WAYFIS TERMS OF SERVICE


Welcome to WayFIS http://www.wayfis.eu. This site is provided to you by WayFIS Consortium (from now on WayFIS). By accessing and using this website which is part of WayFIS Service you agree to be bound by the following Terms of Service and all terms and conditions referenced herein or any additional terms and conditions set forth on this website and all such terms shall be deemed accepted by you.

If you disagree with any of these Terms of Service you should not use WayFIS Service. If you do not agree to any additional terms that apply to particular materials, content, products, services or information contained in or available through WayFIS Service or transaction concluded through WayFIS Service (such as the purchase of WayFIS products and services), you should not use that part of the Service or conclude such transactions.

In order to enter into this Legal Agreement you must be of legal age to form a binding contract and must not be a person barred from receiving WayFIS Service under the laws of Spain, the European Economic Area (EEA) or other applicable jurisdiction. By accepting this Agreement you represent that you understand and agree to the foregoing. This Agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls. This agreement makes up the entire Agreement between the parties regarding WayFIS and supersedes any prior Agreements.


A. WayFIS Service

In these Terms of Service we refer as WayFIS Service to the webpage, applications and all its related platforms through which we may provide you a personalized routing service and additional related services. We refer as service user or user to the person making use of WayFIS Service. This service is provided to you by WayFIS and made accessible on your compatible devices and computers along with additional related services, only under the terms and conditions set forth in these Terms of Service. WayFIS Service may be provided to you on a subscription or free base mode, being the second supported primarily by advertising. We currently provide our WayFIS service for free, but please be aware that your carrier's normal rates and fees still apply. High-speed Internet access is recommended for use.


B. Availability of the Service

WayFIS Service may contain references to specific products and features that may not be available or shall not become available at any time in a particular country or language. WayFIS makes no commitment that WayFIS Service, or any feature or part thereof, is appropriate or available for use in any particular location.


C. Changing the Service

WayFIS reserves the right to modify or terminate WayFIS Service (or any part thereof), either temporality or permanently. WayFIS will post on our website and/or will send an email to the primary address associated with your Account to provide notice of any material changes to WayFIS Service. You agree that WayFIS shall not be liable to you or any third party for any modification or cessation of WayFIS Service. If you have paid to use WayFIS Service and we terminate it or materially downgrade its functionality, we will provide you with a pro rata refund of any pre-payment. If you do not agree with the changes to WayFIS Service you must stop using WayFIS Service. Your continued use of WayFIS Service will be deemed acceptance of such modifications and additional terms and conditions.


D. Account Registration

WayFIS users are requested to provide a unique user name, a password and a working email account. In addition the use of certain aspects of WayFIS Service requires you to provide accurate information as part of the registration process and/or continued use of WayFIS. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify WayFIS of any unauthorized use of your password or account or any other breach of security. WayFIS cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure. WayFIS reserves the right to take steps WayFIS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms of Service, which may include your account suspension or cancellation.


E. Privacy

Your privacy is very important to us. We have designed our Privacy Policy to make important disclosures about how you can use WayFIS for a personalized routing service and how we collect and can use your content and information. We encourage you to read our Privacy Policy, and to use it to help you make informed decisions. By using WayFIS Service you acknowledge and agree that WayFIS may access, preserve, and disclose your account information and any other content associated with that account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of WayFIS, its users or the public as required or permitted by law.

You understand that the technical processing and transmission of WayFIS Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services. Be informed that we do not use cookies or any other similar pieces of code for temporary storing personal and private information.

The use of WayFIS Service implies the acceptance of your personal data to be transferred and processed in the European Economic Area (EEA). All data collected and processed within WayFIS Service is compliant to European Legislation concerning data protection.


F. Safety


We do our best to keep WayFIS Service secure, but we cannot always guarantee it. We need your help to keep WayFIS Service safe, which includes the following commitments by you:

  1. You will not use WayFIS Service to do anything unlawful, misleading, malicious, or discriminatory.
  2. You will not do anything that could disable, overburden, or impair the proper working or appearance of WayFIS Service, such as denial of service attack or interference with page rendering or other WayFIS Service functionality.
  3. You will not facilitate or encourage any violations of this Term of Service.
  4. You agree not to use WayFIS Service in any manner that might interfere with the rights of third parties.

G. Advertisements

It is possible to access to WayFIS Service on a free base subscription. In this case WayFIS Service is supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on WayFIS Service, queries made through WayFIS Service or other information. The manner, mode and extent of advertising by WayFIS Service is subject to change. As consideration for your use of WayFIS Service, you agree that WayFIS may place such advertising and that WayFIS shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on WayFIS Service or your subsequent dealings with advertisers. Be informed that we will not provide your information to advertisers without your consent.


H. Links

From WayFIS Service

WayFIS may provide, or third parties may provide, links to other websites or locations ('links'). This feature is solely for your convenience and does not signify our endorsement of such other websites or location or its contents. If you use these links, you will leave our website. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of the WayFIS Privacy Policy do not apply to these outside websites.

To WayFIS Service

Any external link to WayFIS Service will link only to the main page. It is not allowed to reproduce it in any way (copy text, graphics, etc). In any case it is expressly forbidden to permit the display of WayFIS Service from different Internet addresses than from WayFIS Service ones, and, in any case, when viewed in conjunction with content outside the service so that:

  1. Causes, or may cause errors, confusion or misleading users about the true origin of WayFIS Service or content.
  2. Involves an act on unfair comparison or imitation.
  3. Serves to exploit the brand reputation and prestige of WayFIS.
  4. In any other way prohibited by applicable law.

Webpages linking to WayFIS Service must in addition do not link or provide contents owned by them or by third parties that:

  1. Are unlawful, harmful or contrary to moral and decency (pornographic, violent, racist, etc…)
  2. Induce or could induce the user the false impression that WayFIS undersigned, endorse, joins, or in any way supports the ideas, statements or expressions, legal or illegal, from the webpage.
  3. Are inappropriate or irrelevant to WayFIS activity in attention to the place, content and theme of the webpage.

I. Proprietary Rights

You agree that WayFIS Service and all necessary software used in connection with WayFIS Service ("Software") are protected by copyright and other intellectual property rights and belong to WayFIS or its licensors. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of WayFIS Service in compliance with these Terms of Service.


J. Software

Subject to the Terms of Service, WayFIS grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by WayFIS in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to WayFIS Service. You agree not to access WayFIS Service by any means other than through the interface that is provided by WayFIS for use in accessing WayFIS Service except as specifically authorized in a separate written agreement.

Warranties, if any, with respect to such Software shall only apply as expressly set forth in the applicable license agreement. WayFIS hereby expressly disclaims all further representations and warranties of any kind, express or implied, with respect to such Software. WayFIS Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop WayFIS Service, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions. The latest version or required Software is recommended to access WayFIS Service and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.


K. Termination

Termination by You

You may discontinue your use of WayFIS Service at any time and terminate your account. Any fees paid by you prior to your termination are non-refundable (except as expressly permitted otherwise by this Agreement) including any fees paid in advance for the billing year during which you terminate. Termination of account shall not relieve you of any obligation to pay any accrued fees or charges.

Termination by WayFIS

You agree that WayFIS may at any time and for any reason, including a period of account inactivity, terminate your access to WayFIS Service, terminate the Terms, or suspend or terminate your account. Any such termination or suspension shall be made by WayFIS at its sole discretion and WayFIS will not be responsible to you or any other third party for any damages that may result or arise out of such termination or suspension, though it will refund pro rata any pre-paid fees or amounts.

Effects of Termination

In the event of termination, including upon receipt of a certificate or other legal document confirming your death, your account will be disabled and you will not be granted access to WayFIS Service and any portions thereof. In addition, after a period of time, WayFIS will delete information and data stored in or as a part of your account.

Sections referring to Indemnity, Disclaimer of Warranties, Limitations of Liability, and Governing Law and Severability of the Terms, shall survive expiration or termination.


L. Trademark Information

WayFIS, WayFIS logo and other WayFIS trademarks, service marks, graphics, and logos used in connection with WayFIS Service are trademarks or registered trademarks of WayFIS in Spain and/or other countries. Except as expressly authorized by WayFIS you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter WayFIS' or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the WayFIS Service or Software.


M. INDEMMITY

You agree to hold harmless and indemnify WayFIS, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to your use of WayFIS Service, violation of the Terms or any other actions connected with use of WayFIS 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.

This means that you cannot sue WayFIS, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to WayFIS Service, or to take any other action during the investigation of a suspected violation or as a result of WayFIS' conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.


N. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. WAYFIS SERVICE IS NOT INTENDED TO BE RELIED UPON IN SITUATIONS WHERE PRECISE ROUTING INFORMATION IS NEEDED OR WHERE ERRONEOUS, INACCURATE, TIME-DELAYED OR INCOMPLETE ROUTES MAY LEAD TO DEATH, PERSONAL INJURY, PROPERTY OR OTHER DAMAGES. WAYFIS WILL USE ALL THE MEANS TO ITS REACH IN ORDER TO PROVIDE AND ACCURATE AND RELIABLE SERVICE, BUT NEITHER WAYFIS NOR ITS AFFILIATES GUARANTEES THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ROUTING DATA OR ANY OTHER DATA DISPLAYED BY WAYFIS SERVICE.
  2. YOUR USE OF WAYFIS SERVICE IS AT YOUR SOLE RISK. WAYFIS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAYFIS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  3. WAYFIS AND PARTNERS DO NOT WARRANT THAT (I) WAYFIS SERVICE WILL MEET YOUR REQUIREMENTS, (II) WAYFIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WAYFIS SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH WAYFIS SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY SOFTWARE ERRORS WILL BE CORRECTED.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF WAYFIS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WAYFIS OR THROUGH OR FROM WAYFIS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


O. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, neither WayFIS nor its affiliates, suppliers and/or subcontractors shall be liable to you or any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to access the website, loss of data or information, loss of business, loss of profits, business interruption or the like) arising out of the use or the inability to use WayFIS Service, even if WayFIS has been advised of the possibility of such damages.


P. Governing Law and Severability of the Terms

These Terms of Service and any disputes related to these Terms of Service are governed by Spanish law, without regard to any principles of conflicts of law that would result in the application of the law of any other jurisdiction. All disputes arising out of these Terms of Service shall be settled by the courts of Madrid which will have exclusive jurisdiction in respect of any such disputes.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If part of these Terms of Service is failed to be enforced, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by WayFIS.


Q. Additional Obligations or Terms of Service

Particular components or features of WayFIS Service provided by WayFIS and/or its licensors may require additional software or other license agreements or terms of use (such as End User License Agreements). You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of WayFIS Service. Such terms may be in addition to these Terms of Service or, to the extent they are inconsistent with the content or intent of these Terms of Service, such terms will supersede these Terms of Service.


R. Other

You will not transfer any of your rights or obligations under this Statement to anyone else without our written consent. All of your rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. This Statement does not confer any third party beneficiary rights. We reserve all rights not expressly granted to you.


S. Feedback

We always appreciate your feedback or other suggestion about how to improve WayFIS. Please provide only specific feedback on WayFIS. Do not include original unsolicited ideas or creative artwork not related to WayFIS. You agree that any Feedback or idea submission will in any case become property of WayFIS without any compensation to you and be used at WayFIS sole discretion.


We may update these Terms of Service from time to time. The amended Terms of Service are effective as of the date of posting on this website. Please check this webpage regularly.


If you have any questions, request or suggestions about WayFIS Terms of Service please contact us at wayfis@hi-research.eu or in our Central Office in HI-Iberia Ingenieria y Proyectos SL, c/Bolivia no. 5, 28016 Madrid.


Last updated: September 3, 2013