provider ensures that Users' personal data is collected, stored, and processed only to the extent necessary for contract performance and as permitted by law or required by legislation.
(2) If Users' consent is obtained for data protection purposes during service use, it is noted that Users may revoke this consent at any time with future effect.
(3) To provide this Hotspot service, the use of personal data from each device is necessary. MAC addresses may also be temporarily stored. Furthermore, protocol data ("log files") about the nature and extent of the services used may be stored for seven days. This data cannot be directly attributed to an individual User.
(4) The relevant data protection regulations of the TKG and GDPR are observed. Traffic data is collected, processed, and stored by the Provider according to the legal requirements of the TKG. This includes the IP address, MAC address, usage time, and duration. Additionally, the Provider and the respective client reserve the right to evaluate data for statistical purposes. The TKG's retention periods are observed.
(5) The Provider’s data protection officer can be reached via email at privacy@airzen.io; or by post at "Data Protection Officer of AirZen Networks Lda., Avenida Arriaga, nº30, 1ºA, 9000-064 Funchal, Portugal."

The data protection officer of the respective client is available via email at the designated email provided by the client.
(6) In addition to these Terms of Use, the data protection notices of the respective client accessible via a link in the guest Wi-Fi also apply.

12. Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the User is a merchant, a legal entity under public law, or a special fund under public law, the respective client's registered office is the exclusive place of jurisdiction for all disputes arising from this contractual relationship.
(3) If the User has concluded this contract as a consumer, the mandatory consumer protection provisions of the Federal Republic of Germany apply, provided they grant the User more comprehensive protection. In case of dispute, the User has the right to initiate a conciliation procedure by filing an appropriate application with the competent authority.
(4) Should individual provisions of these Terms of Use be invalid or become invalid, the validity of the remaining provisions shall remain unaffected.