Terms of Service

Welcome to Wavento. These Terms of Service ("Terms") govern your access to and use of Wavento's website, mobile applications, and other online products and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. If you are accessing or using the Services on behalf of a company, entity, or organization (collectively, a "Subscribing Organization"), you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms, and you agree to be bound by these Terms on behalf of such Subscribing Organization.

2. Changes to Terms

We may update the Terms from time to time at our sole discretion. If we do, we'll let you know by posting the updated Terms on our website, sending you an email, and/or by some other means. If you continue to use the Services after the changes take effect, that means you accept and agree to the changes. If you don't agree to the changes, you must stop using our Services.

3. Account Registration and Security

To use certain features of our Services, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to keep this information up to date. You are responsible for safeguarding your account credentials and for any activity that occurs through your account. You agree to notify Wavento immediately of any unauthorized use of your account or any other breach of security.

You may not share your account credentials with others or allow others to access your account. Wavento reserves the right to disable any user account at any time in its sole discretion, including if Wavento determines that you have violated these Terms.

4. User Content

Our Services may allow you to create, upload, post, send, receive, and store content, including but not limited to text, photos, audio, video, or other materials and information ("User Content"). You retain all rights in, and are solely responsible for, the User Content you create, upload, post, send, or store through the Services.

By submitting User Content through the Services, you grant Wavento a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit that User Content in connection with operating and providing the Services.

You represent and warrant that: (i) you own the User Content or have the right to grant the rights and licenses described in these Terms; (ii) the User Content does not and will not violate these Terms or any applicable law, rule, or regulation; and (iii) the User Content does not and will not violate, infringe, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

5. Acceptable Use Policy

You agree not to engage in any of the following prohibited activities:

• Using the Services for any illegal purpose or in violation of any local, state, national, or international law;
• Harassing, threatening, intimidating, or impersonating others, or posting content that is hateful, harmful, or objectionable;
• Infringing, violating, or misappropriating another's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• Uploading viruses, malware, or other types of malicious software, or content that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services;
• Attempting to circumvent any content-filtering techniques we employ, or attempting to access areas or features of the Services that you are not authorized to access;
• Using any automated means or interface not provided by us to access the Services or to extract data;
• Attempting to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent;
• Engaging in any activity that interferes with or disrupts the Services.

Wavento reserves the right to investigate and take appropriate legal action against anyone who, in Wavento's sole discretion, violates this provision, including removing the offending content, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.

6. Subscription and Billing

Some of our Services may be available on a subscription basis. By subscribing to our Services, you agree to pay all fees associated with the subscription plan you choose. Unless otherwise stated.

Subscriptions automatically renew until they are canceled. You may cancel your subscription at any time, but if you cancel, you will not receive a refund for any fees already paid. After cancellation, you will continue to have access to your subscription until the end of your billing period.

We reserve the right to change our subscription plans or adjust pricing for our Services in any manner and at any time as we may determine in our sole discretion. Any price changes or changes to your subscription plan will take effect following notice to you.

7. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Wavento, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WAVENTO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WAVENTO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WAVENTO'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO WAVENTO FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WAVENTO, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WAVENTO AND YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Wavento, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

10. Dispute Resolution

Governing Law: These Terms and any dispute that may arise between you and Wavento shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law provisions.

Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Francisco, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: YOU AND WAVENTO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Services, or you may contact us at [email protected].

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. General Terms

Entire Agreement: These Terms constitute the entire agreement between you and Wavento regarding the Services and supersede all prior and contemporaneous written or oral agreements between you and Wavento.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Wavento's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Wavento without restriction.

Notices: Any notices or other communications provided by Wavento under these Terms will be given by posting to the Services or via email to the email address associated with your account.

13. Contact Information

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

Wavento
Email: [email protected]