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Terms of Service

Last updated [DATE]. Draft for legal review; bracketed fields are placeholders.

These terms govern use of the WiFinger service and this website, provided by CLI Secure Ltd, company number 10813832, registered office 60 Copthorne Avenue, Ilford, England, IG6 2SQ. By creating an account you accept them on behalf of your organisation.

WiFinger is a service for businesses and other organisations. You confirm that you are using it for your business, not as a consumer, and that you are authorised to accept these terms for your organisation. [LAWYER TO REVIEW]

These terms, the Data Processing Agreement and, for Enterprise, the Service Level Agreement form the whole agreement between us. If they conflict, the Data Processing Agreement prevails on data protection, the Service Level Agreement on service levels and credits, and these terms on everything else. [LAWYER TO REVIEW]

1. The service

WiFinger provides a guest Wi-Fi captive portal, guest database, consent management, analytics and marketing tools as described on this website. We may improve or change features; we will give at least 30 days’ notice of changes that materially reduce functionality.

2. Free trial, plans and payment

Trials last 14 days with Enterprise features and require no payment details. After the trial the account becomes read-only unless a plan is chosen; guest Wi-Fi continues for 7 further days. Plans are billed monthly per site, by number of access points, excluding VAT, as shown on the Pricing page. Multi-site discounts apply automatically. Either party may cancel at any time; fees already paid are not refunded except as required by law.

Monthly billing is the default for every plan. Enterprise customers may instead agree an annual term in writing (an order form), which sets out the term, its renewal and how it is invoiced; where an order form conflicts with these terms on those points, the order form applies. [LAWYER TO REVIEW]

Subscriptions run month to month and renew automatically each month until cancelled. Card and Direct Debit payments are taken in advance through our payment provider, Stripe; where we agree to invoice you, invoices are payable by the due date shown on them. An upgrade applies immediately and the difference for the rest of the month is added to your next invoice; a downgrade applies at the end of the current billing month. [LAWYER TO REVIEW]

If a payment fails we email your account owners and give you a grace period (currently 14 days) to pay. If the amount is still unpaid at the end of it, the subscription is cancelled and the account is suspended: guests see a “temporarily unavailable” page and your team can only use Billing. Your settings and guest data are kept, subject to our retention rules, and the account is reactivated as soon as you subscribe again. If an invoice is paid late, we may claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998. [LAWYER TO REVIEW]

3. Price changes

We may change our prices. We will tell account owners and your billing contact by email, and show a notice on the Billing page, at least 30 days before a price increase applies to you. The notice gives the old and new price and the date from which the new price applies; your current price continues until your first renewal on or after that date. You may cancel before the increase takes effect without paying the new price. New customers pay the new price from the date it is published. Price reductions may apply straight away. Special discounts agreed with you continue to apply to the new price. [LAWYER TO REVIEW]

4. SMS credits

  • SMS messages (marketing, tests and Wi-Fi sign-in codes) are paid for with prepaid credits: one credit is one SMS segment, counted on the text the guest receives including the opt-out link we add. [LAWYER TO REVIEW]
  • Credits included in a plan are added for each billing month and expire at the end of it. Credits you buy are valid for 12 months after purchase and then expire. Included credits are used first, then purchased credits in order of expiry. [LAWYER TO REVIEW]
  • Marketing and test messages stop when your balance reaches zero. So that guests are not locked out, a small daily number of sign-in codes may still be sent at zero and are repaid from your next credits, unless you choose to stop sign-in codes at zero. Optional auto top-up charges your saved card for the pack you choose when your balance falls to your threshold. [LAWYER TO REVIEW]
  • A credit is refunded when our SMS provider rejects a message outright. Credits have no cash value and cannot be transferred. Unused credits, whether included or bought, are not refunded when the account is closed; they lapse on closure. [LAWYER TO REVIEW]

5. Your responsibilities

  • You are the data controller for your guests and must display an accurate privacy notice on the portal, complete any legitimate interests assessment and respond to rights requests.
  • You must not configure marketing consent as a condition of Wi-Fi access, send marketing to guests without valid consent, or use the service to send unlawful content.
  • You are responsible for your Wi-Fi equipment, its security and its compliance with your ISP’s terms.
  • Keep your login secure; enable two-factor authentication for administrators.
  • Show your guests terms of use for the Wi-Fi. The template WiFinger provides sets minimum rules for guests; you may add to it but should not remove them. [LAWYER TO REVIEW]

6. Acceptable use

You must not, and must not let anyone using your account:

  • use the service to break the law, including data protection and electronic marketing law (UK GDPR, the Data Protection Act 2018 and PECR);
  • send messages that are unsolicited, misleading or offensive, or use an SMS sender ID or email sender that impersonates another brand;
  • collect special category data (for example health, religion or ethnicity), criminal offence data or payment card details through portal fields;
  • upload material that infringes someone else’s rights or contains malicious code;
  • try to access another organisation’s data, probe or load-test the service, or get round its limits and security controls, without our written permission;
  • copy, resell or reverse engineer the service, except as the law allows.

If we reasonably believe a use breaches this section we may pause the feature concerned (for example a campaign) and will tell you why. [LAWYER TO REVIEW]

7. Data protection

Our processing of guest data is governed by the Data Processing Agreement, which forms part of these terms; the sub-processors we use are listed on the sub-processors page. Data is hosted in the United Kingdom (London).

We are the controller of the account, billing and support information we need to run our business, as described in our Privacy Notice. We never sell guest data or use it for our own purposes, and a guest’s details at your venue are not shared with or matched to any other WiFinger customer. [LAWYER TO REVIEW]

8. Availability and support

We aim for 99.9% monthly availability, excluding scheduled maintenance announced at least 5 days in advance; live status and incident history are on our status page. Enterprise plans include the service levels and service credits in our Service Level Agreement. Support is by email ([email protected]) and in-app (Help & support), 09:00–17:30 UK time on working days. Response targets (business hours): first response within 1 business day on Connect and Engage; on Enterprise within 1 business hour for urgent “service down” requests, 4 business hours for high priority and 1 business day otherwise.

9. Confidentiality

Each of us will keep the other’s non-public business, technical and pricing information confidential and use it only for this agreement, except where it is already public, is independently developed or must be disclosed by law. This continues after the agreement ends. [LAWYER TO REVIEW]

10. Intellectual property

We own the service and its software. You own your content, brand assets and guest data, and grant us a licence to host and process them to provide the service.

If you send us suggestions for improving WiFinger, we may use them without obligation to you. [LAWYER TO REVIEW]

11. Liability

Nothing limits liability for death, personal injury, fraud or anything that cannot be limited by law. Otherwise our total liability arising out of or in connection with this agreement is limited to the fees you paid us in the 12 months before the event giving rise to the claim, and we are not liable for indirect or consequential loss. [LAWYER TO REVIEW]

Claims for breach of data protection law or of the Data Processing Agreement are subject to a separate limit of twice those fees, instead of the limit above; they do not count towards it. [LAWYER TO REVIEW]

Within that limit, we are not liable for loss of profits, revenue, business, goodwill or anticipated savings, or for loss caused by your Wi-Fi equipment, internet connection, third-party vendor clouds or social-login providers. [LAWYER TO REVIEW]

You will indemnify us against claims by third parties (including guests and regulators), and the resulting losses, fines and reasonable costs, arising from: marketing you send through WiFinger without a lawful basis or valid consent; content you publish through the service, such as portal wording, messages, images and offers; and your own breach of data protection law as the controller of your guests’ data. We will tell you promptly about such a claim and let you take part in its defence. [LAWYER TO REVIEW]

12. Suspension and termination

We may suspend or terminate accounts that breach these terms or are used unlawfully, after notice where practicable. An account owner can close the organisation in Settings → Legal, or we close it on termination. Before closing you can export your guest data and consent evidence; for 30 days after closure you may ask us to reopen the account or provide an export, after which operational data is deleted per our retention policy. Invoices are kept for 6 years, as described in the Data Processing Agreement. [LAWYER TO REVIEW]

Either of us may end the agreement by written notice if the other commits a serious breach that is not put right within 30 days of being asked to, or becomes insolvent. Closing the account cancels the subscription straight away; no further monthly fees are charged. Enterprise customers may also end the agreement if availability falls below the target in three consecutive months, as set out in the Service Level Agreement. Consent records and audit logs are kept after closure as evidence for you, as described in section 11 of the Data Processing Agreement: we do not currently delete them, and we intend to limit this to six years after closure. [LAWYER TO REVIEW]

13. Changes to these terms

We may update these terms. We will email account owners and show a notice in the admin at least 30 days before a change that is to your disadvantage takes effect; if you do not accept it you may cancel before then. Changes needed to comply with the law, or that only improve the terms for you, may apply sooner. The version and date are shown at the top of this page. [LAWYER TO REVIEW]

14. Events outside our control

Neither of us is responsible for a delay or failure caused by events outside our reasonable control, such as a failure of the power grid or internet backbone, a hosting provider outage we could not reasonably prevent, a cyber attack despite reasonable security, or government action. Payment obligations are not suspended. [LAWYER TO REVIEW]

15. General

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. Notices to us go to [email protected].

We send notices to you by email to your account owners and in the admin. You may not transfer this agreement without our consent; we may transfer it to a company that takes over the WiFinger business, and will tell you if we do. No one other than you and us has rights under these terms. If a court finds part of these terms unenforceable, the rest continues to apply, and not enforcing a right straight away does not waive it. [LAWYER TO REVIEW]