WAVEFUSION END-USER LICENSE AGREEMENT, PRIVACY POLICY & TERMS OF SERVICE
IMPORTANT – PLEASE READ CAREFULLY
This is a legal agreement between Wavestore Limited (“Wavestore”) and the end user (“Customer” or “You”) governing your use of the WaveFusion software platform (the “Software”). By accessing or using the Software, You acknowledge that You have read, understood, and agree to be bound by this Agreement, including the Privacy Policy and Terms of Service set out herein.
If You do not agree to all of the terms, do not install, access, or use the Software.
1. COPYRIGHT & PROPRIETARY RIGHTS
The WaveFusion Software and its documentation (including online help files, manuals, and related materials) are the property of Wavestore and protected under copyright and intellectual property laws. All rights not expressly granted herein are reserved by Wavestore. You may not remove or alter any proprietary notices, logos, trademarks, or symbols contained in or with the Software.
2. LICENSE GRANT
Wavestore grants You a non-exclusive, non-transferable, limited license to access and use the Software via a supported web browser, solely for internal business purposes, subject to the terms of this Agreement. You agree not to:
- Reverse engineer, decompile, or disassemble the Software.
- Modify, create derivative works, or attempt to discover source code.
- Rent, lease, sublicense, resell, or otherwise transfer rights to the Software.
- Use the Software for service bureau or third-party benefit purposes.
- Circumvent security, remove proprietary notices, or mirror the Software.
3. PASSWORDS & SECURITY
Customer accounts require authorized access credentials. You are responsible for maintaining the confidentiality of all account credentials and for all activity conducted under Your account. Wavestore uses reputable hosting providers and commercially reasonable security practices to safeguard the Software. However, You acknowledge that no system is entirely immune from unauthorized access, and Wavestore cannot guarantee absolute data security.
4. PRIVACY POLICY
Wavestore values Your privacy. By using WaveFusion, You consent to Wavestore’s collection and use of information as described below:
- Information Collected: Wavestore may collect personal information (e.g., name, email, login credentials) and usage data (e.g., device information, activity logs) to operate and improve the Software.
- Use of Information: Data may be used to provide services, process reimbursements, ensure security, comply with legal obligations, and enhance user experience.
- Data Sharing: Wavestore will not sell or rent Your data. Information may only be shared with service providers, as required by law, or to protect Wavestore’s legal rights.
- Data Security: Wavestore implements industry-standard safeguards but cannot guarantee complete security of transmitted or stored data.
- User Rights: Subject to applicable laws, You may request access, correction, or deletion of personal data by contacting Wavestore. By using the Software, You agree to the terms of this Privacy Policy.
5. LIMITED WARRANTY
Wavestore warrants that the Software will operate in substantial conformity with its documentation for 90 days from the date of Customer’s initial use. EXCEPT AS PROVIDED ABOVE, THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL WAVESTORE, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DATA LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE. WAVESTORE’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE RIGHT TO USE THE SOFTWARE.
7. EXPORT CONTROLS
Customer agrees to comply with all applicable export and import control laws of Canada, the United States, and other relevant jurisdictions.
8. TERMS OF SERVICE
- Eligibility: You must be authorized to enter into binding agreements on behalf of Your organization.
- Acceptable Use: You agree not to misuse the Software, including engaging in illegal, abusive, or fraudulent activities.
- Termination: Wavestore may suspend or terminate Your access if You breach this Agreement or engage in prohibited conduct.
- Amendments: Wavestore may update these terms from time to time, and continued use of the Software constitutes acceptance of any updates.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and any disputes shall be subject to the exclusive jurisdiction of the courts of Ottawa, Ontario.
10. ENTIRE AGREEMENT
This Agreement, including the incorporated Privacy Policy and Terms of Service, constitutes the complete understanding between You and Wavestore with respect to the Software and supersedes any prior agreements.