WAVLNGTH Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and WAVLNGTH ("we," "our," or "us") governing your access to and use of the WAVLNGTH web application and related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

To access certain features of the Service, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to disable any user account, at any time, in our sole discretion for any or no reason, including if we believe that you have violated these Terms.

4. User Content

4.1 Content Ownership

You retain ownership rights to the content you upload or share through the Service ("User Content"). By uploading or sharing User Content, you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform the User Content in connection with operating and providing the Service.

4.2 Content Restrictions

You agree not to upload, share, or otherwise transmit User Content that:

• Infringes any third party's intellectual property or other rights
• Violates any law, regulation, or contractual obligation
• Contains harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable material
• Contains viruses, malware, or other harmful code
• Interferes with or disrupts the integrity or performance of the Service

4.3 Content Removal

We reserve the right, but not the obligation, to monitor, review, and remove User Content at our sole discretion, including User Content that we believe violates these Terms, without prior notice.

5. Payment Terms

5.1 Fees and Billing

Some features of the Service may require payment of fees. All fees are stated in U.S. dollars and are non-refundable unless otherwise specified or required by law. We use Stripe as our payment processor and do not store your full payment information on our servers.

5.2 Subscriptions

If you purchase a subscription, it will automatically renew at the end of each subscription period unless you cancel it before the renewal date. You authorize us to charge your payment method for the subscription fees at the beginning of each subscription period.

5.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. If you cancel, you will continue to have access to the subscription features until the end of your current billing period, but you will not receive a refund for any fees already paid.

5.4 Price Changes

We reserve the right to change our prices at any time. If we change the price of a subscription, we will provide notice at least 30 days before the change takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

5.5 Disputes and Chargebacks

If you dispute a charge or initiate a chargeback with your payment provider, we reserve the right to suspend or terminate your account pending resolution of the dispute. If we determine that the dispute or chargeback was filed without a legitimate basis, we may charge you a processing fee and reinstate the original charge. You agree to reimburse us for any chargeback fees imposed on us by payment processors.

Before initiating a dispute or chargeback, we strongly encourage you to contact our support team at support@wavlngth.com to resolve any billing issues.

6. Prohibited Conduct

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service
• Use any robot, spider, or other automated device to access the Service
• Collect or harvest any information about other users
• Create multiple accounts for abusive purposes
• Engage in any activity that could disable, overburden, or impair the proper working of the Service

7. Intellectual Property Rights

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of WAVLNGTH and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. DMCA Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact our designated copyright agent at copyright@wavlngth.com with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and where it is located on the Service
• Your contact information, including address, telephone number, and email
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
• A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner

9. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WAVLNGTH DOES NOT WARRANT THAT: (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WAVLNGTH, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless WAVLNGTH, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey for the resolution of any disputes arising out of or relating to these Terms or your use of the Service.

14. Dispute Resolution

Any dispute arising from or relating to these Terms or the Service shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved through informal negotiation, you and WAVLNGTH agree to binding individual arbitration in accordance with the rules of the American Arbitration Association. Any arbitration shall be conducted in New Jersey. The arbitration shall be conducted in English, and the arbitrator's decision shall be binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CONSOLIDATED ACTION.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any material changes at least 30 days before they become effective by posting the updated Terms on this page with a new "Last Updated" date. Your continued use of the Service after the changes become effective constitutes your acceptance of the new Terms.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and WAVLNGTH regarding the Service and supersede all prior agreements and understandings, whether written or oral.

18. Contact Information

If you have any questions about these Terms, please contact us at:

WAVLNGTH
Email: legal@wavlngth.com
Address: New Jersey, United States