OpenRoaming™ End-User Terms and Conditions

OpenRoaming (“OpenRoaming”) is a federation that enables federation members (“OpenRoaming Participants”) to deliver a Service (the “Service”) that allows users (“End User” or “you”) to seamlessly log into participating providers’ Wi-Fi networks via a Passpoint profile that is installed on your compatible device which you use to access the Service.

OpenRoaming Participants consist of (i) Access Network Providers (“ANPs”, each an “ANP”), who own one or more OpenRoaming enabled Wi-Fi networks, (ii) Identity Providers (“IDPs,” each an “IDP”), who authenticate each End User through the use of the Extensible Authentication Protocol (EAP) using the Wi-Fi network of the relevant ANP, allowing access to all participating OpenRoaming networks, and (iii) Ecosystem Brokers (“Brokers”, each a “Broker”) who work directly with ANPs and IDPs for the necessary provision of the Service, as authorized directly or indirectly by the Wireless Broadband Alliance (“WBA”). For clarity, the Service does not include those services that ANPs and/or IDPs may provide to you outside the context of OpenRoaming and includes only the authentication facilitation process owned and governed by the WBA.

These End User Terms and Conditions (“End User Terms”) set forth the legally binding terms governing your use of the Service delivered by OpenRoaming Participants.

1. ACKNOWLEDGEMENTS
   1. In using the Service, you confirm that you have reached the age of majority in your jurisdiction and that you have legal capacity to accept these End User Terms, or you are the parent or legal guardian of the person using the Service and have accepted these End User Terms on his/her behalf.
   2. BY USING THE SERVICE, YOU ARE AGREEING TO ABIDE BY THESE WBA BASELINE TERMS AND CONDITIONS AND WBA BASELINE PRIVACY POLICIES OR ALTERNATIVE PRIVACY POLICIES OF ALL OPENROAMING ECOSYSTEM BROKERS, ACCESS NETWORK PROVIDERS AND IDENTITY PROVIDERS WITH RESPECT TO THE SERVICE. IN THE EVENT THAT ANY ANP OR IDP REQUIRES YOU TO AGREE TO ITS ALTERNATIVE OR ADDITIONAL TERMS AND CONDITIONS (“PARTICIPANT TERMS“) TO ACCESS OR USE THE SERVICE, THEN SUCH TERMS SHALL ALSO APPLY AS BETWEEN YOU AND THE APPLICABLE ANP OR IDP. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE END USER TERMS AND THE PARTICIPANT TERMS, THE OPENROAMING PARTICIPANT TERMS SHALL CONTROL TO THE EXTENT OF SUCH CONFLICT OR INCONSISTENCY.
   3. Any breach of your obligations under these End User Terms or the Participant Terms may result in immediate suspension or termination of your access to the Service without further notice to you, and without any liability on the part of the OpenRoaming Participant or WBA.
   4. You acknowledge that OpenRoaming Participants reserve the right to suspend or terminate their provision of the Service without notice and for any reason whatsoever.
   5. No OpenRoaming Participant is an agent, representative, or partner to any other OpenRoaming Participant. No OpenRoaming Participant shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, any OpenRoaming Participant. OpenRoaming does not constitute a joint venture or partnership among any of the OpenRoaming Participants.

2. RIGHT AND USE

Subject to applicable law (whether in your jurisdiction or the jurisdiction in which you are accessing the Service) (“Applicable Law”) and the terms of these End User Terms  during your use of the Service,  the OpenRoaming Participant who provides the Service to you hereby grants you a non-exclusive, non-assignable, non-transferable, terminable right to install and use the Service solely for your own personal use.

3. LIMITATIONS AND RESTRICTIONS
   When using the Service, you may not (directly or indirectly, and whether for yourself or a third party), access or use the Service to:
   1. commit, facilitate or encourage fraudulent or other illegal activities in violation of any Applicable Laws, regulation or legal agreement;
   2. infringe or misappropriate any copyright, trademark or other intellectual property, proprietary right, license right, or legal content protections;
   3. distribute unwanted, unsolicited or harassing mass email or other messages, promotions, advertising or solicitation, use, store, share, host, copy, distribute, display, publish, transmit or send content using the Service that is or may be deemed illegal, offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable; or
   4. disable, interfere with, abuse, attack, disrupt, probe, intercept, circumvent or otherwise violate the security of any website, platform or the Service.

4. OWNERSHIP
   1. You acknowledge that the OpenRoaming Participants and their licensors retain their respective ownership of all intellectual property rights in and to the Service delivered by OpenRoaming Participants, and any other technology, services, or materials that the OpenRoaming Participants  may provide to you through or in conjunction with the Service, including copies, improvements, enhancements, derivative works and modifications to the foregoing. Your rights to use the Service are limited to those expressly granted by these End User Terms through applicable OpenRoaming Participants. No other rights with respect to the Service or any related intellectual property rights are granted or implied.
   2. You authorize OpenRoaming Participants to use and disclose to any third parties including WBA feedback and ideas you provide in connection with your use of the Service for any purpose without further obligation on the part of the OpenRoaming Participants or the recipients..

5. WARRANTY AND DISCLAIMERS
   1. You understand and agree that the Internet may contain offensive and/or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. Further, you understand and agree that the Internet does not provide a secure end-to-end service and that you should not rely on the encryption delivered by the Service for providing security of services accessed using  ANPs. Neither WBA nor the OpenRoaming Participants shall be responsible for any damages suffered by you and/or any person as a result of obtaining Internet access through the Service.
   2. NOTWITHSTANDING ANYTHING ELSE IN THESE END USER TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WBA AND OPENROAMING PARTICIPANTS DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE. ANY STATEMENTS MADE IN ANY WRITTEN OR ELECTRONIC DOCUMENTS, OR BY ANY WBA OR OPENROAMING PARTICIPANT EMPLOYEES, REPRESENTATIVES, OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND.
   3. NEITHER WBA NOR THE OPENROAMING PARTICIPANTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING, OR DESTRUCTIVE PROPERTIES. NEITHER WBA NOR THE OPENROAMING PARTICIPANTS GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. THE SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF AN OPENROAMING PARTICIPANT’S NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR MAINTENANCE, EQUIPMENT MODIFICATIONS, OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF WBA OR THE OPENROAMING PARTICIPANTS.

6. LIMITATION OF LIABILITY
   1. TO THE  EXTENT PERMITTED BY LAW, WBA, THE OPENROAMING PARTICIPANTS AND THEIR RESPECTIVE SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
   2. NEITHER WBA NOR ANY OF THE OPENROAMING PARTICIPANTS SHALL HAVE ANY LIABILITY TO YOU (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) FOR: (I) ANY FAILURES,  ERRORS, DELAYS OR INTERRUPTIONS OF, IN, OR TO THE SERVICE; (II) ANY UNAUTHORISED ACCESS, LOSS, DESTRUCTION OR CORRUPTION OF YOUR DATA ARISING FROM YOUR USE OF THE SERVICE; AND/OR (III) ANY UNAUTHORISED ACCESS BY ANY THIRD PARTY TO YOUR DATA OR DEVICE ARISING FROM YOUR USE OF THE SERVICE.
   3. NOTHING IN THESE END USER TERMS SHALL LIMIT OR EXCLUDE THE LIABILITY OF WBA NOR ANY OF THE OPENROAMING PARTICIPANTS FOR ANY LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAWS.
   4. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF WBA, OPENROAMING PARTICIPANTS AND THEIR SUPPLIERS AND DISTRIBUTORS, TO YOU FOR ANY CLAIMS UNDER THESE END USER TERMS, IS LIMITED TO US$10 (OR ITS LOCAL CURRENCY EQUIVALENT).

7. INDEMNITY
   1. You agree to indemnify, defend and hold harmless WBA, the OpenRoaming Participants, and their respective officers, directors, employees, agents, successors and assigns from and against any loss, liability or claim, including claim for reasonable attorney’s fees, brought by any third party and arising from (i) your infringement of any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy through use of the Service; (ii) your violation of any applicable law, statute, ordinance or regulation when using the Service; or (iii) material breach of these End User Terms.
   2. Notwithstanding the foregoing, if any claim is one of multiple claims in a lawsuit against WBA and/or its affiliates or any OpenRoaming Participant and/or its affiliates, some of which claims may not be subject to the foregoing obligations, the applicable OpenRoaming Participant may elect to solely control the defence of the claim, in which event you agree to provide reasonable assistance and remain responsible for Your proportionate share of the damages, liabilities, settlements, costs and expenses relating to such claim attributable to you.

8. TERM AND TERMINATION
   1. These End User Terms shall commence when you start using the Service, and shall apply until such time as you cease to use the Service or the OpenRoaming Participant ceases provision of the Service to you (whichever is earlier). You may cease to use, and the OpenRoaming Participant may cease to provide the Service at any time.
   2. You acknowledge that upon your ceasing to use the Service for any reason may result in the permanent deletion of data you provided to  the OpenRoaming Participant who provides the Service, and you agree that neither WBA nor OpenRoaming Participants shall have any liability for any such deletion.

9. DISPUTE RESOLUTION

These End User Terms, and any disputes arising out of or related hereto, will be governed exclusively by the state or provincial laws, or national law, if there is no equivalent to a state or province (“Governing Law”)  of the primary place of business of the OpenRoaming Participant who provides the Service without regard to its conflicts of laws rules. The courts of Governing Law location will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to these End User Terms or its validity, interpretation or enforcement.

10. GENERAL
    1. These End User Terms may be updated from time to time at WBA’s or OpenRoaming Participants’ sole discretion without notice to you. The latest version of these End User Terms will be provided on the openroaming.org website. Your continued use of the Service following the implementation of the updated End User Terms constitutes your acceptance of the updated End User Terms.
    2. You will comply with all applicable laws and regulations governing use of the Service (including privacy and export control laws).
    3. The WBA and any OpenRoaming Participant may assign any of its rights or delegate any of its obligations under these End User Terms at its sole discretion. OpenRoaming Participants may also subcontract the provision of the Service or any of their obligations hereunder to third parties. Any such subcontract will not relieve the OpenRoaming Participant of any of its obligations under these End User Terms. You may not assign these End User Terms, the use of the Service, or your rights and obligations under these End User Terms.
    4. If any provision of these End User Terms is held to be unenforceable by a court of competent jurisdiction, that provision will either be deemed modified to the minimum extent necessary to render it enforceable, or else disregarded. In either case, the remaining provisions shall continue in full force and effect.
    5. WBA shall have no liability or obligation to any End User or OpenRoaming Participant arising out of or in connection with any OpenRoaming Participant’s use of and/or reliance on these End User Terms in the course of providing the Service to an End User.