Terms of Service

1. Agreement to these Terms

These Terms of Service ("Terms") are a binding agreement between you and Wavabout, Inc. ("Wavabout", "we", "us", or "our"), operated from the United States, and govern your access to and use of the Wavabout website, mobile and desktop applications, APIs, and related services (together, the "Service"). By creating an account, accessing, or using the Service, you agree to these Terms, our Privacy Policy, and any guidelines or supplemental terms we reference, all of which are incorporated here. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" includes that organization. We may provide supplemental terms for certain features (for example, the marketplace or paid features); if they conflict with these Terms, the supplemental terms control for that feature.

2. Eligibility and age

You must be at least 13 years old to use Wavabout, and at least the age of digital consent in your jurisdiction (for example, 16 in parts of the European Economic Area) unless a parent or legal guardian provides verifiable consent. By using the Service you represent that you meet these requirements, that you are not barred from using it under any applicable law, and that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and are not on any U.S. Government list of prohibited or restricted parties.

3. Your account and security

You sign in with a one-time email link or, optionally, a third-party login (such as Google, Apple, or Discord). You are responsible for all activity that occurs under your account and for maintaining the security of your email and any connected login. Provide accurate information, keep it current, and do not share, sell, or transfer your account. Notify us promptly at elliottdevs@gmail.com of any suspected unauthorized access or security breach. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your credentials.

4. License to use the Service

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your own personal, non-commercial use, except for commercial use that the Service expressly enables (such as selling licenses to your sounds through the marketplace). We reserve all rights not expressly granted. You may not copy, modify, distribute, sell, lease, frame, scrape, or create derivative works of any part of the Service or our software except as the Service expressly allows or as permitted by mandatory law, and you may not bypass or interfere with any access, rate-limiting, or security control.

We may add, change, suspend, or discontinue any part of the Service, including features, at any time, and may set or change limits on use (such as storage, clip length, or rate limits), with or without notice. We are not liable to you for doing so, though we will try to give reasonable notice of material adverse changes where practical.

5. Your content and the license you grant us

"Your Content" means the audio you record or upload and anything else you post, including captions, comments, voice and text messages, profile information, sounds, and remixes. As between you and us, you retain all ownership rights you have in Your Content. We claim no ownership of it.

To operate, provide, and promote the Service, you grant Wavabout a worldwide, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, cache, reproduce, transcode, re-encode, transcribe, index, analyze, adapt, create derivative works from, publicly perform, publicly display, stream, and distribute Your Content, and to make it available to other users and to enable Service features — including playback, search, captions, reposting, Splice and other remixing, head-to-head "Versus" battles, the pad sampler, and live audio rooms. This license exists solely to run, secure, improve, and promote the Service and is limited to those purposes.

For Content you make public, you additionally grant us and other users the rights necessary for the social features you have enabled — for example, others may repost, remix, or build on your public sounds through Service features, and we may feature public Content in Service promotion. To the extent permitted by law, you waive, and agree not to assert, any moral rights or rights of attribution or integrity in Your Content against us or our sublicensees with respect to these uses. Where such a waiver is not permitted, you agree not to enforce those rights in a way that prevents us from operating the Service.

The licenses you grant end within a commercially reasonable time after you delete Your Content or your account, except: (a) for Content that others have already reposted, remixed, used, downloaded, or licensed in reliance on your prior sharing; (b) for residual copies retained in routine backups or as required for legal, safety, tax, or audit purposes; and (c) for de-identified or aggregated data that no longer identifies you. You are responsible for keeping your own copies of Your Content.

You represent and warrant that you own or have all rights, licenses, consents, and permissions necessary to post Your Content and to grant the licenses above, that Your Content and our authorized use of it do not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights or any law, and that any individual whose voice, likeness, or personal information appears in Your Content has consented to your posting it.

If you send us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you.

6. Acceptable use

You agree not to, and not to attempt to, and not to permit or encourage anyone else to:

• violate any law or regulation, or infringe or misappropriate any third party's intellectual property, privacy, publicity, contractual, or other rights;
• post or distribute content you do not have the rights to, including copyrighted music, recordings, or samples you are not licensed to use;
• harass, bully, threaten, stalk, defame, or impersonate any person or entity, or misrepresent your affiliation with anyone;
• post or transmit content that is unlawful, hateful, harassing, violent, or that sexualizes or exploits minors, or that promotes self-harm, terrorism, or illegal goods or services;
• post sexually explicit, obscene, or graphically violent content where prohibited by these Terms, our guidelines, or applicable app-store rules;
• record, capture, or share another person's voice, likeness, private communications, or personal information without their consent, or post anyone's private or confidential information;
• engage in spam, scams, phishing, fraud, pyramid or referral schemes, or artificially inflate plays, follows, reactions, or other engagement (including bots, click farms, or coordinated inauthentic behavior);
• upload or transmit malware, or interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, accounts, networks, or systems;
• scrape, crawl, harvest, or use automated means to access or collect data from the Service except via interfaces and credentials we expressly authorize, or use the Service or its content to train machine-learning models without our prior written permission;
• reverse engineer, decompile, or attempt to derive source code or underlying components of the Service, except where this restriction is prohibited by law;
• resell, sublicense, or commercially exploit the Service except as expressly permitted; or
• use the Service in a way that could harm minors, endanger anyone's safety, or expose us to legal liability.

These rules are part of these Terms; we may also post additional guidelines for specific features, which supplement them. We may investigate and take any action we consider appropriate for suspected violations, and we may report illegal activity to law enforcement.

7. Content from others; assumption of risk

The Service hosts content created by users and third parties. We do not endorse, and are not responsible for, any user content, and we make no guarantee about its accuracy, legality, or safety. You use the Service and interact with other users at your own risk. If you see content that violates these Terms, use the in-app report tools; we triage reports but do not promise to review, remove, or act on any particular item. General support, feedback, and community discussion may take place through our community channels, which are subject to their operators' own terms.

8. Our intellectual property

The Service, including its software, design, user interface, logos, the "Wavabout" name and marks, and all content we provide (excluding Your Content and other users' content), is owned by us or our licensors and protected by intellectual-property laws. Except for the limited license in Section 4, these Terms grant you no right, title, or interest in the Service or our marks, and you may not use our name or branding without our prior written permission.

9. Copyright and DMCA

We respect intellectual-property rights and expect you to do the same. Our designated copyright agent is registered with the U.S. Copyright Office's DMCA Designated Agent Directory. We use automated audio-fingerprinting to help detect potentially copyrighted recordings, but no system is perfect and we do not guarantee detection. If you believe content on Wavabout infringes a copyright you own or control, send a written notice to our designated copyright agent at elliottdevs@gmail.com that includes the information required by 17 U.S.C. § 512(c)(3): your physical or electronic signature; identification of the work claimed to be infringed; identification of the allegedly infringing material and information reasonably sufficient to locate it; your contact information; a statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law; and a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the rights holder.

We respond to valid notices by removing or disabling access to the material, we provide a counter-notification process consistent with § 512(g), and we terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Submitting a knowingly false notice or counter-notice may expose you to liability for damages under 17 U.S.C. § 512(f).

10. Marketplace, subscriptions, and payments

The Service may let creators offer sounds for paid commercial license and let buyers purchase those licenses ("Marketplace"). Payments are processed by our third-party payment processor (Stripe); we do not store full payment card details. By transacting, you also agree to the processor's terms. You are responsible for all applicable taxes, and for any fees we disclose at the time of a transaction.

If you sell, you represent that you hold all rights necessary to grant the license you offer, you set your price, and you authorize us and our processor to collect payment, deduct any disclosed platform fee, and remit the balance to you. If you buy, you receive the license described at purchase and nothing more; ownership of the underlying sound does not transfer. Except where required by law or expressly stated at purchase, sales are final and non-refundable. Transactions are between buyer and seller; we are not a party to them and are not responsible for the quality, legality, or delivery of any sound, for disputes between users, or for chargebacks, though we may, at our discretion, mediate, reverse, or withhold funds in cases of suspected fraud or policy violations. The free social download feature, where offered, is separate from a paid commercial license.

Subscriptions (e.g. "Wavabout Pro"): some features are offered as a paid subscription, billed in advance on a recurring basis at the price and interval (for example, monthly or yearly) shown at checkout. SUBSCRIPTIONS RENEW AUTOMATICALLY for successive periods at the then-current price until you cancel. You may cancel at any time from your billing settings (which open the payment processor's customer portal); cancellation takes effect at the end of the current billing period, and, except where required by law, payments already made are non-refundable and partial periods are not prorated. We will give reasonable advance notice of any price change, effective on your next renewal. The auto-renewal, price, and cancellation terms shown at checkout are part of these Terms.

11. Automated processing and AI features

Operating the Service involves automated processing of Your Content. This includes machine transcription of audio for search, captions, and accessibility; automated moderation that screens content for prohibited material; automated audio-fingerprinting for copyright matching; and other algorithmic ranking, recommendation, and abuse-prevention systems. Some content on the Service may be generated, narrated, or modified using AI tools. Automated systems can make mistakes, may produce inaccurate transcripts or outputs, and may remove or restrict content or accounts; where we make such decisions, you may contact us to seek human review as described in our Privacy Policy. You are responsible for verifying any AI-assisted output before relying on it.

Voice changer: if you use the AI voice-changer, you may apply it only to audio you have the right to use; the output is AI-modified audio; and you may not use it to imitate or impersonate a real, identifiable person without that person's consent. You are responsible for how the result is labeled and used. To use this feature, audio you submit is sent to our voice-processing provider (ElevenLabs) for conversion.

Royalty checkup and similar informational tools provide GENERAL INFORMATION ONLY. They are not legal, financial, tax, or accounting advice, are not individualized to your situation, and create no advisory or fiduciary relationship. We do not collect, recover, or hold money on your behalf, and we do not guarantee any amount, match, or eligibility. Verify anything important with a qualified professional and the relevant collecting organization before relying on it.

12. Third-party services and links

The Service integrates with and links to third-party services (for example, login providers, payment processing, and community platforms). We do not control and are not responsible for third-party services, their content, or their practices, and your use of them is governed by their terms and privacy policies. Integrating a third-party service does not make us responsible for it.

13. Privacy

Our Privacy Policy explains how we collect, use, share, and protect personal information, and describes your privacy rights and choices. By using the Service, you acknowledge the Privacy Policy. Public Content is, by design, visible and audible to others; do not post anything you are not willing or entitled to share.

14. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend, limit, or terminate your access, remove Content, or close your account at any time — with or without notice — if we reasonably believe you have violated these Terms or the law, if doing so is needed to protect the Service, other users, or third parties, or if your account is inactive for an extended period. For serious violations or risks to safety we may act immediately. Upon termination, your right to use the Service ends; Sections that by their nature should survive (including Sections 5 (residual licenses), 8, 15, 16, 17, 18, and 21) survive termination.

15. Disclaimers

THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT DATA WILL NOT BE LOST. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THESE MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS THAT THESE TERMS CANNOT LIMIT.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WAVABOUT AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR CONTENT, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITS APPLY IN THE AGGREGATE AND DO NOT RESET. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW — SUCH AS LIABILITY FOR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR A CONSUMER'S MANDATORY STATUTORY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PART OF THIS SECTION MAY NOT APPLY TO YOU.

17. Indemnification

To the fullest extent permitted by law, you will indemnify, defend, and hold harmless Wavabout and its owners, employees, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) Your Content; (b) your use or misuse of the Service; (c) your violation of these Terms or any law; or (d) your violation of any third party's rights. We may assume the exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us; you will not settle any matter affecting us without our prior written consent.

18. Dispute resolution, arbitration, and class-action waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION. It applies to the extent permitted by applicable law; where it is prohibited (including for many consumers in the EEA and UK), it does not override mandatory local rights, and you retain any right you have to bring proceedings in your local courts.

Informal resolution first: before filing any claim, you agree to contact us at elliottdevs@gmail.com and give us 30 days to resolve the dispute informally and in good faith.

Binding arbitration: if we cannot resolve a dispute informally, you and we agree that any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than in court, except as stated below. The arbitrator decides all issues, except that a court decides the enforceability of the class-action waiver. Judgment on the award may be entered in any court with jurisdiction.

Class-action and jury waiver: you and we agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court.

Exceptions and opt-out: either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court for actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service. You may opt out of this arbitration agreement by emailing elliottdevs@gmail.com within 30 days of first accepting these Terms, stating your name and intent to opt out; opting out does not affect the other provisions of these Terms.

19. Governing law and venue

These Terms and any dispute relating to them or to the Service are governed by the laws of the State of Illinois and applicable U.S. federal law, without regard to conflict-of-laws rules, and the Federal Arbitration Act governs Section 18. To the extent any dispute proceeds in court rather than arbitration, it will be brought exclusively in the state or federal courts located in Illinois, and you and we consent to their personal jurisdiction and waive any objection to that venue. If you are a consumer, nothing in this section deprives you of the protection of the mandatory laws of the place where you live, or of any right you may have to bring proceedings in your local courts.

20. Mobile applications and app stores

If you download a Wavabout application from a third-party app store (such as Apple's App Store or Google Play), your use is also subject to that store's terms. Where Apple's terms apply: these Terms are between you and Wavabout, not Apple; Apple has no obligation to provide support or to address any claims relating to the app; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in an embargoed country or on a prohibited-party list and that you will comply with all applicable third-party terms when using the app.

21. Changes, and general terms

Changes: we may update these Terms. We will revise the "Last updated" date and, for material changes, provide notice in-app or by other reasonable means. Changes are effective when posted unless stated otherwise; your continued use after they take effect means you accept them. If you do not agree, stop using the Service.

General: these Terms and any documents they incorporate are the entire agreement between you and us about the Service and supersede prior agreements on that subject. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign or transfer these Terms without our consent; we may assign them, including in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries except as stated in Section 20. We are not liable for any delay or failure caused by events beyond our reasonable control. We may give you notice by in-app message or to your account email; you may contact us as stated below. Section headings are for convenience only.

22. Contact

Questions about these Terms, legal notices, and DMCA notices: elliottdevs@gmail.com. Wavabout, Inc.