1. Acceptance of these Terms
By downloading, installing or using PwnDroid (the “App”), you agree to these Terms of Service (the “Terms”). If you do not agree, do not install or use the App. These Terms form an agreement between you and xBitsNL Gaming and apply in addition to the Google Play Terms of Service.
2. What the App does
The App is a companion for a Pwnagotchi, an independent open-source device for Wi-Fi research. It shares your phone’s location with units you control, shows their status and lets you view the Wi-Fi handshakes they report. The App does not capture Wi-Fi traffic itself. The Pwnagotchi software and its plugins are separate projects with their own licences, and we are not responsible for them.
3. Lawful use
Capturing, storing or cracking other people’s Wi-Fi traffic or handshakes without permission may be a criminal offence in your country (in the Netherlands, for example, under the Criminal Code’s rules on computer intrusion). You must comply with all laws that apply to you, including laws on telecommunications, computer misuse and privacy. You must not use the App to locate, track or monitor other people.
4. Licence to use the App
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, in accordance with these Terms and the Google Play Terms of Service.
5. Things you must not do
- copy, modify, translate, reverse engineer, decompile or disassemble the App, or create derivative works of it, except where this restriction is prohibited by law;
- distribute, sell, rent, sublicense or otherwise make the App available to others;
- remove, obscure or alter any proprietary notices in the App;
- use the App for any unlawful purpose or in a way that infringes the rights of others, including the purposes ruled out in section 3.
6. Your data
The App stores your devices, their login details, your settings and your handshake list on your phone. Our handling of personal data is described in our Privacy Policy.
7. Intellectual property
The App and everything in it, including its source code, design, text, the name “PwnDroid” and the “xBitsNL Gaming” name and logo, is owned by xBitsNL Gaming or its licensors and is protected by copyright, trade mark and other laws. “Pwnagotchi” refers to the independent open-source project. Except for the licence in section 4, no rights are granted to you.
8. Price
The App is currently free and contains no in-app purchases or advertising. If we introduce paid features in a future version, they will be governed by additional terms presented to you at that time and by the Google Play Terms of Service.
9. Updates and availability
We may release updates and may change, suspend or discontinue the App or any of its features at any time. Changes to the Pwnagotchi software or its plugins may stop the App from working with your unit. We are not obliged to provide support, maintenance or future updates.
10. Disclaimers
To the fullest extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the App will be uninterrupted, secure or error-free, or that location data it shares will be accurate. Nothing in these Terms excludes or limits rights you have as a consumer under mandatory law that cannot lawfully be excluded or limited.
11. Limitation of liability
To the fullest extent permitted by law, xBitsNL Gaming will not be liable for any indirect, incidental, special, consequential or punitive damages, for any loss of data, profits or goodwill, or for any consequence of how you use the App or your Pwnagotchi, arising out of or relating to your use of or inability to use the App. To the fullest extent permitted by law, our total liability for all claims relating to the App is limited to the greater of (a) the amount you paid us for the App in the twelve months before the claim, or (b) EUR 25. These limits do not apply to liability that cannot be limited under applicable law.
12. Termination
These Terms apply for as long as you use the App. You may end them at any time by uninstalling the App. We may suspend or terminate your licence if you materially or repeatedly breach these Terms, or if required by law or by Google. Sections 3, 5, 7, 10, 11, 13 and 14 survive termination.
13. Changes to these Terms
We may update these Terms from time to time. If we make a material change we will provide reasonable notice by updating the “Last updated” date and, where appropriate, through the App or the Google Play listing. Continued use after a change takes effect means you accept the revised Terms.
14. Governing law and disputes
These Terms are governed by the laws of the Netherlands, without regard to its conflict-of-law rules. The courts of the Netherlands have exclusive jurisdiction, except that a consumer resident in the EU may also bring proceedings in the courts of their country of residence, where mandatory consumer-protection provisions continue to apply.
15. Contact
xBitsNL Gaming — Jeroen Oudshoorn
support@xbitsnlgaming.com