Last updated: 2024-01-01
These Platform Terms of Use ("Terms") govern access to and use of the WifiGetLeads marketing platform, dashboard, captive-portal management tools, and related services (collectively, the "Platform") provided by WifiGetLeads LLC, doing business as WifiGetLeads ("WifiGetLeads," "we," "us," or "our").
These Terms apply to the business that has subscribed to the Platform (the "Client" — typically the restaurant, market, or other venue) and to every individual who accesses the Platform on the Client's behalf ("Users" — including owners, managers, and staff). By logging in to or using the Platform, you agree to these Terms on your own behalf and, if you act for a Client, you represent that you are authorized to bind that Client. If the Client has signed a separate service agreement or order form with WifiGetLeads, that agreement controls pricing and any terms that conflict with these Terms; these Terms govern everything else, including all Platform use.
The Platform allows the Client to: manage the guest WiFi captive portal at its venue(s), including its look and feel and the ad shown at login; view and manage leads collected through the portal; build and run marketing automations (such as messages triggered by a guest's first connection, disconnection, visit count, or birthday); and send email and SMS campaigns to guests who have provided the required consents. WifiGetLeads may add, change, or remove Platform features at any time. Features in beta or preview are provided as-is and may change or be withdrawn without notice.
The Client is responsible for all activity under its account and its Users' logins. Each User must keep credentials confidential, must not share logins, and must use only the access level assigned to them. The Client must promptly remove access for staff who leave or change roles and must notify us at contact@wifigetlead.com of any suspected unauthorized access. We may suspend any login we reasonably believe is compromised or being misused.
The Platform is a tool; the Client is the sender and advertiser of the messages it creates and sends, and campaigns are sent in the Client's name. WifiGetLeads builds compliance features into the Platform (consent capture on the portal, STOP/HELP handling, opt-out suppression, quiet-hours enforcement), and the Client agrees to use them as designed and not to circumvent them. Specifically, the Client agrees that it will:
a. send SMS messages only to guests who opted in through the portal's SMS consent checkbox (or gave equally valid prior express written consent captured in the Platform), and marketing emails only to guests who provided their email through the portal or otherwise consented;
b. never import, upload, or message purchased lists, scraped contacts, or numbers/emails collected outside a consent flow approved by WifiGetLeads;
c. never message a contact who has opted out, and never ask us to remove a contact from a suppression list without new, documented consent from that contact;
d. honor opt-out requests received outside the Platform (in person, by phone, by email) by recording them in the Platform within two (2) business days;
e. identify the Client's venue clearly in every message and not misrepresent the sender, and comply with the TCPA, the CAN-SPAM Act, FCC rules, applicable state telemarketing and privacy laws (including state "mini-TCPA" statutes), and CTIA and carrier messaging guidelines;
f. not send content prohibited by carrier rules for its messaging campaign type, including content involving sex, hate, alcohol, firearms, tobacco/vape ("SHAFT"), cannabis, gambling, or illegal products — even where such products are legal locally — unless expressly approved in writing by WifiGetLeads for a properly registered campaign; and not send phishing, deceptive, defamatory, or fraudulent content, or content that infringes third-party rights;
g. respect quiet hours and message-frequency limits enforced or recommended by the Platform; and
h. cooperate with campaign registration requirements (such as 10DLC registration), including providing accurate business information and keeping it current.
If a Client's messaging draws carrier filtering, spam complaints above industry thresholds, regulator inquiries, or credible complaints, WifiGetLeads may pause the affected campaigns or the Client's messaging capability while the issue is investigated and resolved.
a. Ownership and roles. As between the parties, the Client owns the lead and guest data collected through its venue's portal ("Guest Data"). WifiGetLeads processes Guest Data as the Client's service provider to operate the Platform, and may also use aggregated or de-identified data (which does not identify any guest or the Client) to operate, benchmark, and improve its services.
b. Permitted use. The Client may use Guest Data only to communicate with its own guests consistent with the consents those guests gave, the guest-facing Privacy Policy at https://app.wifigetlead.com/policies/privacy, and applicable law. The Client must not sell Guest Data, share it with third parties for their own marketing, use it for targeted advertising off-platform, or export it to message guests through outside tools in ways that bypass the Platform's consent and suppression controls. Consent obtained through the portal names the Client's venue and WifiGetLeads — it does not transfer to other businesses, brands, or locations.
c. Access and confidentiality. The Client will limit Guest Data access to Users who need it, treat exported Guest Data as confidential, protect it with reasonable safeguards, and delete exports when no longer needed. The Client must notify us promptly at contact@wifigetlead.com of any suspected loss or unauthorized disclosure of Guest Data.
d. Guest privacy rights. WifiGetLeads handles guest privacy-rights requests (access, deletion, correction) submitted under the guest-facing Privacy Policy, and the Client agrees to cooperate, including forwarding any request a guest makes directly to the venue within five (5) business days and honoring resulting deletions and suppressions.
e. On termination. After termination of the Client's subscription, the Client may export its Guest Data within thirty (30) days, after which we may delete it, except for consent and opt-out records we retain for legal compliance. Any exported Guest Data remains subject to Sections 4(b) and 4(c), and guests' opt-outs continue to bind the Client.
Fees, message rates, and other charges are set out in the Client's service agreement, order form, or the pricing communicated at signup, and are billed as stated there. We may suspend Platform access for accounts with overdue balances after reasonable notice. Message charges apply to messages sent, including messages to numbers later found invalid, unless the failure is caused by a Platform defect.
The Client is solely responsible for the content it uploads or creates on the Platform — including portal branding, login ads (images and video), campaign copy, offers, and promotions — and represents that it has all rights needed to use that content and that the content complies with applicable law (including advertising, alcohol-promotion, sweepstakes, and pricing rules that may apply to its business). The Client grants WifiGetLeads a non-exclusive license to host, display, transmit, and technically modify (e.g., resize or transcode) that content as needed to operate the Platform. We may remove content that we reasonably believe violates these Terms or the law.
Users must not: interfere with or disrupt the Platform; attempt to access other clients' data or accounts; probe, scan, or test the Platform's security without written authorization; reverse engineer, copy, or resell the Platform; use robots or scrapers against it; or use it to develop a competing product. API or integration access, where offered, may be subject to additional terms and rate limits.
The Platform, including its software, design, documentation, and the WifiGetLeads name and marks, is owned by WifiGetLeads LLC and its licensors. No rights are granted except the limited right to use the Platform during the subscription in accordance with these Terms. Feedback and suggestions may be used by WifiGetLeads without restriction or obligation.
Each party will protect the other's non-public business information disclosed in connection with the Platform (including pricing, Guest Data, and Platform documentation) with at least reasonable care, use it only as needed to perform under these Terms, and not disclose it to third parties except to employees, advisors, and service providers under confidentiality obligations, or as required by law.
We may suspend or terminate Platform access, in whole or in part: (a) for material breach of these Terms not cured within ten (10) days of notice (or immediately for breaches of Sections 3, 4, or 7); (b) where the Client's use creates legal, security, or deliverability risk for WifiGetLeads, carriers, or other clients; (c) for non-payment as described in Section 5; or (d) as provided in the Client's service agreement. The Client may terminate as provided in its service agreement. Sections 4(e), 8, 9, 11–14, and any accrued payment obligations survive termination.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." WIFIGETLEADS DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT MESSAGES WILL BE DELIVERED (DELIVERY DEPENDS ON CARRIERS AND OTHER THIRD PARTIES), OR THAT USE OF THE PLATFORM WILL ACHIEVE ANY PARTICULAR MARKETING RESULT, LEAD VOLUME, OR REVENUE. WIFIGETLEADS PROVIDES COMPLIANCE TOOLS BUT DOES NOT PROVIDE LEGAL ADVICE; THE CLIENT IS RESPONSIBLE FOR ITS OWN LEGAL COMPLIANCE. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (b) WIFIGETLEADS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE FEES PAID BY THE CLIENT TO WIFIGETLEADS FOR THE AFFECTED VENUE LOCATION IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS IN (a) DO NOT APPLY TO THE CLIENT'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 13 OR ITS BREACH OF SECTIONS 3 OR 4.
The Client will indemnify, defend, and hold harmless WifiGetLeads LLC and its owners, officers, employees, and agents from and against any third-party claims, regulatory actions, fines, damages, and expenses (including reasonable attorneys' fees) arising out of: (a) the Client's breach of Section 3 (messaging compliance) or Section 4 (Guest Data), including any TCPA, CAN-SPAM, or state telemarketing or privacy claim based on messages sent at the Client's direction, contacts the Client imported, or opt-outs the Client failed to record; (b) Client content, products, services, offers, or promotions; or (c) the Client's violation of law. WifiGetLeads will indemnify the Client against third-party claims that the Platform itself, used as permitted, infringes a U.S. patent, copyright, or trademark, with the customary exclusions (combinations, modifications, or use in breach of these Terms).
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Any dispute not resolved informally within thirty (30) days of written notice to contact@wifigetlead.com shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Florida, except that either party may seek injunctive relief in court for breaches of Sections 4, 7, 8, or 9. EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
We may update these Terms from time to time. We will post the updated Terms in the Platform and update the "Last updated" date; for material changes we will provide notice in the dashboard or by email at least fifteen (15) days before they take effect. Continued use of the Platform after the effective date constitutes acceptance.
If any provision is unenforceable, the rest remain in effect. Failure to enforce is not a waiver. The Client may not assign these Terms without our consent, except to a successor in a sale of the Client's business, with notice to us; we may assign in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control (except payment obligations). Notices to WifiGetLeads go to contact@wifigetlead.com; notices to the Client go to the account owner's email on file.
Questions about these Terms or the Platform: contact@wifigetlead.com
WifiGetLeads LLC (WifiGetLeads) — https://wifigetleads.com