WiPass Privacy Policy

These terms and conditions, and the privacy policy ("Privacy Policy") and any other schedules or exhibits attached hereto, shall form the complete agreement (hereinafter the "Agreement") between cmdR Consulting, LLC (hereinafter "cmdR") and you, the end user of the WiPass mobile application (hereinafter the "Customer") and shall govern cmdR's licensing of the software-as-a-service offerings of WiPass (hereinafter "WiPass"), along with any related software (altogether the "Services," and each a "Service"), to the Customer. By downloading and/or using WiPass, Customer represents and warrants that Customer has read, understands and agrees to be bound by the terms of this Agreement (including the disclaimer of warranty and limitation of liability sections set forth below) to the exclusion of any other rights and obligations, such as any rights, obligations or other terms listed on any purchase order or the like that Customer may provide cmdR and agrees that any rights, obligations or other terms listed on such a purchase order are hereby null and void. Customer also understands that the Services, software and websites are provided via equipment and other resources located in the United States and other locations throughout the world and hereby consents to having data processed by cmdR in the United States and other locations throughout the world.

  1. License Terms and Restrictions
    1. License Grant. cmdR hereby grants Customer a royalty-free, nonexclusive, worldwide, non-transferable, right and license to access, use, execute and deploy the Service and its related software for the applicable subscription term subject to the restrictions set forth in this Agreement. The Service is owned and operated by cmdR and provided to Customer on a subscription basis; cmdR is not transferring ownership or title to the Service to Customer. The Service is made available for download solely for use by Customer and only according to this Agreement. Any reproduction, resale or redistribution of the Service that is not in accordance with this Agreement is expressly prohibited, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Except as otherwise provided for herein, the license granted hereunder may not be transferred by Customer to any third party and is non-exclusive.
    2. Reservation of Intellectual Property Rights. Customer acknowledges that the Services and their related software are proprietary to cmdR and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Customer may not remove any proprietary notices or labels from any of the Services. Customer may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce any of the Services to a human-readable form. Customer may not reproduce, distribute or create any derivative works based on the Services without expressly being authorized in writing to do so by cmdR. Further, Customer may not rent, lease, grant a security interest in or otherwise transfer any rights to the Services. Any and all content on the websites, software and computer programs used to provide the Services are protected by copyright and other intellectual property laws. Except as specifically permitted herein, no portion of the information or content on such websites, software and computer programs may be reproduced in any form, or by any means, without prior written permission from cmdR. All intellectual property rights not expressly granted in this Agreement are reserved to cmdR and its suppliers. "cmdR," "cmdR Consulting," "cmdR Consulting, LLC," "WiPass," associated logos, and other names, logos, icons and marks identifying cmdR's Services are trademarks or service marks of cmdR (collectively the "Trademarks") and may not be used without the prior written permission of cmdR. All other product names mentioned are used for identification purposes only and may be trademarks or service marks of their respective holders. Nothing should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the written permission of cmdR. Customer's use of the Trademarks except as provided in this Agreement is strictly prohibited.
    3. Right to Updates and Upgrades. This license entitles Customer to receive any and all standard patches, fixes, and modifications ("Updates") made to the Service during Customer's subscription term free of charge, so long as cmdR, in its sole discretion, includes such Updates in a general release provided to users of the Service. Notwithstanding the previous sentence, cmdR reserves the right to charge fees before granting Customer access to any new versions of the Service, or premium (i.e., paid for) feature improvements, enhancements or add-ons to the Services ("Upgrades"). Customer understands that cmdR may make Updates to the Services and their related software at any time, in its sole discretion, but is under no obligation to inform Customer of any such Updates. To the extent that cmdR supplies any Updates or Upgrades to Customer, they will be deemed to be subject to this Agreement, unless cmdR indicates otherwise.
    4. End User Conduct. Customer is solely responsible for the content of its computer(s), its cmdR account and any transmissions Customer may make when using the Services. Customer's use of the Services are subject to the terms of this Agreement and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations. When using the Services, Customer shall not: (i) post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (ii) use the Service for any illegal purposes; (iii) delete from the Service or its related software, documentation or any cmdR website used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that Customer does not own or have express permission to modify; (iv) use the Service under false pretenses to attempt to gain unauthorized access to computer systems or devices that Customer does not have permission to access or otherwise interfere or disrupt any other networks connected to the Service; (v) use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy or use the Service to share copyrighted material that Customer does not own or have permission to share or distribute; and (vi) distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature. Customer agrees that it is responsible for all actions and inactions of any other person or entity that uses the Services by way of Customer (i.e., use of the Services on Customer's mobile device or computer by a third party) and will use all reasonable efforts to monitor such other persons or entities. cmdR reserves the right to suspend or disable Customer's account or take any other action that cmdR in its sole discretion deems necessary or appropriate in the event that cmdR has reason to believe that Customer's conduct while using any of the Services has violated the terms of this Section 1.4.
    5. Account Passwords. Certain Services provided by cmdR hereunder require Customer to use Facebook login credentials for access to Customer's WiPass account. cmdR does not send emails or other communication asking for a user's WiPass/Facebook username and/or password or any other username or password. To keep the Service secure, Customer should keep all usernames and passwords confidential. Access to, and use of, password-protected and/or secure aspects of the Services are restricted to authorized users only. Customer shall not access or use someone else's WiPass account at any time, without first obtaining the permission of the account holder and unauthorized individuals attempting to use any of the Services may be subject to prosecution. Customer agrees to carefully safeguard all of its passwords. cmdR does not maintain a database of user passwords so Customer is solely responsible if it does not maintain the confidentiality of its passwords and account information. Furthermore, Customer is solely responsible for any and all activity that occurs under its account. cmdR is not liable for any loss incurred by Customer or other party resulting from another's use of Customer's password, account, or public/private key, as may be applicable, either with or without Customer's knowledge. However, Customer may be held liable for losses incurred by cmdR or another party due to another's use of Customer's password, account, or public/private key, as may be applicable, either with or without Customer's knowledge. Customer agrees to immediately notify cmdR of any unauthorized use of Customer's account or any other suspected breach of security known to Customer, including if Customer believes that its password and/or account information has been stolen or otherwise compromised.
    6. Feedback. cmdR shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, recommendations or other information provided by Customer relating to the operation of the Service.
  2. Payment Terms and Fees
    1. Accepted Payment Methods: At any time, cmdR may impose a requirement of payment for a subscription to cmdR's Services. If and when such a requirement is made, payment may generally be made by preauthorized credit card charge, direct debit, or other online payment services (such as PayPal®) that cmdR makes available to user, as described further below. Please note that when Customer selects PayPal to make payments, the transaction is re-directed from cmdR's site or mobile application to PayPal's payment site and Customer's financial information is not shared with cmdR.
      • Month-to-Month Subscriptions. In the event that Customer's subscription to a Service is on a monthly basis, payment of the subscription fee must be by preauthorized credit card charge, direct debit or other online payment services accepted by cmdR (such as PayPal®) only, and Customer's subscription will automatically renew each calendar month unless Customer provides cmdR with written notice of non-renewal during the prior calendar month. Customer will automatically be charged the applicable monthly subscription fee for each month or partial month that Customer's month-to-month subscription is in effect.
      • Annual Subscriptions by Payment Card. Customer may elect to purchase annual subscriptions to the Service by credit card, direct debit or other online payment services accepted by cmdR (such as PayPal®). In the event that Customer cancels the payment card provided to cmdR to pay for the Service or the card expires or is otherwise terminated, Customer must promptly provide cmdR with a new valid card number in order to maintain its subscription to the Service and avoid any disruptions to its subscription renewal. Customer authorizes cmdR, from time-to-time, to undertake steps to determine whether the card number provided to cmdR is a valid card number and authorizes cmdR to automatically update Customer's credit card information using software designed for updating purposes.
    2. Use of Free Subscriptions. Unless stated otherwise, Customer's subscription to any of cmdR's free Services do not require the payment of a subscription fee. For the avoidance of doubt, Customer's right and license to access, use, execute and deploy any of cmdR's free Services are not guaranteed for any period of time and cmdR reserves the right, in its sole and absolute discretion, to restrict, limit or terminate the use of "free" or "basic" versions of any of the Services by any individual, entity or group of entities.
    3. Late Payments. cmdR reserves the right to suspend, terminate or disable Customer's access to any of the Services in the event that any fees owed hereunder to cmdR are not received on or before the applicable payment due date.
    4. Taxes. Customer agrees to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other applicable taxes that may be imposed, based on this license, or the use or possession of a Service, or any software or other product provided under this Agreement, excluding any taxes based on net income payable by cmdR. If Customer is exempt from paying any sales, use or other taxes, Customer must provide cmdR with appropriate evidence of tax exemption for all relevant jurisdictions.
    5. No Cancellations. Except as otherwise provided for herein, Customer may not cancel, terminate or rescind a paid subscription during its term. Any and all payments by Customer to cmdR for access to the Services are final.
    6. Account Audit. cmdR reserves the right to audit and review Customer's WiPass account(s) at any time to confirm that Customer's usage of the Service is in accordance with the terms of this Agreement and any applicable schedules or exhibits attached hereto.
    7. Sales, Promotional Offers, Coupons and Pricing. Sales, promotions and other special discounted pricing offers are temporary and, upon the renewal of Customer's subscription, any such discounted pricing offers may expire. cmdR reserves the right to update its pricing and/or discontinue or modify any coupons, credits, sales and special promotional offers at its sole discretion.
  3. Term and Termination
    1. Term; Renewal of Subscription Terms. Unless terminated earlier pursuant to Section 3.2 below, Customer's subscription term(s) shall commence on the date of the download of WiPass by Customer to Customer's computer or mobile device, in the case of a free subscription, or on the date of payment in the case of a paid subscription, and shall continue for the period of time corresponding to Customer's payment plan, though cmdR may suspend or permanently disable free subscriptions to WiPass at any time. Upon the expiration of Customer's initial subscription term, Customer's subscription shall automatically renew for successive subscription terms unless Customer closes its WiPass account, or changes its subscription to a free subscription, prior to renewal.
    2. Right to Terminate. cmdR may, in its sole discretion, immediately terminate this Agreement and Customer's subscription, license and right to use the Service if (i) Customer fails to make timely payments of subscription fees as required for access to its account or Customer declares bankruptcy, is involved in any bankruptcy proceedings or is otherwise insolvent; (ii) Customer breaches the material terms of this Agreement; (iii) Customer is found to have falsified its registration information or cmdR is otherwise unable to verify or authenticate information Customer provided to cmdR upon registration; or (iv) cmdR decides, in its sole discretion, to discontinue offering the Service to its users. In the event of discontinuance by cmdR, Customer shall be entitled to reimbursement of a pro rata portion of any unused prepaid fees paid hereunder to cmdR.
    3. Effect of Termination. When Customer's access to the Service is terminated and/or Customer's subscription is canceled, Customer may be reverted to a "free" or "basic" version of the Service or may no longer have access to data and other material that Customer may have stored in connection with the Service and that material may be deleted by cmdR. cmdR shall not be liable to Customer or any third party for termination of the Service, deletion of data, or Customer's use of the Service. All disclaimers and limitations of warranties and damages, and confidential commitments set forth in this Agreement or otherwise existing at law shall survive any termination, expiration or rescission of this Agreement
      • Warranties. CMDR WARRANTS THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER AND IN ACCORDANCE WITH ANY WRITTEN DOCUMENTATION OR PRODUCT DESCRIPTIONS PROVIDED BY CMDR OR OTHERWISE MADE AVAILABLE ON CMDR'S WEBSITE. CUSTOMER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE, AT THE SOLE DISCRETION OF CMDR, THE RESTORATION OF THE SERVICE IN A MANNER THAT CONFORMS TO THESE WARRANTIES OR THE TERMINATION OF THE SERVICE AND THIS AGREEMENT AND A PRO RATA REFUND OF ANY PRE-PAID SUBSCRIPTION FEES PAID BY CUSTOMER FOR THE NON-CONFORMING SERVICES FOR THE PERIOD OF NON-CONFORMANCE. EXCEPT AS PROVIDED ABOVE, ALL INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY CMDR ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND AND CUSTOMER EXPRESSLY AGREES THAT ITS USE OF THE SERVICE IS AT ITS OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CMDR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CMDR MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE. NOR DOES CMDR MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF CMDR OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY CMDR FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF CMDR WHATSOEVER. MENTION OF ANY NON-CMDR PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION. IN THE EVENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES ABOVE, THE MAXIMUM AMOUNT OF EXCLUSIONS ALLOWED UNDER APPLICABLE LAW SHALL BE APPLIED.
  4. Limitation of Liability
    1. Limitation of Liability. IN NO EVENT SHALL CMDR's TOTAL LIABILITY FROM ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT CUSTOMER PAID TO CMDR, IF ANY, FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE.
    2. Exclusion of Consequential Damages. CUSTOMER AGREES THAT THE CONSIDERATION WHICH CMDR IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY CMDR OF THE RISK OF CUSTOMER'S SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES. CMDR AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICES OR LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CMDR BE LIABLE FOR SUCH DAMAGES RESULTING FROM USE OF THE SERVICE, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, EVEN IF CMDR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES NOT TO ASSERT ANY SUCH CLAIM AGAINST CMDR OR ITS SUBSIDIARIES OR CONTRACTORS OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES.
    3. Survival of Limitations. IN THE EVENT THAT APPLICABLE LAW LIMITS THE ABOVE LIMITATIONS OF LIABILITY, THE MAXIMUM AMOUNT OF LIMITATIONS ALLOWED UNDER APPLICABLE LAW SHALL BE APPLIED. ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES AND CONFIDENTIAL COMMITMENTS SET FORTH IN THIS AGREEMENT OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THIS AGREEMENT.
  5. Indemnification. Customer hereby agrees to indemnify, defend and hold cmdR and its affiliates, employees, officers, directors, owners, information providers, agents, contractors, licensees and licensors (the "Indemnified Parties") harmless from and against any and all liabilities, claims and costs, including reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any third party demand, claims, action, suit, or loss arising as a result of (a) any breach by Customer of this Agreement; (b) any fraud or manipulation by Customer; or (c) any third-party claim, action or allegation of infringement based on information, data, files or other content submitted by Customer. Customer shall not enter into any settlement agreement which assigns liability to or admits liability by cmdR without cmdR's consent. cmdR reserves the right to assume the exclusive defense of any matter subject to indemnification by Customer at cmdR's own expense.
  6. Confidentiality. Unless expressly authorized by law (after providing cmdR with reasonable notice), Customer shall not disclose to any third party any information or materials of cmdR, including without limitation website materials and pages, software, technical documentation, or any discussion and written communications between the parties, which materials and information are either marked or identified as "confidential" or "proprietary," or which by their nature are "proprietary" and/or "confidential" (referred to in this Agreement as "Confidential Information"). This restriction does not apply to any information that is in the public domain, or in Customer's possession prior to disclosure by cmdR, in each case other than by a breach of a duty of confidentiality. This obligation to keep items confidential shall remain in effect for a period of five (5) years after the termination of this Agreement (except for confidentiality obligations related to source code, which obligations shall be perpetual).
  7. Data Privacy and Processing.
    1. Processing Data. Each party agrees to comply with all applicable data protection and privacy laws while performing under this Agreement. The parties agree that while performing under this Agreement, Customer serves as the data controller and retains full responsibility for any data processed on its behalf through the Services by cmdR, who acts as the data processor. To the extent that cmdR receives or is otherwise granted access to any Customer personal data while providing the Services, cmdR agrees to (i) use such personal data solely for the purposes of providing the Services to Customer; (ii) process the personal data only in accordance with Customer's instructions, which, unless expressly stated otherwise in a mutually agreed upon amendment to this Agreement, are represented in the form of this Agreement; and (iii) implement and maintain technical and organizational controls designed to prevent the unauthorized access or processing of personal data. Customer understands and agrees that cmdR's Services, software and websites are provided via equipment and other resources located in the United States and other locations throughout the world and that by agreeing to these terms and conditions Customer is consenting to having personal data processed by cmdR in the United States and other locations throughout the world.
    2. Service Data. cmdR does not own and specifically disclaims any responsibility for any data that Customer may submit, transmit, collect, post, store or produce while using the Service ("Service Data"). Customer has sole responsibility for the accuracy, integrity, reliability, appropriateness and right to use any and all Service Data. cmdR has no obligation to monitor any information stored or shared through the Services and is not responsible for the accuracy, appropriateness or legality of any passwords, files, posts, links or other information Customer may be able to view, share or access while using the Services. cmdR shall not view, access, edit or process any Service Data except as necessary to provide the Services to Customer, as agreed in this Agreement between Customer and cmdR or as required by applicable law. Customer shall apply adequate technical and organizational measures to keep its own Service Data secure.
  8. cmdR Contracting Entity. The cmdR contracting entity providing the Services under this Agreement is cmdR Consulting, LLC, located at 6929 N. Hayden Rd., #404, Scottsdale, AZ 85250. If you wish to contact or communicate with cmdR, mail all communication to the foregoing recipient and address. When ordering, purchasing or accessing Services from cmdR under this Agreement, Customer understands and agrees that cmdR Consulting, LLC, is the contracting entity.
  9. Miscellaneous Terms.
    1. Governing Law & Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona and the laws of the United States, without giving effect to any principles of conflict of law. Customer agrees that any action at law or in equity arising out of or relating to this Agreement shall be filed only in the state or federal courts located in Phoenix, Arizona, U.S.A., and consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action. Each party hereby waives any and all right to a trial by jury in any legal proceeding arising out of or relating to this Agreement or the transactions contemplated hereby. The parties specifically disclaim applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
    2. Compliance with Laws. The parties agree to comply with all applicable local, state, national and foreign laws, rules and regulations (including applicable export laws and regulations) while performing under this Agreement and accessing and/or using the Services under this Agreement. Should cmdR determine that Customer is not in compliance with applicable laws, including applicable export laws and regulations or applicable privacy or data protection laws, cmdR shall have the right to immediately terminate this Agreement and any Services provided hereunder. The Service and its related software are subject to the United States Export Administration Regulations. No software or Service may be downloaded, used or exported (i) into or to a national or resident of any country to which the United States has embargoed goods; or (ii) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entity List, or otherwise designated as prohibited from receiving U.S. exports. By subscribing to the Service or using any of the related software, Customer represents and warrants that it is not- and is not controlled by – any such person or entity and is not controlled by a national or resident of any such country.
    3. Disclaimer of High Risk Activities. The Services are not fault-tolerant and are not designed, manufactured or intended for use or resale as or with on-line control equipment in hazardous environments requiring fail-safe performance, including, but not limited to, equipment used to operate nuclear facilities, aircraft navigation or aircraft communication systems or air traffic control, direct life support machines or weapon systems, in which the failure of the Services could lead directly to death, personal injury or severe physical or environmental damage ("High Risk Activities"). Accordingly, cmdR and its suppliers specifically disclaim any express or implied warranty of fitness for such High Risk Activities.
    4. Force Majeure. No party shall be liable for any performance failure, delay in performance or lost data under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by: (i) failures of software or other computer programming (other than the Service purchased hereunder); (ii) natural weather events; or (iii) any other causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors and carriers; provided that in any such event, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon.
    5. Relationship. The parties agree that nothing in this Agreement shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. Customer shall be solely responsible for managing its employees, officers, directors or representatives using the Service. Neither Customer nor its employees, officers, directors or representatives shall make any representations, warranties or guarantees with respect to cmdR or the Service other than as expressly authorized by cmdR.
    6. Publicity. cmdR shall have the right to identify Customer as a user of the Service. Customer agrees that cmdR may use any logo and/or name associated with Customer on cmdR's website or other materials in order to identify Customer as a WiPass user.
    7. Notices. Notices by cmdR to Customer regarding the Service or this Agreement may be sent to the email address or phone number Customer provides upon registration. All notices sent by Customer to cmdR in connection with this Agreement shall be in writing and sent by first class mail or certified mail (receipt being deemed 72 hours after postage and return receipt requested) or personally delivered at the address of the cmdR contracting entity as specified in Section 9 above.
    8. Waiver. Customer agrees not to bring or participate in any class action lawsuit against cmdR or any of its employees, contractors or affiliates. Customer agrees not to bring a claim under this Agreement more than two years after the expiration of this Agreement. The failure of cmdR to partially or fully exercise any right shall not prevent the subsequent exercise of such right. The waiver by cmdR of any breach shall not be deemed a waiver of any subsequent breach of the same or any other term of this Agreement. No remedy made available to cmdR by any of the provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other remedy available at law or in equity.
    9. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted assigns. Except as otherwise provided for below, neither party may assign this Agreement, or assign its rights or delegate its duties hereunder (whether directly or indirectly, in whole or in part, by operation of law or otherwise), without the prior written consent of the other party, which shall not be unreasonably withheld or delayed. However, cmdR may freely assign all or any part of this Agreement, without Customer's consent, in connection with a merger, acquisition, corporate reorganization, change of control or sale or disposition of substantially all of its assets (or any substantially similar transaction). Additionally, cmdR may assign all or any part of this Agreement to an Affiliate Entity without Customer's consent. For the purposes of this section, the term "Affiliate Entity" shall mean any entity that now or in the future controls, is controlled by, or is under common control with cmdR.
    10. Entire Agreement. This Agreement, and the Privacy Policy and any other schedules or exhibits attached hereto, represent the complete agreement concerning the Service, Customer's subscription to use the Services and the license granted hereunder and, except as otherwise set forth herein, may be amended only by a writing executed by both parties.
    11. Severability. If any of the provisions of this Agreement, in whole or in part, shall be unlawful, void, or for any reason unenforceable, then that provision, in whole or in part, shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
    12. Authority. By downloading WiPass and/or using the Services, Customer hereby represents and warrants to cmdR that Customer has all the necessary authority to enter into and perform its obligations under this Agreement without the consent of any third party or breach of any obligation or duty to any third party.

Privacy Policy

  • We don't ask you for personal information unless we truly need it.
  • We don't share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don't store personal information on our servers unless required for the on-going operation of one of our Services. (For example: If you choose to store login history, we keep login history; if you choose not to, we don't.)

cmdR operates several websites, including wipassapp.com. It is cmdR's policy to respect your privacy regarding any information we may collect while operating our websites.

Below is our Privacy Policy, which incorporates these goals:

Website Visitors

Like most website and mobile application operators, cmdR collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. cmdR's purpose in collecting non-personally identifying information is to better understand how cmdR's visitors use its website and mobile applications. From time to time, cmdR may release non-personally-identifying information in the aggregate (e.g., by publishing a report on trends in the usage of its website and mobile applications).

cmdR also collects potentially personally-identifying information like Internet Protocol (IP) addresses. cmdR does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to cmdR's websites or users of cmdR's Services choose to interact with cmdR in ways that require cmdR to gather personally-identifying information. The amount and type of information that cmdR gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a WiPass account to provide a user-name and email address. Those who engage in transactions with cmdR are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, cmdR collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with cmdR. cmdR does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related or mobile application-related activities.

Use of personal data

cmdR may collect aggregated statistics about the behavior of visitors to its websites or users of its mobile applications. cmdR may display this information publicly or provide it to others. In addition, cmdR may use your behavioral data and other data you provide to cmdR to customize advertisements on its site or mobile application to its users. In this way we try to keep the majority of our Services free. However, cmdR does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

cmdR discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on cmdR's behalf or to provide services available at cmdR's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using cmdR's websites, you consent to the transfer of such information to them. cmdR will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, cmdR discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when cmdR believes in good faith that disclosure is reasonably necessary to protect the property or rights of cmdR, third parties or the public at large. If you are a registered user of WiPass and have supplied your email address, cmdR may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up-to-date with what's going on with cmdR and our products. We expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. cmdR takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website or mobile application stores on a visitor's computer or user's mobile device, and that the visitor's browser or user's mobile device provides to the website each time the visitor returns. cmdR uses cookies to help cmdR identify and track visitors and users, their usage of WiPass, and their website and mobile application access preferences. cmdR visitors and WiPass users who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using cmdR's websites or mobile applications, with the drawback that certain features of cmdR's websites or mobile applications may not function properly without the aid of cookies.

Privacy Policy Changes

Although most changes are likely to be minor, cmdR may change its Privacy Policy from time to time, and in cmdR's sole discretion. cmdR encourages visitors to frequently check this page for any changes to its Privacy Policy.