TheWiFy

Terms & Conditions

Effective date: January 18, 2026 · Last updated: March 8, 2026

These Terms & Conditions ("Terms") govern your access to and use of TheWiFy's website, platform, and services. By using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Definitions

  • "TheWiFy" ("we", "us", "our") refers to the TheWiFy platform and its operators.
  • "Customer" refers to MSPs, venue owners, or businesses who subscribe to TheWiFy services.
  • "Guest" refers to end users who connect to WiFi networks managed through TheWiFy.
  • "Services" refers to the cloud-managed WiFi platform, captive portal tools, RADIUS authentication, analytics, and related features.
  • "Platform" refers to the TheWiFy web application, APIs, and management dashboard.

2. Service overview

TheWiFy provides a cloud-managed guest Wi-Fi platform built on FreeRADIUS, optimised for MikroTik routers. Services include guest authentication, branded captive portal creation, WiFi voucher sales, analytics, and multi-tenant management for MSPs and venue operators.

3. Account responsibilities

  • You are responsible for all activity that occurs under your account.
  • You must keep access credentials secure and notify us immediately of any unauthorised use.
  • You agree to provide accurate and current business information when registering.
  • You must not share account credentials with unauthorised parties.
  • You are responsible for managing user roles and permissions within your organisation using the RBAC controls provided.

4. Acceptable use

You agree not to:

  • Use the Services for any unlawful, abusive, or harmful activity
  • Attempt to interfere with network security, RADIUS infrastructure, or service availability
  • Reverse engineer, decompile, or attempt to extract the source code of the Platform
  • Use the Services to collect personal data without appropriate legal basis and consent
  • Resell or redistribute the Services without a valid MSP/reseller agreement
  • Exceed any usage limits specified in your subscription plan

5. Data protection and GDPR compliance

Both parties acknowledge their obligations under the General Data Protection Regulation (GDPR) and applicable data protection laws.

5.1 Roles and responsibilities

  • The Customer is the data controller for guest WiFi data collected at their venues.
  • TheWiFy acts as a data processor under Article 28 GDPR, processing guest data on behalf of the Customer.
  • TheWiFy is the data controller for data collected directly through this website (contact forms, subscriptions).

5.2 Data processing obligations

As a data processor, TheWiFy shall:

  • Process personal data only on documented instructions from the Customer
  • Ensure that persons authorised to process personal data are bound by confidentiality obligations
  • Implement appropriate technical and organisational security measures (including AES-256-GCM encryption, row-level tenant isolation, and RBAC)
  • Not engage sub-processors without prior written authorisation from the Customer
  • Assist the Customer in responding to data subject rights requests under Articles 15–22 GDPR
  • Delete or return all personal data upon termination of the service, at the Customer's choice
  • Make available all information necessary to demonstrate compliance and allow for audits

5.3 Customer obligations

The Customer shall:

  • Ensure a valid legal basis exists for collecting guest data (typically consent via the captive portal)
  • Configure captive portal consent checkboxes and privacy notices appropriately for their jurisdiction
  • Respond to data subject access requests from their guests within the timeframes required by law
  • Not instruct TheWiFy to process data in a manner that would violate GDPR or applicable law

5.4 Sub-processors

TheWiFy uses the following categories of sub-processors: cloud infrastructure (GCP), email delivery (SendGrid), SMS/messaging (Twilio), and payment processing (Stripe). A current list of sub-processors is available upon request. Customers will be notified of any changes to sub-processors with at least 30 days' notice.

6. Payment and billing

  • Subscription fees are billed in advance on a monthly or annual basis as selected.
  • WiFi voucher sales are processed via Stripe. Revenue splits for MSPs are configured through Stripe Connect.
  • All fees are exclusive of applicable taxes unless stated otherwise.
  • Failure to pay may result in suspension of Services after a 14-day grace period and written notice.

7. Service level

TheWiFy targets 99.9% uptime for the RADIUS authentication service and management platform. Scheduled maintenance windows will be communicated at least 48 hours in advance. This is a target, not a guarantee, unless a separate SLA agreement is in place.

8. Intellectual property

TheWiFy and its content, features, platform, and software are owned by us and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Platform without our written permission.

Customers retain ownership of their data, branding assets, and custom captive portal designs created using the GrapesJS portal builder. TheWiFy grants Customers a non-exclusive licence to use the Platform during the subscription term.

9. Warranty disclaimer

The Services are provided on an "as is" and "as available" basis. We disclaim all warranties, express or implied, to the maximum extent permitted by law, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

10. Limitation of liability

To the maximum extent permitted by law, TheWiFy shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total aggregate liability shall not exceed the fees paid by you in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.

11. Termination

  • Either party may terminate the agreement with 30 days' written notice.
  • We may suspend or terminate access immediately if you materially breach these Terms.
  • Upon termination, your right to use the Services ends. We will provide data export options for 30 days following termination.
  • All personal data processed on your behalf will be deleted or returned within 90 days of termination, in accordance with GDPR Article 28.

12. Governing law and disputes

These Terms are governed by the laws of India. Any disputes shall be resolved through good-faith negotiation first, followed by binding arbitration in Hyderabad, India. This does not affect your statutory rights under GDPR or the right to lodge complaints with your local data protection authority.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated via email or a prominent notice on our website at least 30 days before they take effect. Continued use of the Services after changes constitutes acceptance.

14. Contact

Questions about these Terms? Contact us at sales@thewify.com.