Terms of Service

By creating an account, or by using the Services without one, you agree to these terms. The following policies are part of them, and you agree to them too:

• The Community Guidelines and Rating Guidelines, which say what is and is not allowed.
• The Acceptable Use Policy, which says how you may and may not use the Services themselves.
• The Community Admin Guidelines, if you create or administer a community.
• The Copyright Policy and the Trademark Policy.

The Privacy Policy explains how we handle personal information. It is not a contract term you agree to, but you should read it: it describes what happens to the information you give us.

You may use the Services only if all of the following are true:

• You are at least 13 years old, or at least 14 in Quebec, and at least the minimum age the place you live sets for using a service like Wavely without a parent’s consent. Where the law requires a parent or guardian to agree on your behalf, they have agreed to these terms for you.
• You are not barred from using the Services under the laws of the United States or of the place you live, including sanctions laws.
• We have not previously removed you from Wavely for breaking these terms, unless we have told you in writing that you may come back.

We ask for your date of birth when you sign up and use it to apply these age rules. If we learn that someone under the minimum age has an account, we will delete it.

If you use Wavely on behalf of a business or other organization, you confirm that you are authorized to accept these terms for it, and “you” includes that organization.

You can sign up with a mobile number, with an email address and password, or with Google or Sign in with Apple. One Wavely account can be reached through more than one of these: signing in with a provider that shares the same verified email address reaches the same account rather than creating a second one.

• Give accurate information when you sign up, including your date of birth, and keep your email address current. We use it to reach you about your account.
• Confirm your email address before you post or comment, if you signed up with one. A mobile number is confirmed by the code you sign in with. This is one of the ways we keep spam accounts out.
• Keep your password and devices secure, and tell us at security@usewavely.com if you think someone has accessed your account without permission. We never store your password in a form that can be read back, and we will never ask you for it.
• An account is for one person. Do not sell, rent, share, or transfer it, and do not create accounts to get around a restriction we have placed on you.

Your username must be unique, and usernames are compared without regard to capital letters. You may not choose a username that impersonates someone, infringes someone’s trademark, or otherwise breaks the Community Guidelines. If it does, we may require you to change it, or change it for you after telling you.

If you sign up or log in with a mobile number, you agree that Wavely may text that number the one-time codes you ask for.

• We send only the codes you request, to sign up, to log in, or to confirm your number: one message per request. We do not send marketing texts.
• Message and data rates may apply, and your mobile carrier’s terms apply to the texts you receive.
• Reply STOP to stop texts, or HELP for help. You can also reach us at support@usewavely.com.
• Mobile carriers are not responsible for texts that are delayed or not delivered.
• For now, codes can only be sent to numbers in the United States and Canada.

How we handle your number is explained in the Privacy Policy.

“Content” means anything you submit to the Services: posts and their media, captions and titles, ratings, comments and replies, quote repost commentary, folders and their descriptions, community names and descriptions, direct messages, your profile, and anything else you add. You keep every right you have in your content. Nothing in these terms transfers ownership of it to us.

You must follow the Community Guidelines wherever you use Wavely: in posts, comments, ratings, profiles, folders, communities, and conversations. In addition, you agree not to:

• Access, search, or collect data from the Services by automated means, including scraping, crawling, or bots, except through an interface we have provided for that purpose and on its terms.
• Manipulate ratings, likes, follows, or other engagement, including by using multiple accounts, buying or selling engagement, or coordinating with others to distort what Wavely shows.
• Probe, scan, or test the vulnerability of the Services, or breach or get around any security or authentication measure. Good-faith security research reported to us at security@usewavely.com is welcome, and we will not pursue researchers who act in good faith and give us reasonable time to fix what they find.
• Interfere with or disrupt the Services, including by overloading them or by uploading malicious code.
• Copy, modify, reverse engineer, or create derivative works of the Services, except where the law expressly allows it.
• Get around a block, a suspension, a privacy setting, or any other limit we or another user have put in place.
• Use the Services to break the law, or to help anyone else do so.

The Acceptable Use Policy explains these rules in more detail.

Communities. When available, you can create a community, join one, or be invited to one. A community’s creator and admins can invite people, remove members, remove posts from the community, and edit or delete it. If you are a creator or admin you agree to follow the Community Admin Guidelines. Admin powers stop at the edge of the community; Wavely’s own moderators can act anywhere.

Collaborative folders. The owner of a folder can invite contributors, who can add posts and remove the posts they added. The owner can remove any post and any contributor. Adding a post to a folder does not change who can see the post.

Conversations. When available, you can send direct messages to one person or to a group conversation of up to fifty. A conversation is readable only by its participants. Messages are encrypted in transit and at rest, but they are not end to end encrypted. Our moderators can see a message only when someone reports it, and then only the reported message and the least context needed to judge it. See the Privacy Policy.

The Services, including their software, design, text, graphics, and the Wavely name and logo, belong to Wavely and its licensors and are protected by law. Subject to these terms, we give you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable license to use the Services as they are provided to you.

Wavely, the Wavely logo, and Wisp are trademarks of Wavely. You may refer to Wavely by name, but you may not use our marks in a way that suggests sponsorship or endorsement, or in any way the Brand Guidelines do not allow.

We welcome ideas for improving Wavely. If you send us feedback or suggestions, you agree that we may use them without any obligation to you, and without paying you for them.

Parts of Wavely rely on services run by others, such as Google and Apple for sign-in, OpenFreeMap for map tiles, and the App Store and Google Play for downloading the app. Your use of those services is also governed by their own terms and privacy policies. We are not responsible for services we do not run.

Content on Wavely can link to websites and services outside it. We do not control them and are not responsible for what they contain or how they treat you.

If you downloaded the app from Apple’s App Store, you and Wavely acknowledge that:

• These terms are between you and Wavely only, not Apple, and Wavely, not Apple, is solely responsible for the app and its content.
• Your license to use the app is limited to Apple-branded products you own or control, as permitted by the usage rules in the App Store terms.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund any purchase price for the app. To the maximum extent the law allows, Apple has no other warranty obligation for the app.
• Subscriptions bought through the App Store are billed and kept by Apple, so they are cancelled there, in your device’s settings under your Apple Account’s subscriptions. Deleting the app or your Wavely account does not cancel a subscription, and Wavely cannot cancel it for you.
• Wavely, not Apple, is responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer protection or privacy claims.
• Wavely, not Apple, is responsible for investigating, defending, settling, and discharging any claim that the app or your use of it infringes someone’s intellectual property rights.
• You confirm that you are not located in a country subject to a US government embargo or designated as supporting terrorism, and that you are not on any US government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.

Questions, complaints, or claims about the app go to Wavely at support@usewavely.com. To write to us by post, email us first and we will send you our mailing address. If you downloaded the app from Google Play, Google’s terms for apps distributed through Google Play also apply, and subscriptions bought there are cancelled in your Google Play account.

Wavely Premium is not available yet. When it is, these terms apply to it, together with anything we show you at the time you subscribe:

• Premium raises limits and quality, such as larger and longer media. Every account starts on the Free plan, and the features that make Wavely work are not locked behind Premium.
• Subscriptions bought in the app are billed by Apple or Google through your store account, at the price shown before you confirm, plus any tax.
• A subscription renews automatically at the end of each period until you cancel it in your App Store or Google Play account settings. Deleting the app or your Wavely account does not cancel it. Cancelling stops the next renewal; you keep Premium until the end of the period you paid for.
• Refunds are handled by the store you paid through, under its rules, and where the law gives you a right to a refund, that right applies. The Refund Policy explains how.
• If we change the price, we will tell you in advance, and the new price applies from your next renewal after the notice.

You can leave at any time. Delete your account from the app’s settings, or follow the steps in Deleting Your Account. Your account is deactivated immediately and permanently deleted after 30 days; signing back in during those 30 days lets you keep it and cancel the deletion.

We may act when the rules are broken. If we reasonably believe you have broken these terms or the policies that are part of them, created a risk or legal exposure for Wavely or others, or that we are required by law to do so, we may remove or restrict content, limit features, or suspend or terminate your account. How We Enforce Our Rules explains how we decide.

When we act on your content or your account, we will tell you what we did and why, unless doing so would break the law or put someone at risk, and we will tell you how to appeal. See Reporting and Appeals.

If your account is terminated, your license to use the Services ends. The sections on your content, Wavely’s rights, feedback, disclaimers, limitation of liability, indemnity, governing law and disputes, and general terms continue to apply.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WAVELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not promise that the Services will be uninterrupted, secure, or free of errors, or that content on them, including ratings, is accurate or reliable. You use content on Wavely, and act on it, at your own risk. Content posted by users is their responsibility, not ours.

TO THE FULLEST EXTENT THE LAW ALLOWS, WAVELY AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

TO THE FULLEST EXTENT THE LAW ALLOWS, WAVELY’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF ONE HUNDRED US DOLLARS (US $100) OR THE AMOUNT YOU PAID WAVELY IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some places do not allow these exclusions or limits. Where that is the case, they apply only as far as the law allows, and nothing in these terms limits liability that cannot be limited by law, including for fraud, or for death or personal injury caused by negligence.

To the extent the law allows, you agree to defend, indemnify, and hold harmless Wavely and its members, managers, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of your content, your use of the Services, or your breach of these terms.

Try us first. Most problems can be solved without a lawsuit. Before bringing a claim, send a written description of it, and what you want, to legal@usewavely.com. We aim to confirm that we have received it within 2 to 3 business days. The 30 days we then have to resolve it start on the day we confirm, or on the fifth business day after you sent it if we have not confirmed by then. We will do the same for you, at the email address on your account. If the problem is not resolved within those 30 days, either of us may go to court.

Governing law. These terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Michigan and applicable US federal law, without regard to conflict of law rules.

Where disputes are heard. Any dispute will be resolved exclusively in the state or federal courts located in Michigan, and you and Wavely consent to the personal jurisdiction of those courts. Either of us may instead bring an individual claim in a small claims court where it qualifies.

If you live outside the United States. You keep the protection of the mandatory consumer and privacy laws of the place you live, and you may bring a claim in its courts where those laws allow it. If you live in Quebec, nothing in these terms limits your right to go to court or to take part in a class action, and the Try us first step is optional for you.

We may update these terms as Wavely changes or the law requires. If a change is material, we will tell you at least 30 days before it takes effect, in the app or by email, unless a shorter time is needed to address a legal requirement or a safety risk. If you live in Quebec, we will send you a written notice 30 to 90 days before a change takes effect, showing the wording before and after the change and the date it applies. If the change increases what you owe or reduces what we owe, you can refuse it and end these terms at no cost, up to 30 days after it takes effect. Every version is listed on Policy Changes.

If you keep using the Services after a change takes effect, the new terms apply to you. If you do not agree to them, stop using the Services and delete your account.

• Entire agreement. These terms, with the policies they include, are the whole agreement between you and Wavely about the Services, and replace any earlier agreement about them.
• Severability. If a court finds part of these terms unenforceable, that part is limited as little as possible and the rest stays in effect.
• No waiver. If we do not enforce a part of these terms, we have not given up the right to enforce it later.
• Assignment. You may not transfer these terms or your rights under them. We may transfer them, for example as part of a merger or sale of assets, and will tell you if we do.
• Events beyond our control. We are not responsible for failing to perform because of events we cannot reasonably control.
• No third-party beneficiaries. These terms give no rights to anyone other than you and Wavely, except as stated for Apple above.
• Language. These terms are written in English. If a translation conflicts with the English version, the English version applies, unless the law where you live says otherwise.

Questions about these terms go to legal@usewavely.com. To write to Wavely Group L.L.C. by post, email us first and we will send you our mailing address.