This agreement is between Console Enterprises (hereafter “Console”), the operators of Project Wireless Way (hereafter, “Wireless Way” – collectively “we”) and “you” the end user or business. By using Wireless Way products, services, or beta testing devices, you agree to these terms. If you do not agree, you must cease using them and contact us to collect and return the devices.
General Member Terms
You agree to comply with all carrier terms of any particular carrier your beta test device has been assigned to. If you need a copy of those terms, email support@wirelessway.us.
In the event of a dispute, by participating in our beta test you agree the limit of our liability is one month of membership – or an equal monetary amount.
You must cancel your membership – by either emailing us at support@wirelessway.us with an explicit request, or by cancelling your membership in the payment portal you are assigned.
Many of our solutions require devices to be sent out on loan. If you fail to return the equipment, we may charge a non-return fee. These fees may be sent to a debt collections agency, if you fail to return the equipment after multiple attempts on our part to do so. These practices are governed by the Fair Debt Collection Practices Act.
Binding Arbitration Requirement
By using our services and beta test membership, you agree to restrict disputes to the jurisdiction of Butte County, California, and, in the case of litigation, to the courts therein. By being a member, you agree to participating in Binding Arbitration for all disputes. Console will pay for the arbitration cost said disputes, but may refuse to arbitrate if the matter falls within the stated limits of liability – and instead invoke voluntary payment.
However, if a court rules that binding arbitration is still appropriate in excess of our stated liability limits, you agree you will consent to binding arbitration at that time. All binding arbitrations will proceed by a one or three member panel of the American Arbitration Association, at Console’s discretion.
Notice of Downtime – We Are Not Liable for Outages
All of our solutions today are considered beta testing. They may have sporadic outages and downtime. You agree not to use our solutions for alarm monitoring, essential utilities (power, airplane, or mass transportation), or healthcare devices (including, but not limited to, heart, power, or oxygen monitoring systems) – and for anything else considered requiring always-on internet. Options like satellite internet, while generally slower, are more reliable with better uptime. You agree to waive any liability for downtime or financial and/or physical losses associated with downtime that results from using our services or devices.
We Reserve The Right To Refuse To Engage With To Anyone, At Any Time
We dislike ending any business relationship. But if we decide to, Wireless Way can do so at any time. We are not obligated to provide a reason, but our methodology will be in accordance with all applicable laws. This includes, but is clearly not limited to, negativity and inflammatory remarks, words, and dialogue towards our firm or its employees.
If we choose to suddenly end our relationship, you are only entitled to what was obligated at the outset of this agreement; a refund of membership of up to one month. You will still be obligated to return equipment, even if you disagree with our decision. You agree our decision is final, and not subject to binding arbitration or legal review.
Your Privacy & How We Use Data
Your Wireless Data & The Wireless Carrier
We take privacy very seriously. The products we are designing are built with privacy in mind.
As with any wireless device, the carrier you are connected to can see – and log – your information. They may do this for national security or law enforcement operations. We do not interfere with this.
We do, however, opt out of any programs that collect data at a carrier level for marketing purposes. At times, carriers can voluntarily opt us in to programs. We take measures to be aware of this happens, and expeditiously opt out.
However, if we fail to opt you out of data collection for these programs accidentally, you agree to hold us harmless for failing to do so – even if this information personally identifies you. You may request the carrier wireless agreement from us, which will explain these programs in depth.
Again, we stress that we tell carriers at all opportunities to opt us out of these programs. And we will continue to do so.
Our Data
Our goal is to retain no information on your internet uses or activities. The carrier however usually does; see the previous section for details.
The limits of our data collected on you, in general, include the contact information you provided us, the raw data usage your device uses per month, the serial numbers of the devices we assigned to you, and the default passwords. In terms of carrier data, we retain the phone number assigned to any engineering samples or beta test units, and the cell towers collected.
We may record GPS data of where our units are used – but this is not attached to your personal identity. Nor is cell tower data. No data store we have links, at any time, your personal information with these databases.
You agree to hold us harmless if this data is lost in a breach, due to illegal actions of others, or illegal actions of employees not authorized by us.
We generally do not retain credit card, debit card, or other bank payment information. Those are generally stored with our payment processors directly (PayPal, Square, etc). We ask members not to provide us with this information directly, barring exceptional situations. However, in the event of a data breach, you agree to hold us harmless, even if operating in a nexus with payment providers.
Additionally, in an exceptional situation, if you provide us with payment information directly, you agree to similarly hold us harmless if it is used in a data breach.
Law Enforcement
Do not use our devices or platforms for illegal activities – both criminal, and civil. We participate, and cooperate with all law enforcement activities in the United States.
We will review voluntary requests, and may hand over your contact information, even without a search warrant. Regardless of criminal or civil illegal activities, we reserve the right to seek damages against you, if you do. If criminal liability ensues, our ability to seek restitution does not violate the Binding Arbitration clauses of this agreement.
We may also comply with civil demands for your information, which we will field at our sole discretion, on a case by case basis.
You agree you are responsible for your active internet connection, and the activities of others who use it.
Additional Terms
We may choose to end our relationship at any time. This may include, but not limited to, using our services for illegal activity, making disparaging or false remarks about us, or abusive comments to or about our staff.
Do not provide our devices to others for resale. We may seek damages from you if you do so.
Project Wireless Way operates in accordance with California SB822 and associated Net Neutrality laws of the State of California. This includes units deployed at other locations outside California, as our corporation is a California business.
California law requires us to post a “Do Not Sell My Personal Information” page. While we do not have any plans to do so, you can apply to be on our required block list by clicking the aforementioned link. You may do this regardless of if you reside in California, or outside California. We have no plans to sell your data for marketing at this time, and will inform you if our terms change with an opportunity to opt out. The lone exception is if our company is acquired (or merges) by/with another corporation. At which time, you will be notified of the acquisition, and given options for how to manage your data.
If you have any questions or disputes about this agreement, you can contact us via support@wirelessway.us.
Last Updated: December 15, 2021.