Terms of Service

1. Agreeing to these Terms

By installing, signing in to or using WISPHero, or by using wisphero.com, you agree to these Terms and to our Privacy Policy. If you use WISPHero for a company or other organization, you agree for that organization and confirm that you have the authority to do so. In that case, "you" means both you and the organization. If you do not agree, do not install or use WISPHero.

2. Who we are

WISPHero is made and offered by Timothy Steele, a sole proprietor doing business as WISPConsult, in Indiana, United States. You can reach us at tim@wispconsult.com. Our mailing address is available on request by email.

3. What WISPHero is

WISPHero is network monitoring software for wireless internet service providers. You install it on a server that you provide and control. We do not host, run or watch your copy of WISPHero, and we cannot see the data in it.

4. How WISPHero is made

Please read this section carefully. WISPHero is largely written with the help of AI coding tools, in a style of work sometimes called "vibe coded." A person directs and reviews the work, and the software has automated tests. However, WISPHero has not had an independent professional security audit or code review. It may contain bugs, security weaknesses or wrong results that nobody has found yet.

You are responsible for deciding whether WISPHero is suitable for your network and your business. You use it entirely at your own risk.

5. Your license

As long as you follow these Terms, we give you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to install and use WISPHero on servers you own or control, to monitor and run your own network, including for your business.

WISPHero is licensed, not sold. We and our licensors keep all rights, title and interest in WISPHero, its updates, the website and our names and logos, except for the rights this license gives you.

You may not:

• sell, rent, lease, lend, sublicense or distribute WISPHero, or offer it to others as a hosted service;
• remove or change any copyright, trademark or other notice in it;
• get around or weaken its update signature checks or any license or access control;
• use it to break any law, or to reach, scan or change any network, device or account that you are not authorized to use; or
• help anyone else do any of these things.

WISPHero includes open-source components. Each one stays under its own license, and nothing in these Terms limits the rights those licenses give you.

If we ever charge for WISPHero or for a related service, the price and payment terms will be shown before you buy, and these Terms will still apply.

6. Stable and beta versions

WISPHero offers two update channels. The stable channel carries versions we consider ready for general use. They are still provided as is. The beta channel carries early versions for testing. A beta version may be unfinished, may break features, may lose settings or data and may fail to start. Use beta versions only on a server you can restore from a backup.

We may change, pause or end either channel, change or remove features, or stop making updates at any time, without liability to you.

7. Updates and the update check

Unless you turn it off, your WISPHero server asks wisphero.com once a day whether a new version is available. This is the only routine contact between your server and us. It sends only the WISPHero version number and the channel you chose. It sends no customer data and nothing about your network, although, as with any web request, our website sees your server's public IP address. You can turn the check off in Settings > System > Updates & Release Notes. Our Privacy Policy has the details.

Updates are signed, and installing one is always your choice. WISPHero copies its database before it installs an update, but that copy does not replace your own backups. Take a backup before every update.

8. Security is your responsibility

You are responsible for the security of your WISPHero installation and everything around it. That includes the server, its operating system and updates, your network and firewall, HTTPS certificates, user accounts and their passwords and roles, who can reach the server, the encryption keys and backup passwords, and everything done through your accounts. WISPHero cannot recover a lost backup password or a lost encryption key.

If you find a security problem in WISPHero, please tell us at tim@wispconsult.com and give us a reasonable time to fix it before you make it public.

9. Backups are your responsibility

You are responsible for backing up your data, keeping copies away from the server and checking that your backups can be restored. We are not responsible for any lost, damaged or unrecoverable data, including data lost through an update, a beta version, a restore or a bug.

10. Your customers' data and your legal duties

You own and control the data in your copy of WISPHero, including data about your own customers and staff. For that data, you are the business that decides how it is collected and used. We do not receive it, see it or process it, unless you hire us for managed support under a separate written agreement.

You are responsible for:

• having a lawful right to collect and use the data you put into WISPHero or connect it to;
• giving your customers and staff any notices and terms the law requires, such as your own privacy notice;
• following every law and rule that applies to you, including privacy, data security, data breach notification, consumer protection, telecommunications and FCC rules; and
• answering your customers' requests about their data.

WISPHero is designed to keep as little customer data as it can, as our Privacy Policy explains. You still decide what you connect it to and what your staff type into it.

11. Third-party services, integrations and keys

WISPHero can connect to services you choose, such as UISP, Sonar and other CRMs, cnMaestro, Preseem, Tarana, MikroTik routers, Dropbox, Slack, email servers, push notification services and public data sources such as weather, power outage and map services. You are responsible for:

• having the right to connect each service, and following its terms of use, API rules, limits and licenses;
• the API keys, passwords and other credentials you enter, and the access they give; and
• what happens in those services because of your settings.

We recommend that you use read-only API keys wherever a vendor offers them. We do not control third-party services. We are not responsible for their availability, accuracy, security or changes, or for what they do with data sent to them. A change on their side can stop a WISPHero feature from working. WISPHero is not affiliated with or endorsed by those companies, and their names and trademarks belong to their owners.

12. A monitoring aid, not a guarantee

WISPHero helps you watch your network. It can be wrong, late or silent. Do not rely on WISPHero alone for any decision. In particular, do not rely on it alone for:

• alerts and notifications, which can be missed, delayed or false;
• outage detection, the Status pages and the public status page;
• DFS and radar information, including radar hits, channel advice, lockout timers and radar site status (you remain responsible for following FCC rules, including DFS rules, and your equipment's certification);
• ducting, weather, lightning, storm and power outage information;
• solar sizing and battery health or runtime estimates;
• RF, coverage, line-of-sight, terrain and channel planning results;
• the estimate of whether a customer's problem can be fixed by phone; and
• any other estimate, score, forecast, suggestion or summary.

Check the facts with your own equipment, measurements and qualified people before you act, especially before you climb a tower, send a crew, change radio settings or tell a customer something.

WISPHero is not designed or approved for safety-critical, life-critical or emergency use, such as 911 or other emergency services, medical systems or public safety. Do not use it where a failure, delay or wrong result could lead to death, injury or serious damage to property or the environment.

Some features can act on your network for you, such as rebooting an access point or running a scheduled reboot. You decide whether to turn them on, and you are responsible for their effects.

13. Managed support

WISPConsult may offer a separate, paid managed support service. That service is not part of WISPHero and is not provided under these Terms. It is governed by its own written agreement, which controls that service if it conflicts with these Terms. Unless we have such an agreement with you, we have no duty to provide support, fixes, updates or answers.

14. The website

wisphero.com gives general information about WISPHero. We may change it or take it down at any time. Links to other websites are for convenience only. We are not responsible for those websites.

If you send us ideas or feedback, we may use them freely, without any duty to you.

15. No warranties

To the fullest extent the law allows, WISPHero, its updates, the website and any information or help we provide are provided "as is" and "as available," with all faults and without warranties of any kind, whether express, implied or statutory. We disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment, and any warranties arising from a course of dealing or usage of trade.

We do not promise that WISPHero will be free of errors, secure, available without interruption or compatible with your equipment, that it will find every problem, or that any defect will be fixed. No advice or information from us creates a warranty. Some states do not allow certain warranties to be disclaimed. In those states, this section applies to the fullest extent the law allows.

16. Assumption of risk

You understand the risks described in these Terms, including that WISPHero is largely written with AI coding tools, has not had an independent professional security audit, and may fail or give wrong results. You freely accept those risks. You assume all risk of, and all responsibility for, how WISPHero is installed, set up and used, and for every decision, action and result that follows, including any effect on your network, your equipment, your customers and your compliance with the law.

17. Limitation of liability

To the fullest extent the law allows:

1. We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill or data, network downtime, credits or refunds you owe your customers, damage to equipment, regulatory fines or penalties, or the cost of substitute products or services. This applies however the loss is caused and under any legal theory, including contract, tort (including negligence), strict liability or otherwise, even if we were told the loss was possible.
2. Our total liability for all claims related to WISPHero, its updates, the website or these Terms is limited to the greater of (i) the amount you paid us for WISPHero in the 12 months before the event that gave rise to the claim, or (ii) one hundred U.S. dollars (US $100).

These limits apply even if a remedy fails of its essential purpose. They are an essential part of our agreement; without them, we would not offer WISPHero. Some states do not allow some damages to be excluded or limited. In those states, our liability is limited to the smallest amount the law allows. Nothing in these Terms limits any liability that cannot be limited under the law that applies.

18. Indemnity

To the fullest extent the law allows, you will defend, indemnify and hold harmless Timothy Steele, WISPConsult and anyone who works for or with them, against all claims, demands, losses, damages, liabilities, fines, costs and expenses, including reasonable attorneys' fees, that arise from or relate to:

• your use of WISPHero or the website;
• your network, your equipment and the services you provide to your customers;
• data you collect, store or use, including your customers' data, and the notices you give them;
• the third-party services you connect, and your compliance with their terms;
• your breach of these Terms or of any law; or
• any claim by your customers, employees or contractors.

We may take part in the defense of a claim with lawyers of our own choosing, at our own cost. You may not settle a claim in a way that puts any duty or admission on us without our written consent.

19. Ending this agreement

These Terms apply until they are ended. You can end them at any time by no longer using WISPHero and deleting every copy you have. We may suspend or end your license, and your access to updates, if you break these Terms or if we stop offering WISPHero. We will give notice where that is practical.

When these Terms end, you must stop using WISPHero and delete it. Your data stays on your server and remains yours. Export anything you need before you delete WISPHero, because we hold no copy of it. Sections 4 and 9 to 27, and any other part that by its nature should continue, survive the end of these Terms.

20. Disputes: try to settle first

We would much rather fix a problem than argue about it. Before either of us files a claim in court, the one with the claim must send the other a written notice that describes the claim and the outcome wanted. Send notices to us at tim@wispconsult.com. We will send notices to the email address you have given us, if any. For 30 days after the notice is received, we will both try in good faith to settle the dispute informally. The one-year deadline in section 23 is paused during those 30 days.

Either of us may skip this step only to ask a court for an urgent order, such as an order to stop the misuse of WISPHero or of intellectual property.

These Terms do not contain an arbitration agreement. A dispute that is not settled informally is decided by the courts named in section 21.

21. Governing law and courts

These Terms, and any dispute that arises from or relates to them, WISPHero or the website, are governed by the laws of the State of Indiana and by applicable U.S. federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in Indiana have exclusive jurisdiction and venue over any such dispute. You and we both consent to the personal jurisdiction of those courts.

22. Jury trial and class action waivers

To the fullest extent the law allows, you and we each give up the right to a trial by jury. Each of us may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative action.

23. One-year deadline for claims

To the fullest extent the law allows, any claim that arises from or relates to these Terms, WISPHero or the website must be filed in court within one year after the claim arose. A claim that is not filed within that time is permanently barred.

24. Built for the United States

WISPHero is built for use in the United States. It follows U.S. rules, such as the FCC's DFS channels and rules, and relies on U.S. data sources, such as the National Weather Service, NOAA and U.S. utility outage maps. If you install or use WISPHero outside the United States, you do so on your own initiative and outside our control. You are solely responsible for following local law there, including radio, privacy and data protection law, and its results may be wrong or missing there.

You will not export, re-export or use WISPHero in breach of U.S. export control or sanctions laws.

25. Age requirement

WISPHero is a business tool. It is not meant for children. You must be at least 18 years old, or the age of majority where you live if that is higher, to accept these Terms.

26. Changes to these Terms

We may change these Terms. When we do, we will publish the new version with a new effective date on wisphero.com and in the next WISPHero update, and we will try to mention important changes in the release notes. A change applies from its effective date. It does not apply to a dispute for which a notice under section 20 was already sent. If you keep using WISPHero after a change takes effect, you accept the new Terms. If you do not agree, stop using WISPHero.

27. General terms

• Whole agreement. These Terms, the Privacy Policy and any separate written agreement for a paid service are the whole agreement between you and us about their subject.
• Severability. If a court finds any part of these Terms unenforceable, that part will be enforced to the greatest extent allowed, and the rest of these Terms stays in effect.
• No waiver. If we do not enforce a part of these Terms, we have not given up the right to enforce it later.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them, for example to a company we form or to anyone who acquires the business.
• Events outside our control. We are not responsible for any delay or failure caused by events outside our reasonable control.
• No third-party beneficiaries. These Terms do not give rights to anyone else, except the people protected by section 18.
• Relationship. These Terms do not create a partnership, joint venture, employment or agency relationship.
• Notices. We may give you notices by email, in WISPHero or on wisphero.com.
• Wording. Headings are for convenience only. "Including" means "including, but not limited to." These Terms are written in English, and the English version controls.

Questions about these Terms? Email tim@wispconsult.com.