Terms of Service

1. Introduction & Acceptance of Terms

Welcome to Wavy ("Wavy," "we," "us," or "our"). Wavy is a social media platform that enables users to create, upload, record, remix, and interact with audio-based content and related materials.

These Terms of Service (the "Terms" or "Agreement") govern your access to and use of the Wavy website, applications, APIs, and related services (collectively, the "Service"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you may not access or use the Service. We may update these Terms from time to time. When we do, we will revise the "Last Updated" date and, where required by law, provide additional notice. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

You represent and warrant that you have the legal capacity to enter into this Agreement and that you are not barred from using the Service under any applicable law, including export control or sanctions laws.

The Service is not intended for children under 13, and we do not knowingly collect personal information from children under 13. If we learn that a user is under 13, we will terminate the account and delete associated information as required by law.

3. User Accounts and Security

To use certain features of the Service, you must register for an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You agree to notify us promptly of any unauthorized access to or use of your account. We are not liable for losses arising from unauthorized use of your account where you have failed to safeguard your credentials.

You may not create an account using a false identity, impersonate another person or entity, or use a username that infringes another party's rights or violates these Terms. We reserve the right to reclaim, suspend, or terminate usernames at our discretion.

You are solely responsible for the activity associated with your account, including any content you upload, record, publish, remix, or otherwise make available through the Service.

• Keep your password secure and do not share it with others.
• Use a unique password not reused on other services.
• Sign out of shared or public devices after using the Service.
• Contact us immediately if you suspect unauthorized account access.

4. Prohibited Conduct and Content

You agree not to use the Service in any manner that violates applicable law, infringes the rights of others, or interferes with the operation, security, or integrity of the platform.

You may not upload, post, transmit, or otherwise make available any content that:

• Is illegal, fraudulent, defamatory, harassing, threatening, hateful, discriminatory, or otherwise objectionable.
• Infringes or misappropriates any copyright, trademark, patent, trade secret, publicity, privacy, or other intellectual property or proprietary right.
• Contains malware, viruses, or other harmful code, or is designed to disrupt or damage the Service.
• Depicts or promotes violence, self-harm, exploitation of minors, or non-consensual intimate imagery.
• Constitutes spam, unsolicited promotions, phishing, or deceptive impersonation.
• Violates any applicable export, sanctions, or anti-terrorism laws.

5. User Content and Public Platform Licensing

Wavy is built around collaborative audio creation and sharing. It is essential that you understand how content rights work on the platform before you upload, record, edit, or publish anything.

You retain ownership of the original content you create and upload to the Service. However, by uploading, recording, creating, editing, publishing, or otherwise making available any content on Wavy — including without limitation audio files, clips, recordings, remixes, posts, comments, images, text, metadata, and derivative works created using Wavy's tools (collectively, "User Content") — you grant the licenses described below.

6. Intellectual Property

The Service, including its software, design, branding, logos, interfaces, and documentation (excluding User Content), is owned by Wavy or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

You may not use Wavy's name, logos, or trademarks without our prior written permission. Feedback you provide may be used by us without restriction or compensation.

If you believe content on the Service infringes your copyright or other rights, you may submit a notice through our designated reporting process at /dmca. We may remove or disable access to allegedly infringing material and terminate repeat infringers where appropriate.

7. Termination of Accounts

You may stop using the Service at any time and may delete your account through available account settings or by contacting support.

We may suspend or terminate your account, remove content, or restrict access to the Service at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure for us or other users, or if we discontinue the Service.

Upon termination, your right to access the Service ends immediately. Sections that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution.

Because of the platform-wide licensing model, content you contributed may remain available to other users within existing platform features, remixes, stitched compositions, and cached copies, except where removal is required by law or technically feasible without disrupting other users' lawful platform use.

8. Disclaimers of Warranties & Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that content will be preserved without loss or corruption.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAVY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain disclaimers or limitations, so some of the above may not apply to you.

9. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your country of residence provide otherwise.

Before filing a claim, you agree to contact us and attempt in good faith to resolve the dispute informally. If we cannot resolve a dispute within thirty (30) days, either party may pursue available legal remedies.

Except where prohibited by applicable law, you and Wavy agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts.

If you are a consumer in a jurisdiction that grants you mandatory rights to bring claims in your local courts, those rights are not waived where they cannot be waived by contract.

10. General Provisions

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Wavy regarding the Service.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
• No Waiver: Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Contact: For questions about these Terms, contact us through the support channels provided in the Service.