Entity: OurWave, Inc. (“
Wave,” “
we,” “
us,” or “
our”)
Website & Apps: ourwave.io and all related sites, apps, and services (collectively, the “
Service”)
Contact: [email protected]Registered Address: Phoenix, Arizona, USA1.
1. Acceptance of Terms
These Terms & Conditions (“
Terms”) govern your access to and use of the Service. By creating an account, clicking “I agree,” or using the Service, you agree to these Terms and to our
Privacy Policy (together, the “
Agreement”). If you use the Service on behalf of a company or organization, you represent that you are authorized to bind that entity; “you” includes that entity and its users.
2. Eligibility; Accounts; Admin Controls
You must be at least 18 years old (or the age of majority where you live). You’re responsible for the security of your credentials and all activity under your account. Organization administrators (“
Admins”) may manage seat assignments, permissions, integrations, content visibility, and billing. You authorize Admins to control your organizational account within the Service.
3. Plans, Trials, and Billing
Plans & Seats. Access is offered via subscription plans (e.g., Free, Pro, Enterprise) with feature and usage limits described on the Pricing page.
Billing. Paid plans are billed in advance; fees are non-refundable except where required by law or expressly stated by Wave. You authorize Wave and its payment processors to charge your payment method for recurring fees, applicable taxes, overages, and add-ons.
Changes. You may add seats at any time (prorated). Downgrades take effect at the next renewal.
Failure to Pay. We may suspend or terminate access for non-payment.
Updates. We may change pricing, features, or usage limits upon renewal for term plans or with prior notice for monthly plans. The current plan details are always available on the Pricing page.
4. License and Restrictions
License. Subject to the Agreement, Wave grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.
Restrictions. You will not: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or attempt to extract source code; (c) circumvent security, usage, or access controls; (d) resell or provide the Service to third parties except to your authorized users; (e) use the Service to build a competing product; (f) remove or obscure proprietary notices.
5. Acceptable UseYou agree not to use the Service to: (a) violate law; (b) infringe intellectual property, privacy, or publicity rights; (c) upload malware or malicious code; (d) harass, exploit, or discriminate; (e) process highly regulated data without a written addendum from Wave (e.g., protected health information under HIPAA, payment card data without a compliant gateway, children’s data under COPPA); (f) scrape, crawl, benchmark, or load-test without our written consent; (g) misrepresent automated outputs as human-generated where disclosure is legally required.
6. Your Content; Ownership and Permissions
Ownership. You retain all rights in content you submit to the Service (files, text, data, images, media, prompts, configurations) (“
Customer Content”).
License to Wave. You grant Wave a worldwide, non-exclusive license to host, process, transmit, display, back up, and otherwise handle Customer Content solely to provide, maintain, secure, and support the Service and to comply with law.
Responsibility. You are responsible for Customer Content (including obtaining necessary permissions) and for ensuring it complies with the Agreement.
7. AI Features (Atlas and Related Tools)
Processing. AI features may process Customer Content to generate outputs (“
AI Output”). Unless stated otherwise in our Privacy Policy or a signed addendum, Customer Content and AI Output remain your organization’s data under these Terms.
Model Improvements. By default, Wave does
not use Customer Content or AI Output to train third-party foundation models or to improve models for other customers, unless you opt in. Enterprise options are available.
Accuracy & Use. AI features are probabilistic and may generate inaccurate or incomplete outputs. You are responsible for reviewing and validating AI Output and for any decisions based on it. Do not use AI Output as a substitute for professional advice (legal, medical, financial, or safety-critical) without independent verification.
Third-Party AI. Some AI capabilities may be provided by third parties under their infrastructure. Wave imposes contractual and technical safeguards but cannot guarantee third-party performance or availability.
Feedback. You grant Wave a royalty-free, perpetual license to use suggestions and feedback to improve the Service.
8. Third-Party Services & IntegrationsThe Service may interoperate with third-party products (e.g., Google Workspace, Microsoft 365, Slack, CRMs, data connectors). Your use of third-party services is governed by their terms and privacy policies. Wave is not responsible for third-party services or data they provide. You authorize Wave to exchange data with such services to enable integrations you configure.
9. Confidentiality“
Confidential Information” means non-public information disclosed by a party that is marked confidential or would reasonably be considered confidential, including Customer Content and system information. The receiving party will use at least reasonable care to protect Confidential Information and only use it to fulfill this Agreement. Exclusions apply for information that is public, independently developed, or obtained without restriction.
10. Security; Data PrivacyWave implements reasonable and appropriate technical and organizational measures to protect the Service. No system is 100% secure; you are responsible for end-user practices, access controls, device hygiene, and credential security. Our
Privacy Policy explains how we collect, use, share, and retain personal data, and describes your rights and choices. A Data Processing Addendum (DPA) is available for Enterprise customers upon request.
11. Intellectual PropertyWave and its licensors own all right, title, and interest in and to the Service, software, interfaces, documentation, design systems, and branding, including all intellectual property rights. Except for the license in Section 4, no rights are granted by implication or otherwise.
12. Beta, Preview, and Free FeaturesFrom time to time, we may offer features labeled alpha, beta, preview, or early access (“
Beta”). Beta features are provided
AS IS, may be modified or discontinued at any time, may be subject to additional terms, and are excluded from uptime or support commitments. You assume all risk of Beta use.
13. Availability; Support; ModificationsWave strives for high availability but does not guarantee uninterrupted or error-free Service. We may modify features, impose limits, or discontinue components with reasonable notice where practicable. Standard support is included with paid plans; enhanced SLAs may be available for Enterprise plans.
14. Compliance; Export; SanctionsYou will comply with all applicable laws, including export controls and sanctions. You will not use the Service in prohibited jurisdictions or for prohibited end uses under U.S. or other applicable laws.
15. DisclaimersTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL RELATED MATERIALS ARE PROVIDED
“AS IS” AND “AS AVAILABLE.” WAVE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED, OR THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR USE CASE.1
16. Limitation of LiabilityTO THE MAXIMUM EXTENT PERMITTED BY LAW, WAVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR (A) YOUR PAYMENT OBLIGATIONS, (B) YOUR INDEMNITY OBLIGATIONS, OR (C) YOUR BREACH OF IP/USE RESTRICTIONS OR THE ACCEPTABLE USE POLICY, EACH PARTY’S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO WAVE FOR THE SERVICE IN THE
TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR
$100 IF YOU USE A FREE PLAN). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, THE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
17. IndemnificationYou will defend, indemnify, and hold harmless Wave, its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Content; (b) your use of the Service in violation of the Agreement or law; or (c) any dispute between you and a third party (including your users, customers, or vendors).
18. Suspension and TerminationWe may suspend or terminate access immediately for material breach, security risk, suspected unlawful conduct, or non-payment. You may terminate at any time; termination will not relieve you of accrued payment obligations. Upon termination, your license ends and we may delete your account and content after a reasonable retention period, subject to legal obligations. Sections intended to survive (including 6–7, 9–11, 15–22) will continue in effect.
19. Changes to These TermsWe may update these Terms from time to time. Material changes will be communicated (e.g., in-app notice or email). Unless otherwise stated, changes take effect when posted. Your continued use of the Service after changes become effective constitutes acceptance.
20. Governing Law; Arbitration; Class Action Waiver
Governing Law & Venue. These Terms are governed by the laws of the State of
Arizona, USA, without regard to its conflict-of-laws rules.
Arbitration. Any dispute, claim, or controversy arising out of or relating to the Agreement will be resolved by
binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat and venue of arbitration is
Phoenix, Arizona. Judgment on the award may be entered in any court of competent jurisdiction. Either party may seek temporary or injunctive relief in a court of competent jurisdiction to protect its rights pending arbitration.
Class Waiver. Disputes must be brought
individually; you waive any right to participate in a class, collective, or representative action.
Time Limit. Any claim must be filed within
one (1) year after it accrued, or it is permanently barred to the maximum extent permitted by law.
21. Government End UsersIf the Service is accessed by or on behalf of a U.S. government entity, the software is “commercial computer software” and use is subject to these Terms per FAR 12.212 and DFARS 227.7202.
22. Force MajeureNeither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, internet or utility failures, or outages of third-party services.
23. NoticesWe may provide notices via the Service, email, or to your account contact details. You consent to receive electronic communications. Legal notices to Wave must be sent to
[email protected] and are deemed given when sent.
24. AssignmentYou may not assign or transfer the Agreement without Wave’s prior written consent; any attempted assignment in violation of this Section is void. Wave may assign the Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.
25. Entire Agreement; Order of PrecedenceThe Agreement (including these Terms, the Privacy Policy, any order forms, and any signed addenda such as a DPA or SLA) is the entire agreement between you and Wave and supersedes all prior or contemporaneous agreements regarding the Service. If there is a conflict, an executed order form controls, then these Terms, then referenced policies.
26. Severability; WaiverIf any provision is held unenforceable, it will be modified to the least extent necessary to make it enforceable while preserving its intent; the remainder remains in effect. No waiver of any term is a continuing waiver or a waiver of any other term.
27. Definitions
“Admin” means a user with administrative privileges for your organization’s account.
“AI Output” means content generated by AI features in response to prompts or data.
“Customer Content” has the meaning in Section 6.
“Beta” has the meaning in Section 12.
“Service” means the Wave websites, apps, tools, software, AI features, and related services provided by Wave.