1.1 Wall GmbH provides users with free internet access over a wireless network at selected hotspot locations (the "Service"). The Service is based on the IEEE 802.11 standards.
1.2 A compatible device, one-time sign-up, as well as log-in at each Bluespot Free WiFi Hotspot are required to use the Service.
1.3 The Service is offered by Wall GmbH within the scope of technical and operational capabilities.
1.4 The bandwidth speed available at each location depends on various factors, including the connection from the Bluespot Free WiFi Hotspot to the internet, current data traffic levels across the internet backbone, the connection to and traffic levels at relevant servers, the transferred data volumes, and the number of users at each Bluespot Free WiFi Hotspot.
1.5 Wall GmbH reserves the right to block various internet services, websites, or ports in order to prevent or impede the misuse of the Service or user access to illegal content. However, Wall GmbH is not required to block any internet services, websites, or ports.
2.1 Wall GmbH does not scan the content accessed by the user for malware or viruses, or perform any other type of content check.
2.2 The user is solely responsible for the protection and security of the device he or she uses, particularly with regard to protection against malware and the security of transferred data.
2.3 No encryption is provided by Wall GmbH for data transfer between the user and the Bluespot Free WiFi Hotspot or for the further transmission of data within the internet. Therefore, it is technically possible for third parties to obtain access to the transferred data. Wall GmbH therefore recommends that users configure their devices so that data are transferred encrypted, or, alternatively, that users install software that provides data encryption.
3.1 The user may not provide his Bluespot Free WiFi log-in data to third parties, and is obligated to protect his log-in data from being obtained by third parties. If the user has reason to suspect that his data have become known to a third party, the user is obligated to change his log-in data without delay.
3.2 The user is not permitted to access, upload, or transfer content in violation of legal requirements or third-party rights. This applies in particular to the unlawful download, dissemination, or public provisioning of materials protected by copyright, including movies, audio books, software, or music.
3.3 The user is obligated to take reasonable measures to ensure that the device he is using to access Bluespot Free WiFi is free from viruses or other malware.
3.4 Bluespot Free WiFi may not be used for improper purposes. In particular, the user is not permitted to use Bluespot Free WiFi to send unsolicited advertisements, to hack into third-party networks or servers, to access data illegally, or engage in attacks against networks, data, or servers.
The user is not authorized to enable third-parties to access Bluespot Free WiFi with his log-in data for commercial purposes or consideration of any kind. The obligations set forth under 3.1 also apply.
5.1 Wall GmbH bears full liability for damages arising from willful intent or gross negligence. Full liability is also borne by Wall GmbH for damage to life, limb, or health. In the case of ordinary negligence, Wall GmbH is only liable for violations of essential contractual obligations.
5.2 Liability under product liability law, for deliberately concealed defects, or based on any guarantee that has been assumed by Wall GmbH remains unaffected hereby.
5.3 If Wall GmbH is obligated to cover property damages suffered by the user, liability is limited to a maximum of 12,500 euros per user, provided such damages did not arise from intent. If this liability to cover damages arises through a single action or an incident resulting in a single case of damage that impacts multiple users and was not attributable to intent, then liability toward all affected users is limited to a total of 10 million euros. If the damages to be paid to multiple users on the basis of this incident exceed 10 million euros, then the damage coverage shall be reduced proportionally in accordance with the relationship of the sum of all damage claims to the maximum amount of liability.
5.4 Wall GmbH shall not be liable for unforeseeable circumstances for which it is not responsible, or for acts of God. Furthermore, Wall GmbH cannot be held liable for damages arising from directives issues by authorities, the failure of third-party networks, or for damages arising from strikes or lockouts.
This contract governing the Service comes into effect with each user log-in (transmission of log-in data) to a specific Bluespot Free WiFi Hotspot (Service) as well as the achievement of access to that Bluespot Free WiFi Hotspot (acceptance of log-in), and the contract ends with user log-off or the expiration of the permitted usage time.
7.1 No oral supplements to this agreement have been made.
7.2 In the event of dispute, the user is entitled in the cases specified under Art. 47a of the German Telecommunications Act (TKG) to request that the German Federal Network Agency (Bundesnetzagentur) provide for arbitration. In this regard, a request must be submitted to the Federal Network Agency.
7.3 This contract is subject to German law. The place of jurisdiction shall be - as far as legally permissible - Berlin